IRON COUNTY COMMISSION MEETING
December 22, 2008
Minutes of the Iron County Commission meeting convened at 9:00 a.m. December 22, 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
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 :
APPROVAL OF COMMISSION MEETING SCHEDULE FOR 2009
APPROVAL OF WARRANTS & ADJOURN
BOOKMOBILE CONTRACT APPROVAL AND SIGNATURES
COUNTY OFFICE CHRISTMAS EVE WORK HOURS
PUBLIC HEARING 2009 FINAL BUDGET HEARING
PUBLIC HEARING 2008 BUDGET AMENDMENTS
Those assembled were led in the pledge of allegiance by Jared Wilson.
APPROVAL OF MINUTES December 8, 2008 :
Minutes of the Iron County Commission meeting held December 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.
Geri Norwood reported that the delinquent tax list has been prepared and forwarded to the newspaper for publication. The list included about 8,000 delinquent accounts totaling 5.2 million in delinquent taxes.
Patsy Cutler reported that the Recorder’s office is keeping busy filing paperwork as people refinance their mortgages to take advantage of very low interest rates. Patsy also noted that this is her last meeting as the Recorder and she thanked the Commission for their support.
The Commission and other elected officials wished Patsy best wishes and happiness in her retirement.
Dennis Ayers reported on a concern in the Assessor’s office. Property sales numbers are down however home sales are being reported at above appraised market value. This makes assessing fair market value difficult. He will be working through these issues with his staff and with the State Tax Commission.
Dennis also reported that Iron County has been selected as the site of the 2009 Assessor’s summer workshop which will be held in July.
Jared Wilson reported that the IT Department is working on data conversion for the Reverse 911 system. There is a concern with the format needed for the data with no clear direction from the provider. Testing will continue with plans to have the system operational very soon.
Jared also reported on the remodel of space to move the IT Department within the Courthouse. It is anticipated to be ready to move the servers over the Martin Luther King holiday to minimize disruption of service for data processing.
Scott Garrett reported that case filings by his office are increasing. To date approximately 1,500 cases, excluding traffic tickets, have been filed by the Attorney’s Office. This is an increase of 200 cases over 2007.
Lois Bulloch reported that she had met with Cedar City officials to discuss options for County participation in funding the aquatic center in Cedar City. The County will provide an annual appropriation from the Restaurant Tax until the commitment of $1,250,000 is met. The City has agreed to provide the same fee schedule for all users regardless of their address, making sure that County residents are not charged more than City residents.
Wayne Smith reported on a meeting he attended in Beaver County regarding water rights in Hamblin Valley and other areas of western Beaver County. The filing for water rights by Central Iron County Water Conservancy District has strained relationships with Beaver County Commissioners.
Commissioner Smith also reported that he had met with David Clark, Utah State House Speaker, regarding the Municipal Service Tax. Mr. Clark has looked over the process used by Iron County and found that it is in compliance with requirements of Utah State Code.
Reed Erickson reported that interviews for a replacement Planner have been conducted. There were several very good candidates and Five County AOG will make job offers and hiring.
PUBLIC HEARING 2009 FINAL BUDGET HEARING :
Wayne Smith made a motion to open a public hearing to review the proposed budget of Iron County being considered for adoption for calendar year 2009. Second by Alma Adams. Voting: Lois Bulloch, Aye; Wayne Smith, Aye; Alma Adams, Aye.
Lois Bulloch then explained the procedure and purpose of the hearing. Participants were requested to speak up so that all could hear and to state their name for the record.
Reed Erickson then explained the budget and the breakdown by category of each separate fund. He also explained why different items were placed under separate budgets in compliance with Government Accounting Standards.
Don Young questioned why the final budget was not made available earlier. The Commission explained that the preliminary budget was still undergoing changes and that the final budget as presented today was made available in completed form as soon as possible.
Mr. Young also questioned why the budget still contained provisions for additional employees being hired in the face of the downturn in the economy. The Commission responded that positions were being moved from contract employees and part time to full time positions. There are not additional positions being approved. Changes are in response to County growth and workload.
Mr. Young also questioned why PILT was not used entirely in the Municipal Service Fund which would result in the ability to reduce the Municipal Service Tax on the unincorporated area. Commissioner Bulloch responded that PILT is being used in compliance with Federal guidelines which allow for use for any County purpose. Mr. Young also suggested that the County look at transferring other fees into the Municipal Service Fund (MSF) to reduce the tax.
Wendell Shallenburger ask about transfers from the reserve fund. He explained that he could not see in past years where transfers had been made from the reserve fund to cover budget shortfalls. Reed Erickson explained that this is more semantics in that transfers have been made from fund balances, not a separate reserve fund.
Mr. Shallenberger also questioned why the road budget was included in the MSF and why appropriations were made from the MSF tax. Reed Erickson explained that the B and C road fund does not generate enough money to fund all of the requirements of the Road Department, therefore funding of maintenance inside subdivisions in the unincorporated areas are funded from the MSF.
Diane Roberson questioned why building permits were still being issued in unimproved subdivisions and on unimproved roads. Since this is not involved with the public hearing, this question was referred to staff to address at a later date.
Angela Illegible questioned where funding for the Cedar City aquatic center was in the budget. Commissioner Bulloch explained that it is included in the restaurant tax fund which is a specialized fund with limitation on uses. The aquatic center commitment will be paid out of an annual appropriation from that fund.
Don Young questioned why PILT was being used to fund other services besides fire, roads and Sheriff. The Commission responded that they are being used in compliance with guidelines.
Wendell Shallenburger stated that they were working with Senator Stowell to draft legislation to change the Municipal Service Tax Fund. No action was needed by the Commission on this comment.
After all comments were received, the Commission closed the public hearing at 10:55 a.m. on a motion by Alma Adams. Second by Wayne Smith. Voting: Lois Bulloch, Aye; Wayne Smith, Aye; Alma Adams, Aye.
The matter was tabled at this time and recalled at 1:30 p.m. for action. Recommendations and suggestions were considered including moving Parks and Recreation and the Natural Resource Department from the Municipal Service Fund to the General Fund and combining budgets for Woods Ranch and Three Peaks into a Parks and Recreation budget.
Alma Adams made a motion to adopt resolution 2008-11 approving the 2009 budget. Second by Wayne Smith.
RESOLUTION 2008-11
A RESOLUTION OF THE IRON COUNTY COMMISSION ADOPTING AND APPROVING THE 2009 BUDGET.
WHEREAS, Iron County is required by Utah State Law to adopt a budget (UCA 17-36-15) on or before the last day of each fiscal period, the governing body by resolution shall adopt the budget which, subject to further amendment, shall thereafter be in effect for the next fiscal period. A copy of the final budget, and of any subsequent amendment thereof, shall be certified by the budget officer and filed with the state auditor not later than 30 days after its adoption. A copy, similarly certified, shall be filed in the office of the budget officer for inspection by the public during business hours; and
WHEREAS, a tentative budget has been adopted and has been made available for inspection at the office of the County Auditor for at least ten (10) days prior to the public hearing; and
WHEREAS, December 22, 2008 at the hour of 10:00 a.m. in the Iron County Courthouse Commission Chambers has been designated as the time and place of a public hearing where all interested persons shall have an opportunity to be heard for or against the estimates of revenue and expenditures and performance data on any item in any fund; and
WHEREAS, notice of the public hearing has been published at least seven days before the hearing in one newspaper, Daily Spectrum, a newspaper of general circulation within the County; now therefore
BE IT RESOLVED by the Board of Iron County Commissioners that the budget as presented and filed in the Iron County Auditor’s Office is hereby adopted for calender year 2008.
BY ORDER OF the Board of Iron County Commissioners this 22nd day of December 2008.
Signed: Lois L. Bulloch, Chair
Attest:
David I. Yardley, County Clerk
Voting:
Wayne A. Smith Aye
Alma L. Adams Aye
Lois L. Bulloch Aye
PUBLIC HEARING 2008 BUDGET AMENDMENTS :
Alma Adams made a motion to open a public hearing to review amendments to the 2008 budget of Iron County. Second by Wayne Smith. Voting: Lois Bulloch, Aye; Wayne Smith, Aye; Alma Adams, Aye.
Gene Adams explained changes proposed in the 2008 budget to account for cost over runs for overtime in the Sheriff and Road Departments and for fuel expenditures due to higher than expected fuel costs during the year. There is also an adjustment for a payment from FEMA to cover flood control upgrades. There are additional transfers and expenditures approved in prior Commission meetings.
Reed Erickson explained that the proposed changes include a fund transfer from PILT to the MSF to cover revenue shortfall in this budget.
Don Young commented that by transferring funds from PILT to MSF that in future years a tax increase could be anticipated. The Commission responded that no tax increase in the MSF is proposed or anticipated.
After all comments were received, Alma Adams made a motion to close the public hearing. Second by Wayne Smith. Voting: Lois Bulloch, Aye; Wayne Smith, Aye; Alma Adams, Aye.
Alma Adams made a motion to adopt the Auditor’s recommendation and amend the 2008 budget and adopt Resolution 2008-10. Second by Wayne Smith.
RESOLUTION 2008-10
A RESOLUTION OF THE IRON COUNTY COMMISSION AUTHORIZING ADJUSTMENTS IN THE 2008 DEPARTMENT BUDGETS.
WHEREAS, Iron County Departments have requested adjustments to their budgets for 2008 to cover expenses incurred over time, increases in under budgeted areas, purchases of unbudgeted but approved equipment, and
WHEREAS, adjustments must be made to authorize unexpected or approved expenditures above those appropriated in the original budget, now therefore:
BE IT RESOLVED that the 2008 budget of Iron County is hereby amended to reflect changes in the adopted and approved 2008 budget to actual expenditures as calculated and filed in the office of the Iron County Auditor.
BY ORDER OF the Board of Iron County Commissioners this 22nd day of December, 2008.
Signed: Lois L. Bulloch, Chair
Attest:
David I. Yardley, County Clerk
Voting:
Wayne A. Smith Aye
Lois L. Bulloch Aye
Alma L. Adams Aye
Colette Eppley presented for approval the following new hires: Casey Collier as a part time Medical Tech at the jail; Preston Gilbert, EMT Basic, Erik Niederahuser, EMT Basic; Nina Biasi, EMT Basic; Betty Gould, EMT Basic; Manuael Hernandez, EMT Basic. Alma Adams made a motion to approve the new hires as presented. Second by Wayne Smith. Voting: Lois Bulloch, Aye; Alma Adams, Aye; Wayne Smith, Aye.
Colette also presented the following promotions or status changes: Jared Malone, On Call to Part Time EMT Intermediate; Quinn Campbell, On Call to Part Time Paramedic; Iosefa Robins, On Call to Part Time Paramedic and Rodney Cox, On Call to Part Time Paramedic. Alma Adams made a motion to approve the status changes as presented. Second by Wayne Smith. Voting: Lois Bulloch, Aye; Alma Adams, Aye; Wayne Smith, Aye
The Commission recalled from the previous meeting the retirement benefit issue of providing health insurance coverage for up to five years after a minimum of fifteen years of service to the County. Wayne Smith made a motion to change the date of the policy change to eliminate this benefit to January 1, 2009. Second by Alma Adams. Voting: Lois Bulloch, Aye; Alma Adams, Aye; Wayne Smith, Aye.
The Commission also recalled from a previous meeting the vacation accrual policy which allows employees to accrue no more than 320 hours of vacation that can be carried into a new year. The County Attorney reported that upon researching the matter, the County has allowed up to eight years to use excess vacation hours. As long as employees have not been restricted in the use, this is an acceptable policy. Alma Adams made a motion to enforce the policy as adopted in 2001 and amended in 2003. Second by Wayne Smith. Voting: Lois Bulloch, Aye; Alma Adams, Aye; Wayne Smith, Aye.
Colette Eppley presented a requested change in the County Personnel Policy Section 3 regarding Merit review and merit pay policy. The new policy authorizes a merit pay increase only upon the availability of funds in the budget and upon a favorable merit review. A full copy of the change is to be distributed to all employees. Alma Adams made a motion to approve the proposed changes in the County Personnel Policy. Second by Wayne Smith. Voting: Lois Bulloch, Aye; Alma Adams, Aye; Wayne Smith, Aye.
Christene Keene, Chief Deputy Auditor, presented for approval late applications for Veterans exemptions and Circuit Breaker tax abatements. She explained that under State code, the abatements can be approved at any time during the year. After explaining the exemption requests Wayne Smith made a motion to approve the tax abatements as presented. Second by Alma Adams. Voting: Lois Bulloch, Aye; Alma Adams, Aye; Wayne Smith, Aye.
Christene also presented a request for tax exemption submitted by the Dixie and Anne Leavitt Foundation for Parcel Serial Number B-1112-0002 purchased October 31, 2008. After the purchase, the Foundation has thirty days to request a tax exemption for the current year. Wayne Smith made a motion to approve a tax exemption for the Dixie and Ann Leavitt Foundation effective October 31, 2008 on Parcel Serial Number B-1112-0002. Second by Alma Adams. Voting: Lois Bulloch, Aye; Alma Adams, Aye; Wayne Smith, Aye.
Blaine Cox met with the Commission to present a request from Parowan City for non permanent take of prairie dogs for installation of a water system upgrade. He explained that the take would be of up to ten dogs. Wayne Smith made a motion to approve non permanent take of ten dogs for Parowan City as requested. Second by Alma Adams. Voting: Lois Bulloch, Aye; Alma Adams, Aye; Wayne Smith, Aye.
APPROVAL OF COMMISSION MEETING SCHEDULE FOR 2009 :
Alma Adams made a motion to approve the following meeting schedule for the County Commission meetings for 2009, noting that the December meetings will be held on the first and third Monday. Second by Wayne Smith. Voting: Lois Bulloch, Aye; Alma Adams, Aye; Wayne Smith, Aye.
PUBLIC NOTICE
2009 IRON COUNTY COMMISSION MEETING SCHEDULE
NOTICE IS HEREBY GIVEN that the regular Iron County Commission meetings for 2009 have been scheduled on the following dates:
January 12 January 26
February 9 February 23
March 9 March 23
April 13 April 27
May 11 May 26 (TUESDAY)
June 8 June 22
July 13 July 27
August 10 August 24
September 14 September 28
October 12 October 26
November 9 November 23
December 7
December 21 (Final Budget Hearing 10:00 A.M.)
Meetings will be held in the Iron County Commission Chambers, 68 South 100 East, Parowan, UT beginning at 9:00 A.M.
Persons or groups wishing to address the Commission must make an appointment with the Iron County Clerk by the Monday preceding the scheduled meeting. Agenda is closed at 5:00 p.m. Monday preceding scheduled meeting. No late agenda items will be accepted. All action items must be included on the agenda to be considered.
BOARD OF IRON COUNTY COMMISSIONERS
David I. Yardley
Iron County Clerk
COUNTY OFFICE CHRISTMAS EVE WORK HOURS :
Department Supervisors requested that County offices be closed on Christmas Eve to allow employees to be with family as has been approved in years past. The Commission authorized offices of non essential services to close on December 24 at 1:00 p.m. provided a contact number is posted for emergency contact on a motion by Alma Adams. Second by Wayne Smith. Voting: Lois Bulloch, Aye; Alma Adams, Aye; Wayne Smith, Aye.
BOOKMOBILE CONTRACT APPROVAL AND SIGNATURES :
Alma Adams made a motion to approve the 2009 Bookmobile contract with the State of Utah and authorize the Commission Chair to sign the contract. Second by Wayne Smith. 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 2:00 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