IRON COUNTY COMMISSION MEETING
March 23, 2009
Minutes of the Iron County Commission meeting convened at 9:00 a.m. March 23, 2009 in Commission Chambers at the Iron County Courthouse, Parowan, Utah.
Officers in attendance included:
Alma L. Adams Commission Chair
Wayne A. Smith Commissioner
Lois L. Bulloch Commissioner
Michael Edwards Deputy County Attorney
David I. Yardley County Clerk
Reed Erickson County Administrator
Also Present:
H. Eugene Adams County Auditor
Dennis W. Ayers County Assessor
Deborah B. Johnson County Recorder
Geraldine S. Norwood County Treasurer
Mark O. Gower County Sheriff
Margaret Miller Justice Court Judge
SYNOPSIS :
APPROVAL OF MINUTES March 9, 2009
BID OPENING WEED MOWER TRACTOR
CEDAR CITY AQUATIC CENTER FUNDING AGREEMENT
MEETING OF RESTAURANT TAX BOARD FOR FUNDING REQUEST
NOTICE OF CEDAR CITY ANNEXATIONS 1 2
PUBLIC HEARING VACATE AND AMEND ROAD EASEMENT
Those assembled were led in the pledge of allegiance by Reed Erickson.
APPROVAL OF MINUTES March 9, 2009 :
Minutes of the Iron County Commission meeting held March 9, 2009 were approved on a motion by Lois Bulloch. Second was by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
Debbie Johnson reported that trust deed default filings are increasing which reflects the national and local economic problems.
Margaret Miller reported that the economy is also showing in the ability of people to pay fines from traffic tickets. She also reported that she continues to have concerns with the merchant fee being charged against credit card payments. She explained that currently there is not a way to attach it to the fines being assessed.
Gene Adams reported that the Auditor’s office is preparing for the independent auditor to start their work. They have requested some material and should be on site within the next two to three weeks.
Jared Wilson reported that the IT Department has completed their move into the offices in the basement of the Courthouse. It has become apparent that there is a number of computers and equipment that is unusable and outdated that needs to be disposed of. They are looking into ways to either recycle or dispose of the old equipment.
Reed Erickson reported that the County has created a Public Relations Specialist position and now the County needs ideas on how to utilize the position. It was suggested that the position be involved in letting the public know of County operations and projects.
Reed also reported that Rainbow Meadow Ranchos Subdivision owner’s association is requesting the County to sponsor their request to upgrade their water system. The subdivision is outside of the water conservancy district and therefore creates problems for the district to provide improvements. Issues of concern are water sources which have not been adequately developed and a distribution system that is buried and provides adequate flow rates.
Mark Gower asked if the County had anyone that researched grant availability and filled out applications. He explained that there was stimulus money available if grants were applied for and tracked. The Commission explained that currently there is no one assigned to track grants for the County. It is left to individual Departments to secure grants that will benefit their area.
Mark also reported that the Legislature cut jail reimbursement funding as part of a money saving strategy. This places the burden of funding State prisoners in County jails at County expense.
David Yardley reported that the Legislature passed and the Governor signed H.B. 198 which allows couples applying for a marriage license to pay an additional $10.00 fee to be forwarded to the State for use in funding domestic violence shelters.
Lois Bulloch reported that the State parks located in our area are doing well. Use is up at all of the five parks and the vision and mission of the Iron Mission State park is being evaluated to see if a name change would enhance the use of the park.
Alma Adams reported that he attended the ribbon cutting for a wind turbine at Three Peaks Elementary school. This is the first commercial size wind generator in the County and will be used to help provide electricity to the school.
PUBLIC HEARING VACATE AND AMEND ROAD EASEMENT :
Lois Bulloch made a motion to open a public hearing to receive comments on a proposal to vacate and amend road easement and amend subdivision plat for Monte Vista Acres Units 2 and 5. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
Chad Nay presented the proposal to vacate the roadway between lots 37 and 62 Monte Vista Acres Unit 2 and lot 1 Monte Vista Acres Unit 5 in Section 3, Township 36 S, Range 12 W, SLB&M. 6550 West will then be relocated and extended to eliminate a right angle curve and align at a better sight angle to Iron Spring road. Lot 1, Monte Vista Acres Unit 5 will donate the road width in exchange for the road way being vacated.
David Yardley reported that the proposed vacate and amend notice has been published for four consecutive weeks in the Spectrum/Daily News and a notice has been mailed by first class mail to all property owners of record in Monte Vista Acres Units 2 and 5.
Thomas Cartwright commented that the roadway proposed to be vacated contains a water main for the Mountain View Special Service Area which serves Monte Vista Unit 2. It is also currently used to access the rear of his and his neighbor’s yards for maintenance work. He also expressed concern that Lot 1 of Unit 5 may be zoned commercial which could put a commercial business against his property line. Mr. Cartwright also said there appears to be a survey discrepancy between the two subdivisions that needs to be cleared up before the road is vacated.
Charles Milby, Mountain View water system supervisor, expressed concern with abandoning the roadway where their water main is located. There is also a concern with future maintenance issues on the water line if the roadway is abandoned and the property allowed to develop as a commercial site.
Chad Nay reported that there appears to be a problem with the numbering system on the plat. The street to be amended shows 6550 West and it appears it should be 6525.
Betty Walker presented a petition with 44 signatures opposed to the change along with a note that Kathryn Kaiser and Kirsten Barr have submitted letters in opposition to the proposed change. She reported that the principal concern was with moving an existing used road and with not providing access to existing water system improvements. She also explained that it was an understanding that the zoning was changed on the lots fronting Iron Springs Road in Unit 5.
After all public comments were received, Lois Bulloch made a motion to close the public hearing and to table action on the request to allow appropriate County Departments to research whether the lots in Unit 5 have been zoned Commercial, whether the street address on the proposed amended plat is 6525 or 6550 West; and if provisions have been made on the plat to reserve sufficient utility easement for existing water lines. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
The matter will be placed on the next agenda for final action.
MEETING OF RESTAURANT TAX BOARD FOR FUNDING REQUEST :
Lois Bulloch made a motion to adjourn as a Commission Meeting and convene as a Restaurant Tax Board to act on funding requests from Cedar City Chamber of Commerce Shop Local Program and Dixie National Forest. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye; Maria Twitchell, Aye; Rusty Aiken, Aye.
With the following board members present, Alma Adams, Wayne Smith, Lois Bulloch, Maria Twitchell and Rusty Aiken, Maria Twitchell, Tourism Director presented a request from Cedar City Chamber of Commerce to fund a “Shop Local” campaign aimed at having residents from Iron County and surrounding areas including Beaver, Garfield and Lincoln Counties to shop in Iron County instead of going to Washington County to shop.
Alma Adams questioned why the application is being presented out of the regular budget process. Rusty Aiken responded that it is the intention to spur local sales with immediate response.
Michael Edwards questioned if this is a legitimate use of the funds as approved in Utah Code. It was determined that the Chamber must present expenditure information showing where the Restaurant Tax Funds are used in surrounding Counties. The funds may not be used for local advertising of the campaign.
Wayne Smith made a motion to approve the expenditure of $5,000 for the Shop Local campaign of the Cedar City Chamber of Commerce with a stipulation that the funds are used in accordance with Utah Code modified to reflect that funds must be used to stimulate tourism. Second by Lois Bulloch. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye; Maria Twitchell, Aye; Rusty Aiken, Aye.
Maria also presented a request from Dixie National Forest for funding of a snowmobile and groomer to be used for grooming cross country ski trails in Deer Valley. The total amount of the request is $15,661. The Forest Service would maintain and operate the equipment in the non motorized area.
The Board questioned if this equipment would be dedicated to this project or would it be used for other projects. It was also noted that the area is adjacent to Kane County and the equipment would be used in adjacent Counties.
Lois Bulloch made a motion to approve $7,500 for this project contingent on getting additional funding from other sources and that the equipment is purchased during this budget year. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye; Maria Twitchell, Aye; Rusty Aiken, Aye.
At the conclusion of these items, the Restaurant Tax Board adjourned and the County Commission re convened.
BID OPENING WEED MOWER TRACTOR :
Bids were opened for a Road Department weed mower tractor as advertised. Bids were received with an included bid for a trade in of the current tractor.
Crossroads Equipment $58,875.00 for John Deere
Overson Farm Equipment Option # 1 $61,573.00 for Case International
Option # 2 $56,451.00 for Case International
Wheeler Machinery $45,000.00 for Challenger
Lois Bulloch made a motion to accept the bids and to refer them to the Road Supervisor and Commissioner Smith to review the bids to determine if all bids meet the specs. The motion authorized the awarding of the bid to the firm closest meeting all of the specs and the lowest price. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
Colette Eppley presented for approval a request for a promotion for Betty Gould from EMT Basic to EMT Intermediate. Wayne Smith made a motion to approve the promotion. Second by Lois Bulloch. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
Colette also presented a proposed status change for Alan Wade from Landfill Supervisor to Landfill Technician. Wayne Smith made a motion to approve the status change as presented. Second by Lois Bulloch. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
Position justification and workforce assessment approval for Fair Secretary as a part time seasonal employee was approved on a motion by Lois Bulloch. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
Position justification and workforce assessment approval for the Landfill Supervisor position was approved on a motion by Lois Bulloch. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
Reed Erickson presented a draft County Workforce Policy which will be distributed to County Departments for comments upon approval of the Commission. Lois Bulloch made a motion to distribute the policy for comments. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
Colette also presented a request for interim pay for K C Fiack as acting Landfill Supervisor for the time he serves in this position. Pay would be an additional $125.00 per week. Lois Bulloch made a motion to approve the interim pay as requested. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
Craig Spitler commented that a group has held an organizational meeting which has adopted the name ICAT as a tax watchdog group. He suggested that the County could call on this group to lobby the Legislature regarding proposed cuts in jail funding and other issues.
Tax Appeal Board: Lois Bulloch made a motion to appoint Steve Decker to a term on the Tax Appeal Board. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
NOTICE OF BUILDING APPRAISALS :
David Yardley reported that the Utah Counties Insurance Pool (UCIP) have hired an appraisal firm to conduct appraisals of all County owned buildings for insurance purposes. The appraisers will be in Iron County on March 25, 26, and 27 to conduct the appraisals. TV buildings will be appraised at a later date when they are accessible.
Gene Adams reported to the Commission that funds dedicated to coyote bounty have been expended and he suggested that the program be canceled for the foreseeable future. He also reported that funding for helicopter flight has been expended. Wayne Smith made a motion to terminate the bounty on coyotes and to cancel helicopter flights until funds are available. The County will pay the bounty’s already submitted and when 2010 funds are available. Second by Lois Bulloch. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
NOTIFICATION OF WATER PROJECT :
The County received notification from the State that the Paragonah Canal Company has received funding to improve the spillway and storage capacity of Red Creek Reservoir. The work should commence during the summer season.
NOTICE OF CEDAR CITY ANNEXATIONS :
Cedar City has notified the County of petitions to annex two parcels. The first is located in Thorley Ranch Estates Unit B and the second is located adjacent to 3000 North and West of the bowling alley. The Commission reviewed the proposed annexations and Lois Bulloch made a motion not to oppose the annexations. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
Alma Adams reported that he met with Cedar City Fire personnel, Paul Irons and Lenore Warby regarding the County Fire SOP. Cedar City is unhappy with the Hold Harmless clause which indemnifies the County for actions by the Fire Departments and the non payment clause included in the SOP. They are requesting that the County remove a hold harmless clause for all actions of Cedar City, the CCFD and firefighters. The matter will be discussed further with the County Attorney and Cedar City Attorney.
CEDAR CITY AQUATIC CENTER FUNDING AGREEMENT :
Reed Erickson reviewed commitments made by Iron County Commissioners in funding a portion of the Cedar City Aquatic Center. The Commission agreed to fund up to $1,250,000 in payments from the restaurant tax fund over a period of time. At no time did the Commission agree to bond or borrow funds to help in construction so that the County was obligated to pay out of general fund proceeds. The Commission agreed to fund a portion up front from fund surplus and pay the remainder over time.
Cedar City is requesting that the County bond for the funds up front to help with construction and to have a clause that the County would then deed the property back to the city when the bond is paid off. The Commission rejected this idea.
ADJOURN :
The meeting was adjourned at 2:00 p.m. on a motion by Lois Bulloch. Second was by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
Signed: Alma L. Adams, Chairman
Attest: David I. Yardley
County Clerk