IRON COUNTY COMMISSION MEETING
April 13, 2009
Minutes of the Iron County Commission meeting convened at 9:00 a.m. April 13, 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
SYNOPSIS :
APPROVAL OF MINUTES March 23, 2009
ASSESSED VALUE ADJUSTMENT RECOMMENDATIONS
COMMUNITY DEVELOPMENT BLOCK GRANT PUBLIC HEARING
CONDITIONAL USE PERMIT NOTIFICATION
GRANT AWARD NOTIFICATION FOR RAED (DEFIBRILLATOR UNITS)
ORDINANCE 2009-1 VACATING 1400 NORTH MONTE VISTA ACRES UNIT 2
VACATE AND AMEND A ROAD EASEMENT AND AMEND SUBDIVISION PLAT
Those assembled were led in the pledge of allegiance by Lois Bulloch.
APPROVAL OF MINUTES March 23, 2009 :
Minutes of the Iron County Commission meeting held March 23, 2009 were approved as amended on a motion by Lois Bulloch. Second was by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
Kal Kahler reported on activities of the Central Iron County Water Conservancy District. The District received a feasibility study regarding a reservoir site on Urie Creek. The report showed the site is well suited to a reservoir with good bedrock foundation and no fault lines detected. The only drawback is the height of the required dam for the amount of water storage available.
Kal also reported that the CICWCD is considering ways to help Rainbow Meadows Ranchos install or develop an approved water system. Since the subdivision is located outside of the district boundaries they cannot directly develop the system. The County has indicated in meeting with residents that they would consider a Special Improvement Area to help with funding development over a period of time.
Reed Erickson reported that Cedar City is requesting the County to establish a trails plan to extend hiking and biking trails through Cedar Valley along Coal Creek drainage. The trails committee would also look at establishing links to the Three Peaks recreation area and Cedar mountain for use by ATV riders.
Reed also reported that at the final meeting of the East Iron County Transportation System steering committee a recommendation was made that the County establish a Rural Planning Organization (RPO) to study transportation issues. The RPO can receive federal and state funding to help defray costs.
Reed discussed a plan being pushed by Brian Head and Cedar City to participate in a sustainable resource (recycling) program. The County needs to determine if there are locations in the County that could participate in the program.
Michael Edwards requested comments on the proposed reverse 911 agreement. He explained that Charlie Morris had requested that liability and late fee language be removed. The Commission requested that this language be added back in. The Commission also recommended that equipment maintenance and service language be added to the agreement.
ASSESSED VALUE ADJUSTMENT RECOMMENDATIONS :
Dennis Ayers, Iron County Assessor, came before the Commission to request a decision regarding an erroneous assessment on Lot 42, Legacy Estates Subdivision, Phase 2; Sec 12, T35S, R11W, SLM, Account # 466687. He explained that the Assessor’s office has discovered that this lot is a water catchment area and not a buildable lot. In the past it has been the practice to make adjustments for the previous five years upon discovery of a County error. Total adjustment would be $1,716.47 in excess tax collected.
Dennis also reported that the home located on Lot 63, Trails West Subdivision, Phase IV, Account # 406485 has been assessed on significantly higher square footage than actually exists.
Lois Bulloch made a motion to approve correcting County errors in assessment values on the two properties for the previous five years. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
CONDITIONAL USE PERMIT NOTIFICATION :
Chad Nay, Iron County Zoning Administrator reported that a group has requested a conditional use permit for a surface mine located in Section 36, Township 32 South, Range 6 West, SLB&M, adjacent to the Iron County and Garfield County Line. After reviewing the CUP, the Commission recommended that Garfield County be notified of the request and to ask if they have concerns with the conditions recommended by the Iron County Planning Commission.
Jennifer Hunter, representing Southern Utah University reported on scheduled activities for Earth Day at the campus. These included use of earth friendly products, recycling of plastics, glass and paper products and other activities. She invited the Commission and the public to attend the activity.
Stephanie Summers, a Success Academy student, presented her Science Fair project on waste at a landfill versus waste recycled. She explained that by recycling all renewable resources, the landfill volume could be reduced dramatically and the resources to manufacture glass, plastic, and paper products could be reduced accordingly. She will be participating in Earth Day activities at SUU explaining and demonstrating recycling techniques.
Colette Eppley presented position justification and workforce assessment approval recommendations for a part time seasonal weed/pest control specialist, a part time culinary worker position at the jail to replace a current vacant position, and a part time seasonal position as a Tourism/Convention specialist. All of the positions have received a favorable recommendation from Human Resources and Reed Erickson. Lois Bulloch made a motion to approve the position justifications and workforce assessments as presented. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
Colette presented for approval Phillip White as a new hire as a seasonal part time weed and pest control specialist. Mr. White worked last summer as the seasonal worker in weed control. Lois Bulloch made a motion to approve the hiring of Phillip White as recommended. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
Colette also presented for approval a volunteer at the Visitor Center. Stevan Payne is a booth volunteer at the Center. Wayne Smith made a motion to approve Stevan Payne as recommended. Second by Lois Bulloch. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
Colette Eppley also made a presentation of an employee innovation award program. The proposed program would reward employees that submitted innovative ideas or procedures that benefit the County. She suggested that it could be named the “Prairie Dog Award” for a doggone good idea.
Craig Spitler suggested that the County not use tax dollars to fund this type of award. He suggested that the County contact local businesses for donations of prizes.
After reviewing the program, Wayne Smith made a motion to table action to allow for additional study of the program. Second by Lois Bulloch. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
VACATE AND AMEND A ROAD EASEMENT AND AMEND SUBDIVISION PLAT :
A request to vacate a road 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 was recalled for action. Chad Nay reported that at the last Commission meeting three areas of concern were brought up. First, a utility easement for maintenance of the existing water system in Monte Vista Unit 2 was added to the proposed plat. Second, the street address was corrected on the plat to read 6525 West. Third, the zoning was reviewed and the lots that will be impacted are currently zoned R-1. There is a commercial zone nearby but it is located outside of the subdivision boundary.
Findings by the Commission included:
1. The proposed vacation of 1400 North would not materially affect any individual or property owner.
2. The proposed realignment of 6525 West, Navajo Trail, would provide enhanced safety to access Iron Springs Road.
3. Existing infrastructure has been protected with appropriate rights of way.
4. It is in the best public interest to provide a safe access to Iron Springs Road.
5. By adding the vacated road to Lot 1 Monte Vista Acres Unit 5 it maintains appropriate lot size consistent with current zoning.
After reviewing the proposed roadway change, Wayne Smith made a motion to approve vacating 1400 North 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. Second by Lois Bulloch. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
ORDINANCE 2009-1 VACATING 1400 NORTH MONTE VISTA ACRES UNIT 2:
IRON COUNTY
ORDINANCE 2009-1
AN ORDINANCE OF IRON COUNTY AMENDING THE ORIGINAL PLAT OF MONTE VISTA ACRES UNIT 5 SUBDIVISION FILED OCTOBER 24, 1972 AND VACATING 1400 NORTH (PORTION OF NAVAJO TRAIL) MONTE VISTA ACRES UNIT 2 FILED SEPTEMBER 12, 1968.
WHEREAS, this matter came before the Board of County Commissioners of Iron County, Utah upon written application to vacate 1400 North (Portion of Navajo Trail) Monte Vista Acres Unit 2 Subdivision which was filed on September 12, 1968 as entry number 150298 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 1400 North (Portion of Navajo Trail) Monte Vista Acres Unit 2 Subdivision;
NOW THEREFORE, BE IT ORDAINED BY THE COUNTY LEGISLATIVE BODY OF IRON COUNTY, UTAH AS FOLLOWS:
SECTION 1.
1. 1400 North (Portion of Navajo Trail) Monte Vista Acres Unit 2 Subdivision filed on September 12, 1968 as entry number 150298 of the Official Records of the Iron County Recorder is hereby vacated, and
2. The parcel created shall be approved to be added to Lots 1, 2, and 13, Block L, Monte Vista Acres Unit 5 as recorded October 24, 1972 as entry number 165417
as amended by Iron County Ordinance 2009-1 as adopted on the 13th day of April 2009 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. 2009-1 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 13th day of April , 2009.
BOARD OF COUNTY COMMISSIONERS
IRON COUNTY, UTAH
By:
Alma L. Adams, Commission Chairman
ATTEST:
David I. Yardley,
County Clerk
VOTING:
Alma L. Adams Aye
Lois L. Bulloch Aye
Wayne A. Smith Aye
COMMUNITY DEVELOPMENT BLOCK GRANT PUBLIC HEARING :
Wayne Smith made a motion to open a public hearing to discuss the project determined to be applied for in the CDBG Small Cities Program in Program year 2009-2010. The project being considered is the purchase of two meals on wheels vehicles for use in the meals on wheels program within Iron County administered through the Iron County Council on Aging. Second by Lois Bulloch. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
Commissioner Alma Adams then opened the second public hearing at 1:30 p.m. for the CDBG program. Commissioner Adams stated that this hearing is being called to allow all citizens to provide input concerning the project which was applied for under the 2009-2010 Community Development Block Grant Program. The county has included the purchase of meals on wheels vehicles in their capital investment plan and decided to apply for funds on behalf of the Iron County Council on Aging to purchase two four wheel drive meals on wheels vehicles. The Commissioner introduced Connie Lloyd from the Iron County Council on Aging. The Commissioner explained that the application was successful in the regional rating and ranking process. Grant amount applied for was $62,560 for 2009/2010.
The Commissioner then asked for any comments, questions and concerns from the audience.
Craig Spitler asked what CDBG stood for and where the funds were coming from. David Yardley explained that CDBG is short for Community Development Block Grant and that funds are allocated from the Federal Government under Title I of the Housing and Community Development Act of 1974 as amended. Locally funds are administered through the State of Utah, Department of Community and Economic Development. Funds are to be used to benefit low to moderate income projects. The Senior Citizens qualify as a targeted group under CDBG guidelines.
The Commissioner stated that copies of the capital investment plan are available if anyone would like a copy. There were no more comments and the hearing was adjourned at 1:45 p.m.
Blaine Cox met with the Commission to explain two requests for non permanent take of prairie dogs. Dennis Johnson of South Central Telephone has requested 7 prairie dogs for installation of a fiber optic cable on 2400 in Cedar Valley and Qwest Telephone has requested 10 prairie dogs on Cross Hollow Drive and SR 56 to install a telephone cable. Lois Bulloch made a motion to approve the take requests of South Central Telephone and Qwest. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
Blaine Cox reported that spring counts appear to be up this year which will help in take numbers in the future. He also reported that 45 permanent take prairie dogs allocated in January have been returned. A mitigation distribution meeting will be scheduled for a May Commission meeting.
Council on Aging: Lois Bulloch made a motion to reappoint Doug Maxwell, Roy P.”Pug” Urie and Maree Prince to a new term on the Council on Aging as recommended by the COA. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
Central Iron County Water Conservancy Board: Wayne Smith made a motion to appoint Laurence Ashdown to fill the unexpired term of Ron Chandler. Second by Lois Bulloch. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
Board of Adjustments: Lois Bulloch made a motion to appoint Jay Adams to a term on the Board of Adjustments to replace David Millett. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
GRANT AWARD NOTIFICATION FOR RAED (DEFIBRILLATOR UNITS) :
Colette Eppley reported that the State has sent notification that Iron County has been awarded a grant for the purchase of up to eight defibrillator units. The units would be placed in County facilities such as the Courthouse, Roads, Landfill, Jail etc. One of the requirements is that County personnel would be required to be trained in their use.
Lois Bulloch made a motion to approve and accept the grant to purchase up to eight defibrillator units and place them in County facilities upon proper training of employees. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
The meeting was adjourned at 1:45 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