IRON COUNTY COMMISSION MEETING
October 27, 2008
Minutes of the Iron County Commission meeting convened at 9:00 a.m October 27, 2008 in 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
David I. Yardley County Clerk
Also Present:
H. Eugene Adams County Auditor
Dennis W. Ayers County Assessor
Mark O. Gower County Sheriff
Margaret Miller Justice Court Judge
Reed Erickson County Administrator
Jared Wilson IT Director
Cynthia K. Robinson Chief Deputy County Clerk
Michael Edwards Deputy County Attorney
SYNOPSIS :
APPROVAL OF MINUTES October 13, 2008
APPROVAL OF NATURAL RESOURCE ADVISORY COUNCIL
APPROVAL OF WARRANTS & ADJOURN
INCREASE PAY RATE FOR BOARD OF EQUALIZATION HEARING OFFICER
NOTIFICATION OF CONDITIONAL USE PERMIT
PRESENTATION OF APPRECIATION PLAQUES
PUBLIC HEARING ORDINANCE 2008-10
REQUEST TO VACATE NAVAJO TRAILS ROAD & AMEND SUBDIVISION PLAT
RURAL PUBLIC LANDS BUDGET DISCUSSION
YOUTH HOME MANAGEMENT DISCUSSION
ZONE CHANGE A-20 to R-½ :
“EVERY 15 MINUTES” PRESENTATION
Those assembled were led in the pledge of allegiance by Margaret Miller.
APPROVAL OF MINUTES October 13, 2008 :
Minutes of the Iron County Commission meeting held October 13, 2008 were approved as amended on a motion by Wayne Smith. Second was by Alma Adams. Voting: Lois Bulloch, Aye; Wayne Smith, Aye; Alma Adams, Aye.
Reed Erickson reported his assistant , Jan Neth, will begin her job on November 10, 2008. The departmental budget process starts this week. He will be attending the UAC Annual Convention.
Dennis Ayers reported that his new employee, Suzette Bulloch, started today. He will not be attending the UAC Annual Convention. He explained that the Assessor’s will be displaying a new assessing program but he is pleased with the program currently being used by Iron County.
Mark Gower reported that his office has been busy with calls and a current investigation that started over the weekend.
Gene Adams reported that he is working on next year’s budget and will be meeting with each Elected Official and Department Head. His deputy, Carrie Christiansen, was very busy with BOE’s this year. Next year a part-time person may need to be hired to help with the BOE’s.
Jared Wilson reported that Bill Nelson, the new GIS Specialist, will be starting on November 3, 2008.
Margaret Miller reported that her office is very busy. E-Filing has increased and speeds the ticket process up. They are still working on past warrants.
Cynthia Robinson reported that the County Clerk, David I. Yardley, has asked to be excused this morning. He is setting up Early Voting in Enoch and Cedar. Early voting at the Iron County Courthouse is in the second week. Many people have already voted. His office has put on nearly 2,000 new registrations in the last month and many more people have moved just within the county. His office set a record on the 20th of October, more than 200 people came in his office to register to vote.
Mike Edwards reported that he attended a conference with other attorney’s and received good training.
Alma Adams reported that he will be attending the Secure Rural School Funding Workshop. This winter, UDOT will not close the road over the mountain, Highway 143, from Brian Head to Panguitch. With help from Brian Head and Parowan they will try to keep it open. Parts of the Coal Creek flood area in Cedar Valley have been down graded from flood zone A to flood zone C because of the work that has been done on the flood channels.
Alma also reported that he attended the ICWCD meeting where the possibility of tapping into a new water source, the Navajo Sandstone was discussed. This new potential source has been researched by Blair Maxfield.
Lois Bulloch was impressed with the iron mine opening ceremony. The ore will be loaded onto railcars then taken to Long Beach, CA, where the ore will then be loaded onto China-bound barges. Mike Worthen will be attending the uranium field trip associated with the UAC Annual Conference. She attended the Ras Jones Sheep Shearing opening on Friday where she made a speech.
Lois also reported that the Parowan Senior Citizen center dedication was wonderful. It is nice to be able to honor our senior citizens with such a nice facility.
Lois attended the State Building Tour on Thursday in St. George. She is still interested in the county building a facility for the highway patrol, driver’s license, and other state agencies in Iron county and then leasing the space back to them.
Wayne Smith commented that the items he had to discuss have already been discussed. He expressed his concern for the budget and our economy as it is at the present time.
Wayne Smith made a motion to open a public hearing to receive comments regarding a proposed zone change. Second by Alma Adams. Voting: Lois Bulloch, Aye; Wayne Smith, Aye; Alma Adams, Aye.
Chad Nay reported on a request by Fawn’s Future LLC to rezone from A-20 to R-½ , property located about 4000 North & Lund Hwy, and within Sec. 17, T35S, R11W, SLM. Fawn’s Future LLC is represented by Iron Ridge Civil Solutions, Inc. The recommendation from Planning and Zoning is to approve with some conditions. After discussion regarding a flood channel and commercial space Wayne Smith made a motion to table until an agreement can be formed on a flood structure on Coal Creek. Seconded by Alma Adams. Voting: Lois Bulloch, Aye; Wayne Smith, Aye; Alma Adams, Aye.
YOUTH HOME MANAGEMENT DISCUSSION :
Mark Gower, Iron County Sheriff discussed concerns with the Sheriff Department’s involvement in dealing with youth homes. He spoke of the lack of staffing and training of staff in these homes and questioned who is the agency supervising these facilities to determine if they are following regulations. Melanie Hirschi and other concerned individuals also discussed their concerns. The Commission Chair asked that the County Attorney, the Sheriff, and the home owner’s meet to review and possibly make suggestions to update the current ordinance.
PRESENTATION OF APPRECIATION PLAQUES :
Recipients Garry M. Goodsell and Randy Peck, past members of the Iron County Planning Commission were recognized for their service on the Planning Commission. Randy Peck was present and received his token of appreciation. Garry Goodsell was not able to attend and has asked to be excused. His recognition will be delivered to him later. The Commission expressed their appreciation for the hard work they have done and for all their years of service.
“EVERY 15 MINUTES” PRESENTATION :
Aaron Pallesen, School Resource & Public Relations Officer and Parowan High School Students reported on their “every 15 minutes” project recently completed. This project was funded by the County and is designed to help students realize they have a choice in making good positive decisions in their lives regarding drinking and driving. After viewing a video, a few of the students expressed their feelings about their participation in producing the video and the assembly which was held for the student body. Thanks was given to the Commission for their support. The Commission also thanked those involved for their presentation and the for the positive effect it has been for the students.
NOTIFICATION OF CONDITIONAL USE PERMIT :
Chad Nay reported on a Conditional Use Permit for construction and operation of a kennel requested by Richard and Lori Horst, 23 S 1200 W, Kanarraville. This request is a formal notification to the County Commission before it goes before the Planning & Zoning Commission. No concerns were expressed by the County Commission. It was then referred to the Planning & Zoning Commission for further action.
REQUEST TO VACATE NAVAJO TRAILS ROAD & AMEND SUBDIVISION PLAT :
Insite Engineering presented a request to amend the subdivision plat of Monte Vista Unit 5 subdivision by vacating Navajo Trails Road. Action on the item was tabled and the matter was forwarded to the Planning Commission for their recommendation in compliance with Utah Code 17-27a-609.5 and 17-27a-208.
The Commission requested that all future road vacate requests should first be brought before the Planning Commission and then brought before the County Commission.
INCREASE PAY RATE FOR BOARD OF EQUALIZATION HEARING OFFICER:
Eugene Adams, Auditor presented a request to increase the rate of pay of the Board of Equalization Hearing Officer from $50.00 per hour to $60.00 per hour. After discussion, the Commission tabled action to allow comparable information from other Counties using Hearing Officers to be gathered for a comparison.
Colette Eppley presented for approval new employees, Stephanie Orton, Tena Day, Colleen Adams, Linda Harris, Beverly Landis, Cheryl Mount, and Donnette Vincent, as seasonal employees in the Treasurer’s office; Carlos Oridonez as a Council of Aging Driver; and Christopher Doubek as a Custodian at the Cedar City Senior Citizen Center. Wayne Smith made a motion to approve the new employees as presented. Second by Alma Adams. Voting: Lois Bulloch, Aye; Wayne Smith, Aye; Alma Adams, Aye.
Colette presented for approval the following Ambulance Department Promotions. Christine Dearden and Nicholas Wittwer from EMT-Intermediate to Paramedic. Alma Adams made a motion to approve the promotions as presented. Second by Wayne Smith. Voting: Lois Bulloch, Aye; Wayne Smith, Aye; Alma Adams, Aye.
Collette presented Jared Gardner as a Volunteer for the Newcastle Fire Department. Alma Adams made a motion to approve the volunteer as presented. Second by Wayne Smith. Voting: Lois Bulloch, Aye; Wayne Smith, Aye; Alma Adams, Aye.
The Commission received a letter from the State, from Michelle Milbank, asking us to participate in getting the word out on the Utah Children Protection Registry. The letter was given to Colette to distribute.
Colette informed the Commission that employees with more than 320 hours of unused vacation time were given a letter from the Payroll Department stating that they will lose any unused vacation hours over 320 hours per County Personnel Policy. All employees that are over the 320 hour limit will be notified annually.
Wayne Smith made a motion to open a public hearing to consider potential projects for which funding may be applied under the CDBG Small Cities Program for Program Year 2009. Second by Alma Adams. Voting: Lois Bulloch, Aye; Wayne Smith, Aye; Alma Adams, Aye.
Commissioner Lois Bulloch, opened the public hearing for the CDBG program and stated that this hearing is being called to consider potential projects for which funding may be applied under the 2009 Community Development Block Grant Program. It was explained that the grant money must be spent on projects benefitting primarily low and moderate-income persons. The Five County Association of Governments in which Iron County is a member, is expecting to receive approximately $800,000 plus/minus in this new program year. All eligible activities that can be accomplished under this program are identified in the CDBG Application Guide and interested persons can review it at any time.
Commissioner Bulloch read several of the eligible activities listed including, Construction of public works and facilities, ie: water and sewer lines, fire stations, acquisition of real property, provision of public services such as food banks or homeless shelters. Also eligible are loan programs for private businesses which would then hire low income persons and the program can also pay for housing rehabilitation for low income homeowners or for persons owning rental housing for lower income persons.
Commissioner Bulloch reported that in the past Iron County has received funding through the CDBG program including the following:
1. Iron Co./Beryl area ($20,000) 1982 fire project
2. Iron Co./Senior Center ($100,000) 1985 Cedar Senior Citizens Center
3. Iron Co./Summit SSD ($20,300) 1986 water project
4. Iron Co./Senior Center ($30,000) 1986 Cedar Senior Citizens Center
5. Iron Co./Iron Parke, Inc. ($34,650) 1994 ADA modifications
6. Iron Co./County Council on Aging ($27,661) 1995 Cedar Senior Citizens Center ADA modifications
7. Iron Co./Beryl-New Castle ($23,332) 1995 Community Center ADA modifications
8. Iron County ($150,000) 1995 Ambulance Garage - Cedar
9. Iron Co./New Castle ($71,000) 1998 Fire Station
10. Iron County ($150,000) 2002 Ambulance Garage – Parowan
11. Iron County ($240,000) 2004-05 Cedar Senior Citizens Center Expansion
12. Iron County ($76,441) 2004 Meals on Wheels Delivery Trucks
13. Iron County ($300,000) 2007-08 Parowan Senior Citizens Center
The County has handed out its capital investment plan as part of the regional “Consolidated Plan”. This list shows which projects the County has identified as being needed in the community.
It was asked that anyone with questions, comments or suggestions during the hearing please identify themselves by name, before they speak. The clerk will include your names in the minutes and we would like to specifically respond to your questions and suggestions during the hearing.
Mr. Chester Faulkner asked about what qualified as low income designation and if private projects could be funded. Commissioner Bulloch responded to the question by stating that projects must benefit a group of people and that individuals do not qualify. Low income is defined as meeting Federal low income designation.
Mr. Ronald Johnson asked if a remodel and expansion of the Cedar City Ambulance Garage to add additional bays and office space has been included on the Capital Improvement Plan for 2009. Commissioner Adams responded to the question by stating that the expansion project has not been included for 2009 because of budget constraints on matching funds but can be added to the long range plan.
Commissioner Bulloch then asked if there were any other suggestions? Hearing no further questions or comments, the hearing was adjourned at 2:15 p.m.
PUBLIC HEARING ORDINANCE 2008-10 :
Alma Adams made a motion to open a public hearing to receive comments on Ordinance 2008-10, an Ordinance of Iron County amending the original plat of Mountain Valley Ranches Subdivision filed May 30 1996. Second by Wayne Smith. Voting: Lois Bulloch, Aye; Wayne Smith, Aye; Alma Adams, Aye.
David Yardley explained that the Commission considered the proposal to vacate a ten acre lot in Mountain Valley Ranches earlier in the year. A legal description of the meets and bounds parcel created by vacating the lot was not included and has just recently become available. The Ordinance is required to be recorded.
No further comments were presented whereupon Alma Adams made a motion to close the hearing and adopt Ordinance 2008-10 as presented. Second by Wayne Smith. Voting: Lois Bulloch, Aye; Wayne Smith, Aye; Alma Adams, Aye.
IRON COUNTY
ORDINANCE 2008-10
AN ORDINANCE OF IRON COUNTY AMENDING THE ORIGINAL PLAT OF MOUNTAIN VALLEY RANCHES SUBDIVISION FILED MAY 30 1996.
WHEREAS, this matter came before the Board of County Commissioners of Iron County, Utah upon written application to vacate Lot 12, Mountain Valley Ranches Subdivision which was filed on May 30, 1996 in Book 567, Page 285 as entry number 365067 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 vacation of Lot 12, Mountain Valley Ranches Subdivision ;
NOW THEREFORE, BE IT ORDAINED BY THE COUNTY LEGISLATIVE BODY OF IRON COUNTY, UTAH AS FOLLOWS:
SECTION 1.
1. Lot 12 of the original plat of Mountain Valley Ranches Subdivision filed on May 30, 1996 in Book 567, Page 285 as entry number 365067 of the Official Records of the Iron County Recorder is hereby vacated, and
2. The parcel created shall be described as follows:
BEGINNING AT THE NW CORNER OF LOT 13, MOUNTAIN VALLEY RANCHES SUBDIVISION AND RUNNING THENCE S 01̊10’41” W ALONG THE WEST LINE OF SAID LOT A DISTANCE OF 695.30 FEET; THENCE DEPARTING SAID LINE N 89̊50’37” W 626.46 FEET TO THE EAST R.O.W. LINE OF 2300 WEST STREET; THENCE N 01̊07’59” E ALONG SAID LINE 675.63 FEET TO A POINT OF CURVE; THENCE 31.08 FEET ALONG THE ARC OF A CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 89̊01’24” AND RADIUS OF 20.00 FEET TO THE SOUTH R.O.W. LINE OF 5875 NORTH STREET; THENCE S 89̊50’37’ E ALONG SAID LINE 607.34 FEET TO THE POINT OF BEGINNING LOCATED WITHIN SECTION 4, TOWNSHIP 35 SOUTH, RANGE 11 WEST, SLB&M AND CONTAINS 10.000 ACRES.
as amended by Iron County Ordinance 2008-10 as adopted on the 27th day of October 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. 2008-10 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 27th day of October , 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
The Commission discussed billing for services by Randy Johnson who is working on a Public Lands bill that will address Prairie Dog issues. Action was tabled to allow discussion with Mr. Johnson regarding billing procedure.
RURAL PUBLIC LANDS BUDGET DISCUSSION :
Participation level in the Rural Public Lands Council was discussed and action tabled to allow discussion with Commissioners from other Counties at the UAC annual convention.
APPROVAL OF NATURAL RESOURCE ADVISORY COUNCIL :
Mike Worthen presented a request to appoint a Natural Resource Advisory Council to make recommendations and to assist in County Resource Management Planning.
The Commission approved the following recommendations to appointments; Craig Laub, Agriculture; Jeff Hunter, Timber; Rick Bonzo, Water; Donnie Hunter, Sportsmen; and Brian Cottam, an ex Officio member. Additional ad hoc partners will be added from other agencies.
Wayne Smith made a motion to establish the Natural Resource Advisory Council and to approve the appointments as recommended. 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 3:00 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