IRON COUNTY COMMISSION MEETING
June 22, 2009
Minutes of the Iron County Commission meeting convened at 9:00 a.m. June 22, 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
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
Deborah B. Johnson County Recorder
Geraldine S. Norwood County Treasurer
Mark O. Gower County Sheriff
Margaret Miller Justice Court Judge
SYNOPSIS :
APPROVAL OF MINUTES June 8, 2009
BID OPENING FAIR GROUNDS IMPROVEMENTS
CALENDER SCHEDULE COORDINATION
CLOSED SESSION PERSONNEL MATTER
FUNDING REQUEST FOR TRANSPORTATION STUDY
LETTER OF SUPPORT FOR DRY LAKES RANCH
MINOR LOT SUBDIVISION APPROVAL
PUBLIC HEARING ZONE CHANGE A-20 TO I-A INTENSIVE AGRICULTURE
RESOLUTION 2009-3 ENERGY GRANT APPLICATION APPROVAL
RESOLUTION NO. 2009-4
SPECIAL ASSESSMENT AREA FUNDING REQUEST
AMENDED AND RESTATED INTERLOCAL COOPERATION AGREEMENT
Those assembled were led in the pledge of allegiance by David Yardley.
APPROVAL OF MINUTES June 8, 2009 :
Minutes of the Iron County Commission meeting held June 8, 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.
Dennis Ayers reported that state appeals of taxable value will be conducted between June 29th and July 10th here at the Courthouse in Parowan. Dennis also reported that overall property value was down 10.5% county wide from last year. This will result in a higher certified tax rate for 2009.
Debbie Johnson reported that the Recorder’s office is being kept busy by filings of trustee sales and foreclosure documents. This is a reflection of the overall economy in the area and the downturn in the housing market.
Geri Norwood reported that the full PILT payment for 2009 has been received by the County.
Gene Adams reported that he is working on certified tax rates at the present time. It appears that the General rate will be .001614 for 2009, up from .001441 in 2008 and the Municipal Service Fund will be .002131, up from .001849 in 2008.
Margaret Miller reported that the small claims limits will increase on July 1 from $7,000 to $10,000. Merchant fees on credit cards is still an issue. A software update to remove the fees or charge the customer the merchant fee is being considered.
Reed Erickson reported on a meeting with UDOT representatives and Five County AOG officials, Todd Stowell and Kurt Hutchings to discuss the need for a rural planning organization (RPO). This planning organization should involve municipal officials along with County personnel.
Reed also introduced Bonnie Oldroyd as the County Information Specialist. He outlined her duties to get County information out to the public. He encouraged Departments to utilize her as a resource in public relations.
David Yardley reported that municipal elections will be conducted this year. The filing period starts on July 1 and ends on July 15. The number of candidates filing will determine if a primary election needs to be conducted.
Wayne Smith reported on progress with the development of a new HCP regarding prairie dogs. It appears that Entrix has finally started to proceed after some delays.
Lois Bulloch reported that the State Parks Board is meeting this week to consider a name change for Iron Mission State Park to give tourists a better understanding of the park features.
Lois also discussed the possibility of establishing a County Parks and Recreation Board to oversee development and operation of all County operated parks and recreation areas.
Alma Adams reported that Cedar City has applied for a grant to construct a new fire station at the Cedar City Airport. The County will be asked to provide a portion of the funding for this project.
PUBLIC HEARING ZONE CHANGE A-20 TO I-A INTENSIVE AGRICULTURE:
Lois Bulloch made a motion to open a public hearing to receive comments regarding a proposed zone change from A-20 to I-A Industrial Agriculture within Section 18, Township 36 South Range 15 West, SLB&M. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
Chad Nay, Iron County Zoning Administrator explained that the request by Escalante Farms LLC is to accommodate the construction and operation of a large dairy. The property is located outside of the Newcastle community. One concern was raised by the Planning Commission regarding distances to the Newcastle Church. Siting of the dairy on the property can mitigate this issue.
The Planning Commission held a public hearing on the proposed change and no negative comments were received. The Planning Commission recommended approval of the zone change.
After the issue of separation distances was discussed and clarified, and no further 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.
Wayne Smith made a motion to adopt the following findings and to approve the zone change consistent with the recommendation of the Planning Commission:
1. This is an Intensive Agricultural use and is compatible with the surrounding agricultural uses and zoning.
2. The proposed zone change is compatible with goals outlined in the County General Plan.
3. The proposed use is consistent with surrounding land uses.
4. The property is suitable for the proposed use.
5. The proposed zone change will not affect the use of surrounding areas.
6. The proposed zone change will provide an affirmative benefit to the surrounding area.
Second by Lois Bulloch. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
MINOR LOT SUBDIVISION APPROVAL :
Chad Nay presented for approval a minor lot subdivision located within Section 33, Township 37 S, Range 12 West SLB & M as requested by Bart Tanner. Chad explained that because of the location and the number of lots being created that fire flow requirements were recommended to be waived. The proposal will include a road dedication and a recommendation to fence out livestock.
Lois Bulloch made a motion to approve the recommendation of the Planning Commission for approval with the following findings:
1. Fire control to comply with urban interface requirements.
2. The proposal is located in Tier 4 and the proposed subdivision complies with requirements for a minor lot subdivision.
3. Subject property fronts a County Class B road.
4. Adequate culinary water is available to supply subdivided lots.
5. There are no known flood issues in this area.
6. The area will be served by individual septic systems.
7. The lot boundaries border open range. It is the responsibility of property owners to fence out livestock.
Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
RESOLUTION 2009-3 ENERGY GRANT APPLICATION APPROVAL :
Reed Erickson explained the purpose of Resolution 2009-3 which is a requirement for applying an energy retrofit grant for the Iron County Courthouse and the Iron County Fiddler’s Canyon Building.
After reviewing the proposed Resolution, Wayne Smith made a motion which was seconded by Lois Bulloch to adopt Resolution 2009-3 as follows:
IRON COUNTY, UTAH
RESOLUTION NO. 2009-3
A RESOLUTION APPROVING THE SUBMITTAL OF AN ENERGY GRANT APPLICATION
Whereas, the United States Department of Energy, National Energy Technology Laboratory has offered Funding Opportunity Number: DE-FOA-0000013, a formula grant opportunity through the American Reinvestment and Recovery Act stimulus funds package; and,
Whereas, Iron County, a political subdivision of the State of Utah, is eligible for $187,400.00 in formula grant funds to pursue an energy retrofit project of the Iron County Courthouse and Fiddler’s Canyon office building; and,
Whereas, Iron County is not required to match or leverage any funds to complete this project, if awarded the grant; and,
Whereas, the Governing Body deems it in the best interest of this political subdivision and its inhabitants to submit this grant request.
NOW, THEREFORE, be it and it is hereby resolved as follows:
Section 1: The provisions of all documents which constitute the application are approved for submittal to the Unites States Department of Energy for formula grant funds to conduct the Iron County Courthouse Energy Retrofit in the amount of $187,400.00 with such changes as may be approved by the authorized officers executing them, the execution thereof being conclusive evidence of such approval. The County Administrator is hereby authorized to sign the application, and the officers and employees of Iron County are authorized and directed to take all actions reasonably required to carry out the transactions contemplated by the application including that the project is in compliance with the Davis Bacon Act.
Section 2: This Resolution shall be effective immediately upon its adoption.
PASSED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS OF IRON COUNTY, UTAH this 22nd day of June, 2009.
IRON COUNTY BOARD OF COUNTY COMMISSIONERS
Alma L. Adams, Chair
ATTEST:
David I. Yardley, County Clerk
VOTING:
Alma L. Adams Aye
Lois L. Bulloch Aye
Wayne A. Smith Aye
AMENDED AND RESTATED INTERLOCAL COOPERATION AGREEMENT :
Dennis Ayers presented a proposed restated interlocal cooperation agreement to participate in the Multi County Appraisal Trust (MCAT). Iron County has participated in the past and legislation passed in the 2009 session mandates a statewide mass appraisal system. MCAT is the vehicle selected to implement this mandate.
Lois Bulloch made a motion to adopt Resolution 2009-4 and to execute on behalf of Iron County an interlocal agreement to participate in MCAT. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDED INTERLOCAL COOPERATION AGREEMENT WITH OTHER MEMBERS OF UTAH ASSOCIATION OF COUNTIES, RELATING TO THE ESTABLISHMENT, FUNDING AND OPERATION OF THE MULTI COUNTY APPRAISAL TRUST.
WHEREAS, pursuant to the provision of the Interlocal Cooperation Act, Title 11, Chapter 13, Utah Code Annotated, 1953 as amended, public agencies, including political subdivisions of the State of Utah as therein defined, are authorized to enter into mutually advantageous agreements to provide services and facilities; and
WHEREAS, the Board of County Commission of Iron County, Utah, has determined that the interests and welfare of the public within Iron County’s jurisdiction will best be served by an Amended Interlocal Cooperation Agreement with other members of Utah Association of Counties relating to the establishment, funding and operation of the Multi County Appraisal Trust.
NOW, THEREFORE, be it resolved by the Board of County Commission of Iron County, Utah, that Iron County approve and authorize the Commission Chair to execute an Amended Interlocal Cooperation Agreement with other members of the Utah Association of Counties relating to the establishment, funding and operation of the Multi County Appraisal Trust.
RESOLVED ADOPTED AND ORDERED this 22nd Day of June, 2009.
BOARD OF COUNTY COMMISSIONERS
IRON COUNTY, UTAH
_____________________________________
Alma L. Adams, Chair
ATTEST:
David I. Yardley, Iron County Clerk
VOTING:
Alma L. Adams Aye
Lois L. Bulloch Aye
Wayne A. Smith Aye
IN WITNESS WHEREOF, the parties have signed and executed this Amended Interlocal
Cooperation Agreement, after resolutions duly and lawfully passed, on the dates listed below:
Dated this 22nd Day of June, 2009.
BOARD OF COUNTY COMMISSIONERS
IRON COUNTY, UTAH
By:
Alma L. Adams, Iron County Commission Chair
ATTEST:
By:
David I. Yardley, Clerk, Iron County
REVIEWED AND FOUND TO BE IN PROPER FORM AND COMPLIANCE WITH APPLICABLE LAW.
By:
Scott Garrett, Iron County Attorney
Colette Eppley discussed with the Commission a proposed amendment to the County Sexual Harassment Personnel Policy. She explained that there were some amendments to the proposed policy that need to be fine tuned. Action was deferred to the next Commission meeting.
CLOSED SESSION PERSONNEL MATTER :
Lois Bulloch made a motion to convene in Closed Session to discuss the character, professional competence, or physical or mental health of an individual. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
STATE OF UTAH )
) s.s.
COUNTY OF IRON )
I, Alma L. Adams, Chairman of the County Commission of Iron County, Utah hereby certify that the purpose of the Closed Meeting convened was conducted in accordance with Utah Code 52-4 et. seq. for the purpose of discussing the character, professional competence, or physical or mental health of an individual.
Dated this 22nd day of June , 2009.
Signed: Alma L. Adams, Chairman
Attest: David I. Yardley
County Clerk
SPECIAL ASSESSMENT AREA FUNDING REQUEST :
A request to consider funding a Special Improvement for roads on a cul-de-sac identified as 1100 West Midvalley Road was withdrawn prior to the meeting to obtain additional information from the County Engineer.
The Commission discussed the procedure to establish a special assessment area. This includes publishing in the newspaper a notice of the proposed area four times in four consecutive weeks. The notice is to include estimated costs and protest procedure. Since this is a code change from the former method of implementing a Special Improvement Area, additional information on how to proceed will be researched by the Attorney’s office.
BID OPENING FAIR GROUNDS IMPROVEMENTS :
Bids were opened as advertised for the installation of air conditioning and related improvements to the Fairgrounds Exhibit Building. Six bids were received with the following results:
1. Premier Heating & Cooling LLC $41,800
2. Forsyth Heating & Cooling $40,000
3. L & L Mechanical Contractors $47,700
4. M & M Mechanical $44,600
5. Davis Heating & Air Conditioning $30,400
6. Crofts HVAC-R Inc. $29,500
Lois Bulloch made a motion to award the bid to the lowest responsible bid which meets all of the architect specifications. Bids are to be referred to the architect for review. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
Wayne Smith made a motion to convene as a Restaurant Tax Board. Second by Lois Bulloch. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye, Maria Twitchell, Aye; Rusty Aiken, Absent.
The Board discussed with the Commission and Parowan City funding from the Restaurant tax for improvements and repairs to the Fairgrounds Exhibit Building. The Board approved $29,350 to the Fair for roof repairs and $28,550 to Parowan City for air conditioning upgrades. The air conditioning upgrade included a roll over of an additional $20,000 from 2008.
Fair Manager, Joyce Evans, requested approval from the Board to use a portion of the additional appropriated funds to do additional improvements including upgrading the lock system on the building to prevent unauthorized duplication of keys, upgrading the cooling to add heating capability, and to improve the ventilation system in the rest rooms. Parowan City also noted that the sewer service line is in need of repair or replacement.
Maria Twitchell made a motion to approve the roof repairs and air conditioning and to authorize the Fair Chairperson and Parowan City prioritize additional projects for consideration. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye, Maria Twitchell, Aye; Rusty Aiken, Absent.
The Restaurant Tax Board then adjourned and the Commission reconvened in open meeting.
Wayne LeBaron requested the Commission to consider a project to convert household garbage and organic waste including sewer sludge to a process to generate electricity, biodiesel, and clean water. Part of the process would generate carbon dioxide which would then be utilized in greenhouse operations.
The Commission explained that the project sounded interesting, however without costs or an operating plant showing the system would work as explained was premature to commit county participation.
The IRS has adjusted the mileage reimbursement rate to $.54 for 2009. Several years ago the Commission established a policy to adjust County mileage rates to the IRS rate however because of wide fluctuations in fuel prices during the past year, the Commission opted to remain at the current reimbursement rate of $.505 per mile of personal vehicle use.
A roll back tax was assessed on a parcel of land donated by Kim Evans to widen the road right of way on 2200 North in the Paragonah fields. Wayne Smith made a motion to pay the roll back tax because the property was transferred to the County at no cost. Second by Lois Bulloch. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
LETTER OF SUPPORT FOR DRY LAKES RANCH :
Reed Erickson presented a request to issue a letter of support for funding through the Utah Quality Growth Commission of a conservation easement funded from the LeRay McAllister Fund for property owned by the Mitchell family designated as the Dry Lakes Ranch. Lois Bulloch made a motion to approve a letter of support of the application as presented. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
CALENDER SCHEDULE COORDINATION :
The Commission and Reed Erickson coordinated calender items for the next two weeks.
AMBULANCE BILLING DISCUSSION :
Ron Johnson met with the Commission to discuss billing issues for hardship cases receiving service from the Ambulance department. It was determined that a policy needs to be adopted which outlines procedure rather than looking on an individual case by case basis. The matter was referred to the County Attorney, Reed Erickson and Ron Johnson to draft a policy for review and adoption by the Commission.
FUNDING REQUEST FOR TRANSPORTATION STUDY :
A request by Brian Head Town to fund a transportation study for eastern Iron County which could include public transportation to the Brian Head area was presented. The estimated cost of the study would be $12,000 divided between entities it would cost each entity $1,715.
Commissioner Smith was opposed to committing funds to this project stating that a public transportation system in rural areas are not economically viable.
Wayne Smith made a motion to table action on the matter to determine the level of participation by all of the involved municipalities. Second by Lois Bulloch. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
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