IRON COUNTY COMMISSION MEETING
March 9, 2009
Minutes of the Iron County Commission meeting convened at 9:00 a.m. March 9, 2009 in Commission Chambers at the Iron County Courthouse, Parowan, Utah.
Officers in attendance included:
Alma L. Adams Commission Chair
Lois L. Bulloch Commissioner
Scott F. Garrett County Attorney
David I. Yardley County Clerk
Reed Erickson County Administrator
Absent:
Wayne A. Smith Commissioner
SYNOPSIS :
2008 CLASS “B” ROAD UPDATE AND APPROVAL
APPROVAL OF MINUTES February 23, 2009
BRIAN HEAD TOWN ANNEXATION NOTIFICATION
DECLARATION OF SRS FUNDING TO SSD # 3 FOR ROADS
ORDINANCE 2008-11 RESTAURANT TAX
TAX ABATEMENT REQUEST SOUTHWEST APPLIED TECH CENTER
Those assembled were led in the pledge of allegiance by Kal Kahler.
APPROVAL OF MINUTES February 23, 2009 :
Minutes of the Iron County Commission meeting held February 23, 2009 were approved as amended on a motion by Lois Bulloch. Second was by Alma Adams. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Absent.
Alma Adams noted that Wayne Smith was absent and excused today because he is attending the National Association of Counties Legislative Conference in Washington DC.
Kal Kahler reported that he has attended three meetings of the CICWCD. He also reported that SUU is moving ahead on a study of the recharge of the Cedar Valley Aquifer from Coal Creek.
Reed Erickson reported that residents from Rainbow Meadows Ranchos near Brian Head are meeting Thursday with the Water Conservancy District to explore the procedure for Iron County or the Water Conservancy District to install and maintain a culinary water system within the subdivision. The meeting will be held at the conference room in the Justice Center.
Reed also reported that a group has requested permission to serve alcohol at a reception at the Visitor Center. It has been the policy of the County to not allow alcohol to be served in County facilities except at the Fair and with a special permit. Mike Edwards was requested to draft a policy for consideration which would describe circumstances under which alcohol could be available at an event.
2008 CLASS “B” ROAD UPDATE AND APPROVAL :
Iron County Engineer, Steve Platt, reviewed with the Commission a map showing updates to the Class B road system for 2009. He reported an increase of ten miles of maintained paved road bringing this total to 223.28 miles. Maintained gravel roads are listed at 457.28 miles and maintained dirt roads are listed at 304.48 miles. Lois Bulloch made a motion to approve the road designation and mileage as presented. Second by Alma Adams. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Absent.
ORDINANCE 2008-11 RESTAURANT TAX :
David Yardley reported that an annual renewal of the Restaurant Tax Ordinance has not been adopted for 2009 whereupon Lois Bulloch made a motion to adopt Ordinance 2008-11 effective October 1, 2008 to continue the Restaurant Tax. Second by Alma Adams.
IRON COUNTY, UTAH
ORDINANCE NO. 2008-11
AN ORDINANCE IMPOSING A TOURISM, RECREATION,
CULTURAL, AND CONVENTION TAX AND PROVIDING FOR
COLLECTION THEREOF
As authorized by the provisions of Utah Code Annotated, Title 59, Chapter 12, Section 601, et seq., (59-12-603 (5a) the County Legislative Body of Iron County, Utah Ordains as follows:
1. PURPOSE: This ordinance is enacted to provide a source of revenue specifically for financing, in whole or in part, the development, operation, and maintenance of tourism, recreation, cultural, and convention facilities within Iron County. The provisions of this ordinance shall be interpreted and construed to accomplish such purpose.
2. DEFINITIONS: As used in this ordinance:
(1) "Convention Facility" means any publicly owned or operated convention center, sports arena, or other facility used primarily for public or private conventions, conferences, events, and other gatherings.
(2) "Recreational facility" or "tourism facility" means any publicly owned or operated park, campground, marina, golf course, water park, historic park, monument, planetarium, zoo, bicycle trail, or other recreation or tourism-related structure or facility.
(3) "Cultural facility" means an publicly owned or operated museum, theater, art center, music hall, or other similar facility.
(4) "Restaurant" means any facility where food is prepared for immediate service and consumption including, but not limited to, coffee shops, cafeterias, restaurants, luncheonettes, soda fountains, fast food service outlets, and all other similar facilities, but does not include retail establishments whose primary business or function is the sale of fuel and/or food items for off-premise consumption.
3. IMPOSITION OF TAX AND AMOUNT OF TAX: There are hereby levied tourism, recreation, cultural, and convention taxes as follows:
One percent (1%) on all restaurant sales of food and beverages made within Iron County or within any city or town located within Iron County.
4. USE OF REVENUES: The revenues received from the taxes herein levied shall be used solely for financing, in whole or in part, tourism promotion or the development, operation, and maintenance of tourism, recreation, cultural, and convention facilities, and for no other purpose.
5. COLLECTION: Taxes imposed under this ordinance shall be levied and collected at the same time and in the same manner as provided for general sales taxes in Utah Code Annotated, Section 59-12-201, et seq., except that the revenue derived shall not be subject to the distribution provisions of Utah Code Annotated, Section 56-12-205 (2).
6. LICENSE REQUIRED: All persons, companies, corporations, or other similar persons or organization required under the terms of this ordinance to collect the taxes imposed herein shall obtain from the State Tax Commission a Tourism, Recreation, Cultural, and Convention Tax License. No additional license is required if said persons, company, group, corporation, or organization has obtained a license pursuant to the provisions of Utah Code Annotated, Section 59-12-106.
7. PENALTIES: Any person, company, corporation, or other organization subject to the terms of this act which shall fail to obtain the required license or fail to collect the tax imposed by this ordinance shall be guilty of a class B misdemeanor.
8. EFFECTIVE DATE: This ordinance shall become effective upon the 1st day of October , 2008.
APPROVED, ADOPTED, and PASSED by the Iron County Board of Commissioners this 9th day of March , 2009.
IRON COUNTY BOARD OF COMMISSIONERS:
Alma L. Adams, Chairman
Iron County Commission
ATTEST:
David I. Yardley
Iron County Clerk
Voting:
Wayne A. Smith Absent
Lois L. Bulloch Aye
Alma L. Adams Aye
TAX ABATEMENT REQUEST SOUTHWEST APPLIED TECH CENTER :
Geri Norwood presented a request to abate taxes from July 14 to December 31, 2007 for Southwest Applied Technology Center. She explained that former managers failed to apply for the requested relief in a timely manner. New management recognized the oversite and requested the tax relief. Scott Garrett reported that the abatement is allowed under Utah Code and is similar to relief granted to SUU in previous requests.
Lois Bulloch made a motion to approve the tax relief requested on parcels B-1135-0093-0000; B-1151-0005-0000; and B-1135-0094-0000 as requested. Total abatement $3,024.46. Second by Alma Adams. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Absent.
Colette Eppley presented for approval Adam Kavalunas and Cassondra Swisher as Prairie Dog Technicians for 2009. These are full time seasonal positions. Lois Bulloch made a motion to approve the hiring as presented. Second by Alma Adams. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Absent.
Colette also presented for approval the following promotions: Todd Gale from EMT-Basic to EMT-Intermediate; Aubrey McDonough from EMT-Basic to EMT-Intermediate; and Nick Wittwer from on call Paramedic to Paramedic Supervisor. Lois Bulloch made a motion to approve the promotions as presented. Second by Alma Adams. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Absent.
Colette presented for approval a grade change for the EMT-Supervisor position from Grade 18 to Grade 20. A position justification and workforce assessment of the position has been completed which indicate the grade change is warranted. Lois Bulloch made a motion to approve the grade change as presented. Second by Alma Adams. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Absent.
Colette presented a position justification and workforce assessment approval request for a part time assistant cook in the Parowan Senior Citizen Center. Reed Erickson reported favorably for the position and recommended that the Commission authorize advertising of the opening. Lois Bulloch made a motion to approve the position justification as requested and to authorize the advertisement and filling of the position. Second by Alma Adams. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Absent.
Colette presented position descriptions for the following Departments: IT, Computer Systems Specialist I; Recorder, Office Manager; Tourism, Public Relations Specialist; Landfill, Scale Operator; Ambulance, EMT Supervisor and Paramedic Supervisor. Lois Bulloch made a motion to approve the position descriptions as presented. Second by Alma Adams. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Absent.
Christene Keene presented a list of Religious, Charitable, and Educational Tax Exemption applications for 2009. The following new requests were reviewed:
Cedar Housing Authority on parcel numbers B-1803-0023 and B-1803-0024.
Christ the King Catholic Church on 2008 RAV.
Church of Christ on parcel number B-1135-0079.
T.U.R.N. on 2000 Ford Windstar, 2003 Goshen Bus Paver II, 1997 Ford Supreme Candidate, and 2005 Chevrolet Express Van.
Cedar City Four Square Church on parcels B-1606-0001, B-1606-0002, B-1606-0003, B-1606-0010 and B1606-0011.
Dixie and Anne Leavitt Foundation on parcels B-0637-0001, B0639-0001-0640-641, B-0642-0000, B-0643-0000, and B-1118-0008.
Cedar City Four Square Church also applied for an exemption on Parcel E-843-0002-0001-620 which is vacant land and does not qualify for an exemption.
Lois Bulloch made a motion to approve the requests for Religious, Charitable, and Educational tax exemptions except for the parcel of the Cedar City Four Square Church which does not qualify. Second by Alma Adams. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Absent.
Reed Erickson reported that a draft HCP has been received for review. This will be submitted to Garfield, Piute, and Wayne County Commissioners for review. Reed will set up a meeting with participating entities to discuss the draft document.
Tyler Wangsgard, representing Rocky Mountain Power requested non permanent take of nine (9) prairie dogs to install a fiber optic cable to their headquarters facility on Kitty Hawk Drive from Airport Road. Lois Bulloch made a motion to approve the non permanent take up to nine (9) dogs as requested. Second by Alma Adams. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Absent. Blaine Cox will conduct a study to determine the exact number of take required.
Interlinx has also requested up to ten (10) dogs of non permanent take on Cross Hollow Road to install a fiber optic cable. Lois Bulloch made a motion to approve the non permanent take of up to ten (10) dogs as requested. Second by Alma Adams. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Absent.
Board appointments were discussed for Board of Adjustments, Tax Appeal Board, Planning Commission and Central Iron County Water Conservancy District. Because prospective applicants have not been contacted for approval, no action was taken at this time.
BRIAN HEAD TOWN ANNEXATION NOTIFICATION :
David Yardley reported that the County has received a notice from Brian Head Town that an application for annexation of Lot 12, Brian Head Unit 3 Subdivision. Property owners within the subdivision have been notified and to this time no protests have been received by the County.
Lois Bulloch made a motion not to oppose the annexation as noticed. Second by Alma Adams. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Absent.
DECLARATION OF SRS FUNDING TO SSD # 3 FOR ROADS :
Reed Erickson presented Resolution 2009-1 for approval. He explained that the purpose of designating a different agency to receive Title I monies from the Secure Rural Schools funding is to prevent the distribution from impacting PILT payments in 2010. Iron County SSD # 3 is eligible to receive and expend the funds in compliance with Utah Code. Lois Bulloch made a motion to adopt Resolution 2009-1 as presented. Second by Alma Adams.
RESOLUTION NO. 2009-1
A RESOLUTION DESIGNATING IRON COUNTY SPECIAL SERVICE DISTRICT NUMBER 3 AS THE RECIPIENT OF SECURE RURAL SCHOOLS FUNDS
WHEREAS, Iron County Special Service District #3 is a validly existing special service district under Title 17D, Chapter 1; and
WHEREAS, one of the functions of Iron County Special Service District #3 is constructing, improving, repairing, and/or maintaining public roads.
NOW, THEREFORE, at a regular meeting of the Iron County Commission, the legislative body of Iron County, Utah, duly called, noticed, and held on the 9th day of March, 2009, upon motion duly made and seconded, it is unanimously:
RESOLVED that the Iron County Special Service District #3 is designated as the recipient of Secure Rural Schools funds.
BY ORDER OF the Board of Iron County Commissioners this 9th day of March 2009.
Signed: Alma L. Adams, Chair
Attest:
David I. Yardley, County Clerk
Voting:
Wayne A. Smith Absent
Lois L. Bulloch Aye
Alma L. Adams Aye
The meeting was adjourned at 11:55 a.m. on a motion by Lois Bulloch. Second was by Alma Adams. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Absent.
Signed: Alma L. Adams, Chairman
Attest: David I. Yardley
County Clerk