IRON COUNTY COMMISSION MEETING
July 13, 2009
Minutes of the Iron County Commission meeting convened at 9:00 a.m. July 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
Scott F. Garrett County Attorney
David I. Yardley County Clerk
Reed Erickson County Administrator
SYNOPSIS :
APPROVAL OF MINUTES June 22, 2009
APPROVAL OF REVERSE 911 INTERLOCAL AGREEMENT
CONFERENCE CALL UPDRIP COMMITTEE
ENDOWMENT TO FUND CONSERVATION EASEMENT MONITORING
FUNDING REQUEST CEDAR CITY AIRPORT FIRE STATION GRANT
FUNDING REQUEST FOR TRANSPORTATION STUDY
MAXWELL SUBDIVISION SPECIAL ASSESSMENT AREA
NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS)
NOTIFICATION OF PROPOSED CONDITIONAL USE PERMIT
PERSONNEL POLICY AMENDMENTS HARASSMENT
PRELIMINARY PLAT APPROVAL ENTERPRISE FARMS SUBDIVISION
PROCEDURE TO ESTABLISH SPECIAL ASSESSMENT AREA
PSYCHIATRIC SERVICES CONTRACT IRON COUNTY JAIL
RESTAURANT TAX BOARD MEETING FAIRGROUNDS IMPROVEMENTS
SPECIAL ASSESSMENT FUNDING FOR 3800 WEST
SURPLUS VEHICLE BID RESULTS AND APPROVAL
ZONE CHANGE REQUEST FROM A-20 AGRICULTURAL TO I - INDUSTRIAL
PLEDGE OF ALLEGIANCE :
Those assembled were led in the pledge of allegiance by Reed Erickson.
APPROVAL OF MINUTES June 22, 2009 :
Minutes of the Iron County Commission meeting held June 22, 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.
Chuck Heffler and Chet Simpson representing local Veterans of Foreign Wars met with the Commission to request support for the construction of a VA Skilled Nursing Home facility to be constructed in Cedar City. They explained that there are several sites currently available and that Cedar City is more central to southern Utah and eastern Nevada than St George. The Commission stated their support of the proposed VA Skilled Nursing Home facility in Cedar City. Since this item is not an agenda item, no official action can be taken.
Kal Kahler reported on studies being prepared with the CICWCD, Enoch City and Utah State Geologic Survey regarding the subsidence area north of Midvalley Road. The study may be expanded to include all of the Cedar Valley area.
Wayne Smith reported that he is concerned with the speed Entrix has been moving on developing the Prairie Dog HCP. He stated that he has placed calls to Entrix to see if the process can be sped up.
Reed Erickson reported that landfill supervisor position interviews have been completed and the candidates narrowed to the top two or three. Background checks are now being conducted and references are being checked.
Reed also reported that the Cedar City Trails Committee has suggested through Nina Barnes, Cedar City Council, that their committee be expanded to cover County parks and recreation areas. The proposed committee would be adjusted to include subcommittees which would recommend development of trails to connect parks, recreation areas and existing trails on BLM and Forest Service areas.
Lois Bulloch reported that she is meeting with BLM officials to discuss maintenance of restrooms at the Three Peaks area. Currently Iron County is maintaining all of the restrooms on the BLM which is taking more than half of the time of the County maintenance worker.
Lois also reported that the State Parks Board has approved a name change of Iron Mission State Park to Frontier Homestead State Park Museum in an effort to attract tourists and to more closely associate the name to the scope of the operation of the park and museum.
Alma Adams discussed the ability to consider an “in County” contractor in awarding bids. A concern was raised by a local contractor with a bid award to an out of County contractor for work on the Fairgrounds building. Mike Edwards pointed out that there is a provision in the purchasing policy that allows for awarding contracts to local contractors.
Alma also reported on a letter from the State Department of Environmental Quality regarding the Parowan Landfill site. The report found no major violations or suggestions.
ZONE CHANGE REQUEST FROM A-20 AGRICULTURAL TO I - INDUSTRIAL :
A zone change request submitted by Circle 4 Farms on property located within Sections 4 & 5 of T 31 S, R 13 W was called for review. A meeting between Circle 4 and Beaver County was arranged, however Beaver County Commissioners have not informed Iron County of the results of their negotiations. Wayne Smith made a motion to table action to August 10 to allow Beaver County to submit a recommendation on the proposed zone change. Second by Lois Bulloch. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
PRELIMINARY PLAT APPROVAL ENTERPRISE FARMS SUBDIVISION :
Chad Nay presented a proposed preliminary plat for approval of a cluster subdivision located approximately 1000 East Bench Road, Enterprise within Sections 26, 27, and 34, T 36S., R 16 W, SLB&M. The proposed subdivision has thirty buildable lots with sufficient acreage to meet current 20 acre zoning.
The developer, Dodd Hyer, questioned the need to chip seal oil the roads as this is intended as a family subdivision and where road standards in the A-20 zone do not require chip seal or paved roads. The Commission explained that in all new subdivisions for housing development, paved roads are required.
Lois Bulloch made a motion to approve the preliminary plat of Enterprise Farms Subdivision with the following recommendations as submitted by the Planning Commission.
1. Jones Road will continue to be a gravel surfaced road extended South to Bench Road.
2. The interior roads within the subdivision to be chip sealed.
3. Approve a variation in the maximum length of a cul-de-sac.
4. Designate Emergency Service First Response Agencies.
5. Accept Fire Marshall approval of a fire suppression plan.
Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
NOTIFICATION OF PROPOSED CONDITIONAL USE PERMIT :
Chad Nay reported that Holt Dairy LLC has applied for a conditional use permit to conduct a Concentrated Animal Feeding Operation. He reviewed proposed conditions for the site which included:
1. Comply with regulations set forth through Utah’s DEQ which applies to the requirement of the maximum allowable discharge for water.
2. Comply with all county, state and federal regulations.
3. Adhere to a fire protection plan as outlined by the Iron County Fire Warden.
4. Employee housing located on property will be occupied by full time employees of the Holt Dairy LLC and provide Iron County employees verification upon request.
5. Set up an approved method of disposal of dead animals on at least a weekly basis with a company approved by the state to do such removal.
6. Make reasonable efforts to minimize odor, flies and mosquito populations.
7. Maintain access roads to be dust or mud free within 300 feet before State or County roads.
8. Train employees in first aid and CPR and maintain at least half of employees trained in emergency services.
9. Animal count not to exceed 5,000 head. (7,142 Animal Units).
10. Bond for clean up of contamination and pollution to surrounding property owners.
11. CUP not transferrable to another site.
12. Facility open to inspection by Iron County employees, Health Department employees and DEQ employees.
13. Record in Iron County Recorders Office original of CUP.
14. Agree to participate in any improvement districts or service districts which may arise without protest.
The Commission had no concerns with the proposed conditions listed in the presented conditional use permit. The matter will be considered by the Planning Commission at their next scheduled meeting on August 6, 2009.
Jason Grubbs, representing Taylor Company, explained a request to participate in an Industrial Development Bond for Holt Dairy LLC. The proposed bond will not bring liability to the County and will not require the County to participate in funding or become liable to pay back bonds in case of default. It allows recipients the opportunity to sell tax exempt bonds to fund economic development.
Since this matter was not an agenda item, Mr Grubbs was asked to get on the next agenda with their proposal for a resolution by Iron County.
APPROVAL OF REVERSE 911 INTERLOCAL AGREEMENT :
Charlie Morris, Iron County Emergency Services Director, presented an interlocal cooperative agreement between Iron County, Beaver County, Cedar City, Parowan, Paragonah, Enoch, Brian Head, Kanarraville, Beaver, Minersville, Milford, Enterprise and New Harmony for operation of a reverse 911 calling system. After reviewing the agreement, Lois Bulloch made a motion to approve the agreement and authorize the Commission Chair to sign for Iron County. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) :
Charlie Morris presented a proclamation in which Iron County participates in the National Incident Management System (NIMS). After reviewing the proclamation, Lois Bulloch made a motion to adopt the following proclamation. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
IRON COUNTY
PROCLAMATION
IMPLEMENTING THE NATIONAL INCIDENT MANAGEMENT SYSTEM
July 13, 2009
WHEREAS, in Homeland Security Directive (HSPD)-5, the President directed the Secretary of the Department of Homeland Security to develop and administer a National Incident Management System (NIMS), which would provide a consistent nationwide approach for federal, state, local and tribal governments to work together more effectively and efficiently to prevent, prepare for, respond to, and recover from domestic incidents, regardless of cause, size, or complexity; and
WHEREAS, the collective input and guidance from all federal, state, local and tribal homeland security partners has been, and will continue to be, vital to the development, effective implementation and utilization of a comprehensive NIMS; and
WHEREAS, it is necessary that all federal, state, local, and tribal emergency agencies and personnel coordinate their efforts to effectively and efficiently provide the highest levels of incident management; and
WHEREAS, to facilitate the most efficient and effective incident management it is critical that federal, state, local, and tribal organizations utilize standardized terminology, standardized organizational structures, interoperable communications, consolidated action plans, unified command structures, uniform personnel qualifications standards, uniform standards for planning, training, and exercising, comprehensive resource management, and designated incident facilities during emergencies or disasters; and
WHEREAS, the NIMS standardized procedures for managing personnel, communications, facilities and resources will improve the county’s ability to utilize state funding to enhance local readiness, maintain first responder safety, and streamline incident management processes; and
WHEREAS, the Incident Command System components of NIMS are already an integral part of various incident management activities throughout the county, including all public safety and emergency response organizations training programs; and
WHEREAS, the National Commission on Terrorist Attacks (9-11 Commission) recommended adoption of a standardized Incident Command System.
NOW THEREFORE, pursuant to the authority vested in me by the Constitution and the provisions of the Emergency Management Services Code ( ), We do hereby mandate the National Incident Management System be utilized for all incident management in Iron County.
We further proclaim this to take effect immediately upon adoption by the governing body of Iron County, Utah.
ADOPTED AND ORDERED this 13th Day of July, 2009.
BOARD OF COUNTY COMMISSIONERS
IRON COUNTY, UTAH
_____________________________________
Alma L. Adams, Chair
ATTEST:
David I. Yardley, Iron County Clerk
REVIEWED AND FOUND TO BE IN PROPER FORM AND COMPLIANCE WITH APPLICABLE LAW.
By:
Michael Edwards, Deputy Iron County Attorney
SPECIAL ASSESSMENT FUNDING FOR 3800 WEST :
Martha Bayer, Iron County Resident, came before the Commission to request an explanation as to why it has taken so long to get estimates on upgrades to 3800 West in Cedar Valley. She explained that it was over six years ago when they made their original application and as of this date, no formal action has been taken.
The Commission explained that the County Engineer that is charged with submitting estimates on construction costs presented his findings in June of this year. In the meantime, the State laws governing the establishment and funding of assessment areas has been changed which included a change in procedure. The County Attorney and Circuit Planner are preparing a procedure outline which will be presented so that the County knows how to proceed under the new statutes. The Commission also gave Ms Bayer the cost estimates for both chip seal and pavement. The Commission emphasized that there still remains a question as to ownership of the road and if the road is dedicated to public use. Ms Bayer then requested an estimate on bringing the road to a gravel standard which could reduce the costs significantly.
The Commission asked Steve Platt to prepare a cost estimate for a gravel standard road for this project.
MAXWELL SUBDIVISION SPECIAL ASSESSMENT AREA :
Steve Platt reported to the Commission that an agreement has been reached on the establishment of a special assessment area which would involve four lots on 1100 West and Midvalley Road. The four lots are located in a minor lot subdivision identified as Maxwell Subdivision. The road currently is not a dedicated road, however the lot owners have prepared a road dedication plat which they have agreed to present for approval. Steve said that he is prepared to go forward with preparing an estimate of the cost of improvements. He recommended that because of the size of the project, that pavement would be the best alternative.
Lois Bulloch made a motion to authorize a cost estimate to be prepared by the County Engineer. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
PSYCHIATRIC SERVICES CONTRACT IRON COUNTY JAIL :
Brad Spencer, Jail Lieutenant, came before the Commission to present for approval a contract for psychiatric services at the Jail. He explained that a Request for Qualifications has been distributed to all known Psychiatrists in the area. There were no responses returned. The RFQ was then opened to any qualified Psychiatric professional. Kenneth L. Seeley, a licensed Psychologist has been selected to provide services on an “as needed” basis at the Jail.
Michael Edwards explained that there are some minor errors in wording of the contract and the contract language needs to specify that it is on an “as needed” basis. Lois Bulloch made a motion to approve the contract with grammatical errors corrected and an “as needed” paragraph added and to authorize the Commission Chair to sign the contract. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
Colette Eppley presented for approval a status change for Amber Dalton from an on call EMT Intermediate to a part time lead worker/ EMT Intermediate to work at the Cedar City Ambulance station. 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.
Colette presented for approval the following volunteers at the Senior Citizens Centers:
Tabatha Lund as a custodian at the Parowan Center; Paul Parker as a meals on wheels volunteer in Cedar City; Demetria Parker as a meals on wheels volunteer in Cedar City. Wayne Smith made a motion to approve the Senior Citizen Volunteers as presented. Second by Lois Bulloch. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
Colette also presented for approval two volunteers in the Parks and Recreation Department: Lindsay Bulloch as a Parks Maintenance Worker and Joshua Shaffer as a Parks Maintenance Worker.
Lois Bulloch stated that she has a conflict of interest on this item as Lindsay Bulloch is her Grandson. She did not participate in the discussion or approval.
Colette also explained that Joshua Shaffer is Jane Shaffer’s son, Jane is Charlie Morris’ full time employee as Parks and Recreation Secretary. Jane would have no direct supervisory responsibility over Joshua. Wayne Smith made a motion to approve the two volunteers as presented. Second by Alma Adams. Voting: Alma Adams, Aye; Lois Bulloch, Abstain; Wayne Smith, Aye.
Colette presented position justification and workforce assessments for approval for a part time custodian and a part time driver for the Parowan Senior Citizen Center. She explained that the positions have been held by one person, Carlos Ordonez who has resigned. Lois Bulloch made a motion to approve the position justification and workforce assessments and to authorize advertising for the positions. Second by Wayne Smith . Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
Reed Erickson presented a request to allow an alternate work hour schedule for the Building Department and other employees or Departments on a trial basis. He explained that the Building Department has agreed to try the new work schedule which would flex schedules to allow the office to be open from 7:00 a.m. to 5:00 p.m. daily. Employees would work extra time each day in return for an extra day off each pay period. Lois Bulloch made a motion to authorize the flexible schedule identified as a 9/80 schedule for the Building Department and the Administrator’s Office. Second by Alma Adams. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Absent.
PERSONNEL POLICY AMENDMENTS HARASSMENT :
Colette Eppley presented a revised sexual harassment policy as Section 32 of the Personnel Policy. She also presented a new policy identified as Section 32A titled Employee Romantic, Sexual and Dating Relationships. After reviewing both policies, Lois Bulloch made a motion to adopt Section 32 Harassment, Sexual Harassment, Discrimination, and Retaliation as presented and to table action on Section 32A. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
SURPLUS VEHICLE BID RESULTS AND APPROVAL :
David Yardley presented results of sealed bids received for surplus County vehicles and equipment. After reviewing bids, Wayne Smith made a motion to accept the high bid for all vehicles and equipment except a 2004 Dodge Intrepid which will be kept by the County for miscellaneous use. Second by Lois Bulloch. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
FUNDING REQUEST FOR TRANSPORTATION STUDY :
Bryce Haderlie, Brian Head Town Manager, met with the Commission to request County participation in an eastern Iron County transportation study. He proposed that the County fund $1,700 toward the study. Bryce stated that Brian Head and Cedar City along with Cedar Breaks National Monument have expressed support for the study.
Wayne Smith stated that he is opposed to funding the study due to the rural nature of the County and no central areas that would be served in the unincorporated areas.
Lois Bulloch stated that there could be some tourism benefit from a transit system where visitors could park at a central location and take buses to Brian Head and Cedar Breaks. The Commission referred the matter to Maria Twitchell to discuss with the Tourism Board for possible funding.
Commissioner Smith was excused at 1:45 p.m. to catch a flight for other duties.
TV TRANSLATOR EQUIPMENT BIDS :
Bids were opened for TV translator equipment to upgrade all County TV translators to digital signals. Three bids were received with totals as follows:
Larcan $460,045.00
Technilogic LTD $442,500.00
PATS $393,800.50
Lois Bulloch made a motion to accept bids and to approve the lowest FCC approved equipment bids from multiple vendors as bid on individual items. Second by Alma Adams. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Absent.
Doug Lundgren and Catherine Lundgren returned to the Commission for a decision on a tax matter in which they sold property in Cedar Valley to a developer. The developer defaulted on the purchase agreement and the Lundgren’s foreclosed on the agreement. The property returned to their ownership with taxes owing including interest and penalty. They have requested a tax adjustment for the time they did not own the property to green belt values and tax rates.
After reviewing the request and upon research by the County Attorney’s office, the Commission approved a waiver of interest and penalty until August 13, 2009 provided the tax is paid in full. The request to adjust the tax was denied in that the request was for the time the Lundgren’s did not own the property and the developers did not request or use the property in compliance with the farmland assessment act. Taxable values were not appealed in a timely manner to the Board of Equalization. Motion was by Lois Bulloch. Second by Alma Adams. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Absent.
ENDOWMENT TO FUND CONSERVATION EASEMENT MONITORING :
The State Department of Natural Resources has requested a one time endowment of $7,500 to cover costs associated with monitoring the Little Horse Valley prairie dog conservation area. Lois Bulloch made a motion to approve funding the endowment at $7,500 from the prairie dog mitigation account. Second by Alma Adams. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Absent.
FUNDING REQUEST CEDAR CITY AIRPORT FIRE STATION GRANT :
Paul Irons, Cedar City Fire Chief, met with the Commission to request $120,000.00 over a two year period to fund the construction of a new fire station to be located at the Cedar City airport. He explained that funding for constructing the facility can be secured from Federal grants under President Obama’s stimulus plan.
The Commission explained that due to decreases in tax revenue and because of participation in the SAFER grant program which escalates County funding over the next five years, that the County does not have funds they are able to commit at this time. Mr Irons was invited to submit a budget request for the 2010 budget to see if funds could be made available at that time.
Tax Appeal Board: Lois Bulloch made a motion to appoint James C Robinson to the Tax Appeal Board for a four year term to replace Glen Barker. Second by Alma Adams. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Absent. Mr Barker has moved from Iron County and now resides in Garfield County.
Travel Advisory Board: Lois Bulloch made a motion to appoint Dolly Trujillo to the Travel Advisory Board as the lodging representative. Second by Alma Adams. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Absent.
RESTAURANT TAX BOARD MEETING FAIRGROUNDS IMPROVEMENTS :
Lois Bulloch made a motion to convene as a Restaurant Tax Board. Second by Maria Twitchell. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Maria Twitchell, Aye; Rusty Aiken, Aye; Wayne Smith, Absent.
The Board discussed the bid process and funding allocation regarding projects at the Fairgrounds. Cost of the air conditioning exceeded the budgeted amount allocated to the Fair by $150.00. Parowan City Mayor, Jim Robinson, stated that Parowan City would fund the additional $150.00. Mayor Robinson then outlined a priority list of projects to be funded from restaurant tax. These included roof repair, upgrading locks, adding heating to air conditioning system, additional gas piping required for heating and other miscellaneous items.
After reviewing the priority list of projects to be completed by Parowan City as requested by the Board, Rusty Aiken made a motion to approve the priority list as presented. Second by Maria Twitchell. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Maria Twitchell, Aye; Rusty Aiken, Aye; Wayne Smith, Absent.
The Restaurant Tax Board then adjourned and the County Commission meeting reconvened.
Reed Erickson coordinated calendars with Commissioner Bulloch and Commissioner Adams for the next two weeks.
CONFERENCE CALL UPDRIP COMMITTEE :
Regular Commission meeting was adjourned at 3:30 p.m. to participate in a conference call with the UPDRIP Committee regarding prairie dog HCP issues involving multiple counties.
PROCEDURE TO ESTABLISH SPECIAL ASSESSMENT AREA :
Todd Stowell prepared a procedure outline from current codes for the establishment and funding of Special Assessment Areas formerly known as Special Improvement Areas. Because of time constraints and the absence of Commissioner Smith, the matter was tabled until the next Commission meeting.
The meeting was adjourned at 4:30 p.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