IRON COUNTY COMMISSION MEETING
November 10, 2008
Minutes of the Iron County Commission meeting convened at 9:00 a.m. November 10, 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
Scott F. Garrett County Attorney
David I. Yardley County Clerk
Reed Erickson County Administrator
SYNOPSIS :
APPROVAL OF WARRANTS & ADJOURN
BAILIFF CONTRACT FIFTH DISTRICT AND JUVENILE COURTS
BOARD APPOINTMENT SOUTHWEST UTAH PUBLIC HEALTH
BOARD OF EQUALIZATION HEARING OFFICER
FEMA/HOMELAND SECURITY EMERGENCY MANAGEMENT CERTIFICATES
IRON COUNTY SCHOOL DISTRICT REQUEST FOR FEE WAIVER
RESOLUTION 2008-6 SRS FUNDING OPTION SELECTION
RESOLUTION 2008-7 SRS FUNDING DISTRIBUTION
RESOLUTION 2008-8 AUTHORIZING UTAH TAX COMMISSION LAWSUIT
RESOLUTION 2008-9 UCIP APPOINTMENT OF VOTING REPRESENTATIVE
WESTERN COUNTIES ALLIANCE UPDATE
Those assembled were led in the pledge of allegiance by Lois Bulloch.
Kal Kahler reported that the Lake Powell Pipeline final study plan is set to be release in mid January 2009. A CICWCD master plan for water for Cedar City and Enoch is also expected to be completed by late January 2009.
The CICWCD continues to study a possible reservoir site on Urie Creek.
Reed Erickson reported that his secretary, Jan Neth will begin work today. Ms. Neth was present and was introduced to the Commission. The Circuit Planner position is being re-advertised for applicants.
Scott Garrett reported that the Brian Featherhat murder trial is set to begin later this month. He reported that he is meeting with Dr. Stultz to gather information on the wound suffered by Officer Thomas when Mr. Featherhat shot him point blank with a shotgun.
Alma Adams reported that a funding request was received from the local chapter of the Civil Air Patrol for continued funding. They are requesting $1,000 for 2009. This request was forwarded to the Auditor.
Alma also reported that SUPAC toured the new RAZER Tech power plant in Beaver County. The plant will use geothermal water to generate electricity which has been contracted to California. A wind farm located North of Milford was also viewed.
Alma reported that SR 143 is in the process of being designated as a scenic byway which should help with maintenance and funding of improvement projects.
Lois Bulloch reported that Mike Worthen is scheduled to attend a uranium mine tour in conjunction with the upcoming UAC Conference in Washington County. She also reported that a traffic study of a four way stop in the Escalante valley has been completed. The study shows that the four way stop is not warranted and she also explained that stop signs are not to be used to control speed on rural roads in compliance with the manual of uniform traffic control devices.
David Yardley reported that the turnout for the November 4 General election was high. Preliminary turnout shows 68%. This will increase as provisional ballots are processed. There are still over 1,000 provisional ballots to process which is the highest number Iron County has ever dealt with since provisional ballots became a part of the election process.
BAILIFF CONTRACT FIFTH DISTRICT AND JUVENILE COURTS :
Scott Garrett presented for approval Bailiff contracts for the Fifth District Court and the Fifth District Juvenile Court. The contracts cover FY 2008-2009. Wayne Smith made a motion to approve the contracts and authorize the Chair to sign. Second by Alma Adams. Voting: Lois Bulloch, Aye; Alma Adams, Aye; Wayne Smith, Aye.
RESOLUTION 2008-6 SRS FUNDING OPTION SELECTION :
Reed Erickson presented for approval Resolution 2008-6 which ratifies the secure rural schools funding option selection. Alma Adams made a motion to adopt Resolution 2008-6 as follows. Second by Wayne Smith.
RESOLUTION 2008-6
A RESOLUTION RATIFYING IRON COUNTY’S SELECTION OF THE SECURE RURAL SCHOOLS FUNDING OPTION AS THE “FULL SAFETY NET PAYMENT”
Whereas the Congress of the United States has seen fit to pass PL 110-343, which provides a four (4) year safety net whereby counties may either receive the traditional annual payment from the Forest Service (and/or BLM) or select four years of payments based on a formula provided in the legislation; and
Whereas PL 110-343 specifies that each forest county has an option to select either: (a) remaining on the traditional 25% Forest Reserve Receipts payment system or (b) selecting the full state payment system set forth in Title I of PL 110-343; and
Whereas it is understood that counties which select the PL 110-343 full payment (safety net) option are doing so for the full four (4) year life of the bill; and
Whereas it is further understood, that those counties who select to remain on the traditional 25% Forest Reserve Receipt system, are obligating themselves for a two year period, and will have the option of changing to the PL 110-343 safety net system after the second year of the bill.
Be it therefore resolved that Iron County hereby selects to receive their forest reserve payments as set forth below:
√ Full Safety Net Payment amount as per PL 110-343; and
Be it further resolved that this selection was communicated to the Governor of the State of Utah, in care of the following designee on November 4th, 2008:
Karen Hardy,
Administrative Assistant to the State Planning Coordinator, Mike Mower
State Capitol Complex, 350 N State St., Ste. 150
Salt Lake City, UT 84114; and
Be it further resolved that all jurisdictions receiving Forest Reserve Funds within Iron County receive a copy of this resolution for their official records as soon as it is officially adopted.
PASSED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS OF IRON COUNTY, UTAH this 10th day of November, 2008.
IRON COUNTY BOARD OF COUNTY COMMISSIONERS
Lois L. Bulloch, Chair
ATTEST:
David I. Yardley, County Clerk
VOTING:
Lois L. Bulloch Aye
Alma L. Adams Aye
Wayne A. Smith Aye
RESOLUTION 2008-7 SRS FUNDING DISTRIBUTION :
Reed Erickson also presented Resolution 2008-7 ratifying Iron County’s selection of the SRS funding distribution selection. The Commission reviewed the resolution and Wayne Smith made a motion to adopt Resolution 2008-7 as presented. Second by Alma Adams.
RESOLUTION 2008-7
A RESOLUTION RATIFYING IRON COUNTY’S SELECTION OF THE SECURE RURAL SCHOOLS FUNDING DISTRIBUTION
Purpose: Designating 15% to 20% of the Safety Net Full Payment Amount to be Allocated to Local Projects and specifying the percentage of funding to be allocated to Title II and III Projects.
Whereas Congress has passed PL 110-343 – Sect. 601(a), Division C which seeks to reconnect local communities with decisions made on their national forests and invest in improving the health of our forests and watersheds; and
Whereas PL 110-343 makes provisions for payments to counties for up to four (4) years with either 15% to 20% of these funds being allocated to projects which would enhance the health and safety of US National Forests.
Be it therefore resolved that Iron County, which has elected to receive payments under the provisions of PL 110-343, hereby designates 15 % of its safety net payments to be allocated to Title II or Title III projects under this legislation; and
Be it further resolved that Iron County intends to allocate its’ designated project funds in the following proportions:
Title II funds: 100 %
Title III funds: 0 %
Be it further resolved that this selection was communicated to the Governor of the State of Utah, in care of the following designee on November 4th, 2008:
Karen Hardy,
Administrative Assistant to the State Planning Coordinator, Mike Mower
State Capitol Complex, 350 N State St., Ste. 150
Salt Lake City, UT 84114; and
Be it further resolved that all jurisdictions receiving Forest Reserve Funds within Iron County receive a copy of this resolution for their official records as soon as it is officially adopted.
PASSED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS OF IRON COUNTY, UTAH this 10th day of November, 2008.
IRON COUNTY BOARD OF COUNTY COMMISSIONERS
Lois L. Bulloch, Chair
ATTEST:
David I. Yardley, County Clerk
VOTING:
Lois L. Bulloch Aye
Alma L. Adams Aye
Wayne A. Smith Aye
FEMA/HOMELAND SECURITY EMERGENCY MANAGEMENT CERTIFICATES:
Dean Cox, Lynn Excell and Ron Moser met with the Commission to present an award to Charlie Morris, Emergency Manager and Jane Shaffer, Emergency Management Assistant for Completion of Professional Development Series Course. The Commission also congratulated Charlie and Jane on the completion of the course and thanked them for their service to Iron County.
BOARD OF EQUALIZATION HEARING OFFICER :
Gene Adams reported to the Commission on results of inquiries about pay for BOE hearing officers. He found that $50.00 per hour was in line with what other third class counties are paying. Washington County, a second class county, pays more per hour and hire more officers.
After reviewing the request for an hourly rate increase for 2008, Wayne Smith made a motion to pay the budgeted and approved rate of $50.00 per hour and to authorize a request for qualifications be advertised for 2009. Second by Alma Adams. Voting: Lois Bulloch, Aye; Alma Adams, Aye; Wayne Smith, Aye.
WESTERN COUNTIES ALLIANCE UPDATE :
Ken Brown and Mark Walsh met with the Commission to request participation and funding of the Western Counties Alliance. Mr. Walsh reported that for the first time PILT has been fully funded by Congress. He also explained funding options for Secure Rural Schools payments. The Commission commented they have already passed SRS resolutions as required.
Mark also discussed the possibility of diverting funds to Special Service Districts for roads so that SRS payments do not impact PILT payments. No action was taken by the Commission at this time.
Colette Eppley presented for approval Rosemary Denecke as a part time culinary worker at the Jail to replace Rosa Aldridge. Alma Adams made a motion to approve the new hire as presented. Second by Wayne Smith. Voting: Lois Bulloch, Aye; Alma Adams, Aye; Wayne Smith, Aye.
Wayne Smith made a motion to convene as a Restaurant Tax Board to review requests for funding. Second by Alma Adams. Voting: Lois Bulloch, Aye; Alma Adams, Aye; Wayne Smith, Aye. Member of the Iron County Restaurant Tax Board present included the Commissioners, Rusty Aiken, and Maria Twitchell.
Maria Twitchell presented funding requests for 2009 and the Board approved the following allocation pending final budget approval on December 22, 2008.
Enoch City, Recreation Area Improvements $20,000
Iron County Fair Building Roof Improvements $29,350 ½ to be matched by Parowan
Iron County Fair Building Air Conditioning $28,550 ½ to be matched by Parowan
Brian Head Town Sign Project $7,194
Three Peaks Recreation Shooting Range $15,000
Shakespeare Festival $70,000
Reserve $68,000 to be used in funding Cedar City Recreation Center commitment pending approved interlocal agreement
Alma Adams made a motion to approve the tentative funding as presented. Second by Rusty Aiken. Voting: Lois Bulloch, Aye; Alma Adams, Aye; Wayne Smith, Aye; Rusty Aiken, Aye; Maria Twitchell, Aye.
The Restaurant Tax Board then adjourned on a motion by Alma Adams, Second by Rusty Aiken. Voting: Lois Bulloch, Aye; Alma Adams, Aye; Wayne Smith, Aye; Rusty Aiken, Aye; Maria Twitchell, Aye.
Wayne Smith discussed the problem with Prairie Dog encroachment into Equestrian Point Subdivision. When the subdivision was developed, there were no prairie dogs present, there is now an established and thriving colony which has halted development.
BOARD APPOINTMENT SOUTHWEST UTAH PUBLIC HEALTH :
Lois Bulloch reported that Russell Anderson’s term is completed on the Southwest Utah Public Health Board. He has agreed to serve another term if it is approved by the Commission. Lois reported that he has done an excellent job on the Board and recommended he be reappointed.
Wayne Smith made a motion to reappoint Russell Anderson to another term on the Southwest Utah Public Health Board. Second by Alma Adams. Voting: Lois Bulloch, Aye; Alma Adams, Aye; Wayne Smith, Aye.
IRON COUNTY SCHOOL DISTRICT REQUEST FOR FEE WAIVER :
A request to waive dumping fees for demolition waste generated by the demolition of a portion of Parowan High School was discussed. The School District failed to included dumping fees in their contract negotiations and agreed with the successful contractor to cover the landfill fees.
The Commission denied their request to waive dumping fees because all other entities are required to pay and the expense for handling the waste accrued to the County. Wayne Smith made the motion to deny the request. Second by Alma Adams. Voting: Lois Bulloch, Aye; Alma Adams, Aye; Wayne Smith, Aye.
RESOLUTION 2008-8 AUTHORIZING UTAH TAX COMMISSION LAWSUIT:
Reed Erickson explained the proposed lawsuit being prepared by UAC to file requesting the State Tax Commission to establish clear guidelines for operations regarding tax distributions.
Because of the failure of the State Tax Commission to correct errors or to review their methodology in distributing sales tax revenue appropriately the Counties are left with few options. After reviewing the proposed resolution. Wayne Smith made a motion to adopt Resolution 2008-8. Second by Alma Adams.
RESOLUTION NO. 2008- 8
A RESOLUTION AUTHORIZING IRON COUNTY TO JOIN OTHER UTAH COUNTIES IN LITIGATION TO CLARIFY UTAH TA X COMMISSION OPERATIONS REGARDING TAX DISTRIBUTIONS
WHEREAS, the recent actions of the Tax Commission have sought to make substantial adjustments to tax reimbursements provided during prior fiscal years; and
WHEREAS, Counties rely on sales tax revenues to fund county programs, service debt, and maintain financial solvency; and
WHEREAS, the annual budget for this county is set each December for the following year; and
WHEREAS, Utah’s counties must be able to rely on the Tax Commission to correctly calculate and allocate tax proceeds and to scrupulously perform its fiduciary duties; and
WHEREAS, the recent efforts to redistributed sales tax revenues to account for improper calculations by telecom providers extend back to 2006; and
WHEREAS, there are clear inaccuracies in the calculations of telecom sales tax and inappropriate methodologies used to calculate the amounts counties were overpaid; and
WHEREAS, the Utah State Tax Commission has indicated that it has no intention to review, audit or otherwise verify that its reallocation of telecom sales tax proceeds was correct; and
WHEREAS, the Tax Commission has inappropriately withheld proceeds from non-telecom sales for the current year and has thereby seriously impacted some counties; and
WHEREAS, efforts to settle this matter in a way that is consistent with law, equity, and the fiduciary responsibilities to the Tax Commission have failed.
NOW, THEREFORE, BE IT RESOLVED that Iron County enter into litigation to clarify for the Tax Commission both the law under which it is required to operate and the provisions of the fiduciary duty the Tax Commission owes to the several counties of Utah.
PASSED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS OF IRON COUNTY, UTAH this 10th day of November , 2008.
IRON COUNTY BOARD OF COUNTY COMMISSIONERS
Lois L. Bulloch, Chair
ATTEST:
David I. Yardley, County Clerk
VOTING:
Lois L. Bulloch Aye
Alma L. Adams Aye
Wayne A. Smith Aye
RESOLUTION 2008-9 UCIP APPOINTMENT OF VOTING REPRESENTATIVE:
David Yardley, County Liability Insurance Coordinator presented Resolution 2008-9 for approval. Annually, members are required to designate by resolution a voting member for the annual membership meeting.
Wayne Smith made a motion to approve Resolution 2008-9 designating David Yardley as the voting member and Wayne Smith as the alternate voting member. Second by Alma Adams. Voting: Lois Bulloch, Aye; Alma Adams, Aye; Wayne Smith, Aye.
RESOLUTION NO. 2008-9
RESOLUTION OF APPOINTMENT OF A IRON COUNTY REPRESENTATIVE AND AN ALTERNATE REPRESENTATIVE FOR THE UTAH COUNTIES INSURANCE POOL MEMBERSHIP MEETING
WHEREAS, the Board of County Commissioners of Iron County, Utah, is the proper authority to appoint a qualified person to act as the official representative for Iron County at the Utah Counties Insurance Pool Membership Meeting to be held on December 4, 2008; and
WHEREAS, the Board of County Commissioners of Iron County, Utah, has been informed that the By-laws of the Utah Counties Insurance Pool require that the official representative and an alternate representative for Iron county be elected or appointed officers or employees of a member county and be appointed by majority vote of the governing body and designated in writing,
NOW, THEREFORE, be it resolved by the Board of County Commissioners of Iron County, Utah, hereby appoints David Yardley as the official Iron County representative for the Utah Counties Insurance Pool Membership Meeting to be held on, December 4, 2008 with Wayne A. Smith as an alternate representative.
RESOLVED ADOPTED AND ORDERED this 10th day of November, 2008.
BOARD OF COUNTY COMMISSIONERS
IRON COUNTY, UTAH
_____________________________________
Lois L. Bulloch, Chair
______________________________________
Wayne A. Smith, Commissioner
______________________________________
Alma L. Adams, Commissioner
ATTEST:
David I. Yardley, Iron County Clerk
By:
APPROVED AS TO FORM:
Scott F. Garrett, Iron County Attorney
By:
APPROVAL OF WARRANTS & ADJOURN :
After the bills were reviewed and approved or rejected, the meeting was adjourned at 3:30 p.m. on a motion by Wayne Smith. Second was by Alma Adams. Voting: Lois Bulloch, Aye; Alma Adams, Aye; Wayne Smith, Aye.
Signed: Lois L. Bulloch, Chair
Attest: David I. Yardley
County Clerk