Minutes of the Iron County Commission meeting held May 26, 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.

ELECTED OFFICIALS REPORTS :

Kal Kahler reported on the CICWCD meeting in which a report was received stating that the use of water by geothermal electrical generation facilities is not significant. The water used is not potable and therefore not suitable for human consumption.

Kal also reported that a significant subsidence area is located near Enoch. Reasons for the subsidence are being studied to determine how significant the problem is.

Reed Erickson reported that Sumner Swanner from Senator Bennett’s office will be visiting Iron County in an attempt to accommodate the prairie dog and provide open space in the County. He will be at the trails meeting on June 23.

David Yardley reported that municipal elections will be held this year. Filing for office will occur in July. Each municipality will be electing a mayor and two members of the city council.

Wayne Smith reported that he met with Tyler Owens with Senator Bennett’s office in Washington DC regarding the prairie dog problems. Work is ongoing in getting funding and finding a solution to the problem in private land within Iron County.

Lois Bulloch reported on issues involving the Three Peaks Recreation area including extending a water line to the camp ground, development and distribution of information brochure and shooting range grant fund tracking.

She also reported that public comments regarding pine beetle damage on Cedar mountain are due in Washington this week. This matter was referred to Mike Worthen to draft a comment.

Alma Adams reported that he attended a tour of the “First Wind” electrical generating grid being constructed in Beaver County. The grid will consist of 97 generators upon build out. Generated power will be transferred to the IPP plant near Delta to place on their transmission line for transfer to markets in California.

CERTIFICATION OF TAX SALE RESULTS :

Christene Lowder presented results of the annual tax sale held May 28, 2009. She noted one response from a property owner on parcel # 58 in which the owner mailed a check to the Treasurer’s office but used the wrong mailing address and her check was returned to her before the tax sale. The property owner requested that the sale of her parcel be voided.

Wayne Smith made a motion to certify results of the annual tax sale except for parcel # 58 which is referred to the County Attorney to determine if sale of this parcel should be voided. Second by Lois Bulloch. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.

PUBLIC HEARING ZONE CHANGE REQUEST FROM A-20 TO INDUSTRIAL :

Wayne Smith made a motion to open a public hearing on a proposed zone change from Agricultural A-20 to Industrial I. Second by Lois Bulloch. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.

Chad Nay explained the purpose of the proposed change was at the request of Circle 4 Farms to proceed with an application to construct and operate a landfill on company property located within Sections 4 & 5 of T 31 S, R 13 W, SLB&M. The property is located near the Beaver County line and between existing Circle Four facilities. The Planning and Zoning Commission has reviewed the matter and has recommended approval of the zone change.

Jim Webb, spokesman for Circle Four, explained that Beaver County has placed them in an awkward position in that they will not allow Circle Four waste to be deposited at their landfill and their concerns with ground water contamination are unfounded since there are many pollution sources closer to Milford. Beaver County is encouraging establishing a landfill north of Milford in the area where the wind farm is located.

A letter from Beaver County Commission voiced opposition to the zone change until alternate sites for a landfill with Beaver County participation could be explored.

A letter from Robert van Bree, an adjacent property owner was read and discussed. Mr van Bree is opposed to the proposed zone change which will result in a property value reduction on his parcel due to the associated smells and waste at the proposed landfill.

Craig Spitler asked if dead animals could be sent to a rendering plant instead of in the landfill. Mr Webb responded that most dead animals are sent to a rendering plant in central Utah. The only animals going into the landfill would be when the rendering plant was down and could not take them.

Chad Nay asked what was proposed to be dumped in the landfill. Mr Webb responded that it would be construction debris, company trash and dead animals. No outside waste would be accepted.

After all public comments were received and questions answered, Lois Bulloch made a motion to close the public hearing. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.

Lois Bulloch made a motion to table action on the proposed zone change to facilitate a meeting with Beaver County Commission and Circle Four Farms. The matter will be recalled upon completion of negotiations with Beaver County and Circle Four. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.

PUBLIC HEARING ZONE CHANGE REQUEST FROM A-20 TO INDUSTRIAL :

Wayne Smith made a motion to open a public hearing to receive comments regarding a proposed zone change from Agricultural A-20 to Industrial I. Second by Lois Bulloch. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.

Chad Nay reported that the proposed zone change is in preparation for a request for a conditional use permit to construct a commercial wind energy system within Section 34, T 34 S, R 15 W, SLB&M. The proposal has been considered by the Planning and Zoning Commission and their recommendation is that the zone change be granted.

Craig Spitler questioned where the generated electricity will be used. The response was that it is planned to be sold to Rocky Mountain Power.

Michael Edwards commented that this is a zone change hearing and this type of question can be addressed during the conditional use permit application process but are not a factor in a zone change.

After all public comments were received, Lois Bulloch made a motion to close the public hearing. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.

The Commission then found as follows:

1. The proposed zone change is consistent with the County General Plan.

2. The proposed zone change will not detrimentally affect the surrounding area.

3. The proposed zone change is compatible with surrounding zoning.

4. The proposed use is a suitable use within the proposed zone change.

5. The proposed use is compatible with surrounding zoning.

6. The proposed zone change and use will result in an economic benefit to the County.

Lois Bulloch then made a motion to approve the proposed zone change on 160 acres from A-20 to I described as the Southwest ¼ of Section 34, Township 34 South, Range 15 West, SLB&M as recommended by the Planning Commission. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.

ADOPTION OF WORKFORCE ASSESSMENT AND JUSTIFICATION POLICY :

Reed Erickson, Iron County Administrator, presented a proposed workforce assessment and justification policy for adoption. The policy has been distributed to departments for comment. After all comments and suggestions have been addressed, he recommended approval of the policy. Wayne Smith made a motion to adopt the workforce assessment and justification policy as presented. Second by Lois Bulloch. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.

REQUEST FOR TAX EXEMPT STATUS FOR SUU FOUNDATION PROPERTIES :

Dorian Page, Vice President for finance and facilities, presented a request for tax exemption on three parcels owned by Southern Utah University Foundation. SUU Foundation is a 501 (c) (3) organization under the IRS code. It is wholly owned and operated by SUU and properties are listed as SUU assets. The request covered three parcels, two vacant parcels and one parcel containing a home which is rented to faculty or staff.

Dennis Ayers responded that different Counties handle these tax exemption requests differently and asked that the request be coordinated with other Counties.

After review, Lois Bulloch made a motion to refer the matter to the County Attorney for a letter of opinion regarding use issues under State Code to qualify for tax exempt status. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.

IRON COUNTY RESOURCE MANAGEMENT PLAN :

Mike Worthen, Iron County Natural Resource Management Specialist presented for approval a Resource Management Plan which is a culmination of work over the past years. He explained the different elements of the plan and how the plan is designed to work.

Reed Erickson stated that the plan needs to be site and resource specific which can be developed into a prioritized list.

Lois Bulloch made a motion to adopt the Iron County Resource Management Plan as presented. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.

PROPOSED MOU PRAIRIE DOG HABITAT USE :

Mike Worthen also discussed a proposed memorandum of agreement between the US Fish and Wildlife Service and Iron County to allow the 220 acres of county owned land in the Little Horse Valley area to be used for Utah prairie dog mitigation. He explained that action needs to be tabled to allow time to execute a deed of conservation easement and to gain approval of inserting this into the approval.

Lois Bulloch made a motion to table the matter as requested to allow for additional information. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.

PERSONNEL MATTERS :

Vicki Nielsen presented for approval a position justification and workforce assessment for a part time seasonal position in the Tourism department for a receptionist to work weekends at the Visitor Center. Lois Bulloch made a motion to approve the position justification and workforce assessment as presented. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.

Vicki Nielsen presented for approval the name of Randy Bennett as a part time seasonal receptionist at the Visitor Center. Lois Bulloch made a motion to approve Randy Bennett as presented. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.

Vicki also presented a workforce assessment for an on call driver for meals on wheels at the Cedar City Senior Citizen Center. Wayne Smith made a motion to approve the workforce assessment as presented. Second by Lois Bulloch. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.

Vicki presented for approval several volunteers as follows:

Shawna Luttio as an intern through Workforce Services in Parks Maintenance.

Sandra Meisner as a VISTA Volunteer in the Emergency Management Office.

Marie Brooks as a VISTA Volunteer in the Emergency Management Office.

Autumn Charles as an intern through Workforce Services in the Assessor’s Office.

Lois Bulloch made a motion to approve the volunteers listed as presented. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.

The following volunteer fire fighters provided they have received appropriate training for the fires they are called to fight were approved on a motion by Lois Bulloch. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.

Newcastle Fire Department: Jobe Peterson, Kyle Christensen, Todd Tullis, Ryan Christensen and Jared Christensen.

Hamblin Valley Fire Department: Wayne Hunt, Vincent Rice, Carol Rice, Raymond Fester, John Hunt, Joe Slayton, and Patrick Jack Horner.

Vicki presented for approval William Nicks, G’ne Bartholomew and Mark Button for designation as part time employees rather than seasonal employees. Lois Bulloch made a motion to approve the change in designation. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.

Vicki discussed with the Commission the upcoming sexual harassment training. She recommended that all employees receive the training as a risk management tool. Lois Bulloch made a motion to require all employees to attend sexual harassment training. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.

FAIR MANAGER CONTRACT :

Alma Adams stated a conflict of interest in this item in that the Fair Manager is his sister-in-law.

Vicki Nielsen presented a contract for approval for the Fair Manager position for 2009. Joyce Evans will be designated as the Manager and will be a contract employee. Wayne Smith made a motion to approve the contract for Fair Manager between Iron County and Joyce Evans. Second by Lois Bulloch. Voting: Alma Adams, Abstain; Lois Bulloch, Aye; Wayne Smith, Aye.

MAYOR’S MEMORIAL TREE GROVE :

Mayor Gerald Sherratt and Cedar City Parks and Recreation Leisure Services representative Wally Davis met with the Commission to request permission to establish and maintain a memorial tree grove on a parcel of County property adjacent to Coal Creek and Heritage Park in Cedar City. They explained that the trees will be donated by citizens and will be provided a name plaque designating the donor. The area would be maintained by Cedar City.

The Commission suggested that it may be appropriate to trade a portion of this parcel for the parcel adjacent to the Visitor Center so that the County could provide maintenance of the Visitor Center parcel.

The matter was tabled to allow for more information on the area Cedar City wishes to acquire and the parcel the County would like to acquire.

AGREEMENT FOR THE FUNDING OF CEDAR CITY’S AQUATIC CENTER:

The Commission reviewed the proposed agreement between Cedar City and Iron County for funding a portion of the cost of construction of an aquatic center in Cedar City. Typographical errors were found and corrected in the draft. After review of conditions, Wayne Smith made a motion to approve the agreement based on correction of typographical errors, clarifying County funding sources, and setting the length of the agreement to twenty years. Second by Lois Bulloch. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.

PUBLIC COMMENT PERIOD :

Phyllis Taylor expressed concern with the tax increase for municipal services which was imposed in 2008 on unincorporated areas. She also expressed concern with budget cuts from proposed budgets in Departments designated for funding from the municipal service tax revenue which included denying a new position as a grant writer in the Sheriff’s Office.

The Commission explained the uses of the municipal services tax which is to provide municipal type services to residents in the unincorporated areas. These include law enforcement excluding jail operation, fire services and roads. In the past the County has funded these areas from reserves or the general fund. State law prevents funding from the general fund and the County cannot approve a deficit budget. All items are considered in the budget process and are approved as a final budget in December.

TV EQUIPMENT UPGRADE GRANT DISCUSSION :

Dennis Johnson met with the Commission to discuss NTIA Grants available for reimbursement of costs associated with upgrading TV Translator equipment from analog to high definition, the same type signal broadcast by TV broadcasters. Dennis explained that funding is on a first come first serve basis and when fund is gone, it is not anticipated that additional funds will be available. Currently Iron County has $60,000 in equipment which qualify and will be applied for in the first round of funding. Additional equipment estimates to complete the transfer is estimated at $316,000.

Lois Bulloch made a motion to approve a budget amendment to allow the purchase of equipment and to proceed with upgrading the TV system to HD. Purchase of equipment is to be through the bid process. Dennis Johnson is designated as the contact person for grant purposes. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.

CALENDAR SCHEDULE :

The Commission coordinated calender appointments with Reed Erickson until the next Commission meeting.

ADJOURN :

The meeting was adjourned at 4:00 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