IRON COUNTY COMMISSION MEETING
July 27, 2009
Minutes of the Iron County Commission meeting convened at 9:00 a.m. July 27, 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
Jan Neth Assistant 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 July 13, 2009
BOARD OF EQUALIZATION APPLICATION FOR PROPERTY TAX EXEMPTION
CALENDER SCHEDULE COORDINATION
NOTIFICATION OF CONDITIONAL USE PERMITS
PROCEDURE FOR ESTABLISHING A SPECIAL ASSESSMENT AREA
RESOLUTION 2009-5 INDUSTRIAL REVENUE BOND ISSUE FOR HOLT DAIRY
TAX MATTER CERTIFICATION OF TAX SALE PARCEL 58
Those assembled were led in the pledge of allegiance by David Yardley.
APPROVAL OF MINUTES July 13, 2009 :
Minutes of the Iron County Commission meeting held July 13, 2009 were approved as amended on a motion by Wayne Smith. Second was by Lois Bulloch. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
Gene Adams reported that disclosure notices have been mailed. The Auditor’s Office is expecting a large number of contacts as people receive their notice requesting information about Board of Equalization procedure.
Geri Norwood reported that the Treasurer’s Office is in the testing phase of scanning archiveable records. Other County Treasurer’s and State Archives will be contacted regarding their experience with this process.
Debbie Johnson reported that one of the Deputy Recorder’s has taken a medical leave and will be out of the office for a time. This will result in a work load increase for the remainder of the staff. Temporary help will not be required.
Margaret Miller reported that the work load at the Justice Court remains steady. Law enforcement has conducted road blocks to screen for alcohol, drugs and equipment violations. These road blocks create an extra load on the courts as the citations are issued and work through the system.
David Yardley reported that the Clerk’s Office is working with the municipalities on the municipal elections. Cedar City, Enoch and Parowan will conduct primary elections on September 15. Ballots are being prepared for proofing as part of the printing process.
Wayne Smith reported that he has attended meetings in Washington DC in which the Utah congressional delegation was contacted regarding prairie dog and farm credit issues. He also reported that he discussed with Senator Bennett’s office flood channel issues in Cedar Valley. The County is pursuing lining the drainage channels similar to what Cedar City has done within city limits.
Wayne also reported that he attended a meeting of the UCIP Board of Directors. He reported that volunteers need to be drug tested and approved by the Commission prior to working for a County Department.
Lois Bulloch reported on UACCC meetings held in Logan. One topic of discussion was the State Retirement System. There are some Legislators that are drafting bills to reduce retirement benefits for participants in the retirement system. Utah Association of Counties is opposed to the proposal to reduce benefits.
The Restaurant Tax was also discussed. There is a continued push to confiscate some of the tax collected by the Counties to be used by the State for their programs.
Mark Gower reported that the Sheriff’s Association has discussed cuts in jail funding by the Legislature. Gary Herbert as Governor and former County Commissioner, has made it a priority to get a reasonable solution to this problem.
Alma Adams reported that bids for TV Translator equipment have been reviewed and portions have been selected from different vendors depending on price. Translators will be upgraded as soon as equipment is received.
Lowman Nelson requested an appeal of a decision by the Assessor to remove a parcel from green belt tax status which resulted in a roll back tax being assessed. Because this is a Board of Equalization matter and was improperly noticed the Commission stated that no action could be taken. The matter will be placed on the next agenda for action.
Dennis Ayers explained that the property in question are two six acre parcels adjacent to each other that have been used as a gravel mining operation and have had recent use as a mining site. There is also construction type equipment stored on the property and the property is left open so that people can bring fill waste in to eventually fill in the mined area.
The Farmland Assessment Act requires that the property be actively used in an agricultural operation including grazing, however, his observation is that the property is actively being used as a mining site and is not used in conjunction with other livestock operations in the same ownership.
Mr Nelson responded that they use the parcels to pasture horses, typically in the spring and fall and that although their livestock operations are listed under different names, they are all part of an original family operation. He acknowledged that the property is open to the public and that soil fill has been sold from the property within the last three years. As owners, they are encouraging fill to be deposited to bring the property back to its original level. This may take years to accomplish.
No action was taken at this time by the Commission. The matter will be placed on the next agenda for action.
BOARD OF EQUALIZATION APPLICATION FOR PROPERTY TAX EXEMPTION :
Lois Bulloch made a motion to convene as a Board of Equalization to consider a request from the Dixie and Anne Leavitt Foundation for a property tax exemption. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
Christene Keene presented a request for tax exemption for property identified as tax serial number B-1017 covering two buildings, (1) a 1940 vintage home converted to student apartments and (2) a 1975 six unit apartment building used for student housing.
After reviewing the request, Lois Bulloch made a motion to deny the tax exemption based on the use as rental units which are not in compliance with State law concerning charitable uses. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
Lois Bulloch made a motion to adjourn as a Board of Equalization and reconvene in Commission meeting. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
NOTIFICATION OF CONDITIONAL USE PERMITS :
Chad Nay reported on Conditional Use Permit applications scheduled to be considered by the Planning Commission at their August 6 meeting.
Kanarraville town has requested a CUP for an outdoor recreation area in a portion of the E ½ NE ¼ , Section 3, Township 38 South, Range 12 West, SLB&M. Proposed conditions include:
1. Petitioners shall comply with all federal, state, Iron County, Department of Environmental Quality (DEQ), Southwest Utah Public Health Department laws, rules, and regulations related to the operation of outdoor recreation.
2. Petitioners shall comply with all requirements of BLM lease agreement.
3. Petitioners shall submit an acceptable dust plan to Iron County Zoning Department, DEQ, and Southwest Utah Public Health Department. Petitioners shall be proactive in responding to any potential dust problems.
4. Petitioners shall obtain clearance from the Division of Wildlife Resources prior to the clearing of any ground or the erecting of any structures.
5. The outdoor recreation activities shall be able to operate between 7:00 a.m. and 10:00 p.m. daily. The outdoor recreation activities may also operate during other hours provided the noise, dust and lighting do not unreasonably interfere with the surrounding property owner’s quiet enjoyment of their land. The outdoor recreation activities shall be deemed to be unreasonably interfering with surrounding property owner’s quiet enjoyment of their land if there is a structure within ¼ mile of the boundary of the outdoor recreation property, and a reasonable noise, dust, or lighting complaint is received by law enforcement or the Iron County Building/Zoning Department. Either party is entitled to a hearing with the Iron County Planning Commission to determine whether the complaint is reasonable. Each party shall follow hearing procedures set forth in the Iron County Land Management Code.
6. All outside and security lighting shall be downward directed and directed away from the highway, and adjacent agricultural and residential districts.
7. Petitioners shall show proof of the quantity of water needed to control dust and for irrigation, sanitation facilities, etc.
8. Petitioners shall obtain building permits from Iron County for structures erected on subject property.
9. Petitioners shall submit a plan to the Iron County Zoning Department for the disposal of solid waste.
10. Petitioners shall obtain a septic system permit for the onsite sanitation facilities from the Southwest Department of Public Health.
11. A letter or plan of approval from the Iron County Fire Warden shall be filed with the Iron County Zoning Department. Petitioner shall adhere to submitted plans.
12. The Petitioner assumes all responsibility for the property, activities, and associated liabilities.
13. All vendors operating on the premises shall be properly licensed in accordance with all federal, state, and county codes, laws, and ordinances.
14. The Petitioner shall improve roads, rights-of-way and easements utilized for ingress and egress from Highway 91 to the site, as well as onsite parking areas to a hard dustless surface (chip sealed or better).
15. The Petitioner shall be responsible for the installation and maintenance of regulation and regulatory signage pertaining to subject property.
16. This Conditional Use Permit runs with the property described herein and is non-transferable to any other location.
17. This Conditional Use Permit shall remain in effect until such time when property is annexed into Kanarraville Town.
18. By signing this Conditional Use Permit, the applicants agree to adhere to the conditions contained herein.
19. All referenced plans and permits to be submitted to, and approved by Iron County Zoning Department prior to commencement of site development.
20. Conditional Use Permit must be recorded with the Iron County Recorders Office.
21. This Conditional Use Permit is not valid until a signed, notarized and recorded copy is returned to the Iron County Building & Zoning Department.
Chad also presented a Surface Mining Request by Anasazi Gold Reserves on the following described parcel; The East 68 Acres of Section 36, Township 32 South, Range 6 West, SLB&M lies North and East of Highway SR-20. Proposed conditions include:
1. Petitioners shall comply with all federal, state, Iron County, Department of Environmental Quality (DEQ), Southwest Utah Public Health Department laws, rules, and regulations related to the operation of a surface mining operation.
2. Petitioners shall maintain emission regulations and requirements as set forth or recommended by the Department of Environmental Quality (DEQ).
3. Petitioners shall submit an acceptable dust plan to Iron County Zoning Department, DEQ, and Southwest Utah Public Health Department. Petitioners shall be proactive in responding to any potential dust problems.
4. The surface mining operation shall be able to operate between 7:00 a.m. and 10:00 p.m. daily. The surface mining operation may also operate during other hours provided the noise, dust and lighting do not unreasonably interfere with the surrounding property owner’s quiet enjoyment of their land. The surface mining operation shall be deemed to be unreasonably interfering with surrounding property owner’s quiet enjoyment of their land if there is a structure within ¼ mile of the boundary of the surface mining operation property, and a reasonable noise, dust, or lighting complaint is received by law enforcement or the Iron County Building & Zoning Department. Either party is entitled to a hearing with the Iron County Planning Commission to determine whether the complaint is reasonable. Each party shall follow hearing procedures set forth in the Iron County Land Management Code.
5. All outside and security lighting shall be downward directed and directed away from adjacent agricultural and residential districts.
6. Petitioners shall develop an onsite water source for water needed onsite to control dust and for proper operation of a surface mining operation, crusher, and sanitation facilities, etc. Petitioner shall provide proof of availability and quantity of water necessary to the Iron County Building & Zoning Department. Hauling of water for onsite use is prohibited.
7. Petitioners shall provide permanent onsite sanitation facilities approved by the Iron County Building & Zoning Department.
8. Petitioners shall provide a plan of reclamation for the disturbed area to be approved by Iron County. Reclamation plan shall include the plan to establish vegetation upon removal of material.
9. Petitioners shall maintain surface mining operations an adequate distance from adjacent properties to prevent damage to adjacent properties, which properties include but are not limited to, fences, ditches, irrigation systems, roads, easements, rights-of-way, and utilities. In no case shall the banks, berms, or storage materials be closer than twenty (20) feet from any adjacent properties.
10. Petitioners shall place a berm around the pit(s) so water will not enter the pit from surrounding properties.
11. The slopes of banks for pit and storage shall not be steeper than a 2 to 1 slope during mining phase of the operation. After reclamation and restoration, the slope shall not exceed 3 to 1 or as directed by MSHA and OSHA.
12. The Petitioners must obtain valid permits from the State of Utah’s Oil and Gas Division and will be subject to compliance with all requirements of the permits. Petitioners must provide the Zoning Department current copies of the permits.
13. Petitioners must provide financial guarantee for the operation of surface mining. Petitioners must provide a financial guarantee to the county, in an amount equal to one thousand dollars ($1,000.00) per acre. A bond in the same amount to the State of Utah’s Oil and Gas Division will otherwise satisfy the bonding requirement. For each five acre section that is mined and thereafter reclaimed, Petitioners shall be able to reduce the financial guarantee amount by five thousand dollars ($5,000.00).
14. Petitioners must obtain an Impact of the Wildlife Habitat Statement from the Division of Wildlife Resources. Petitioners agree to continue to cooperate with the Division of Wildlife Resources in obtaining all necessary clearances for future expansion of surface mining operations.
15. Petitioners shall protect the ground water source. All storage tanks shall be located at the original ground level and potentially hazardous materials shall be stored in State approved containers.
16. By signing this Conditional Use Permit, the applicants agree to adhere to the conditions contained herein.
17. Fencing shall be installed around the perimeter of property compliant with Iron County design and standards as referenced in the Iron County Code Chapter 6.04 Section 6.04.020.
18. This Conditional Use Permit is not valid until a signed, notarized and recorded copy is returned to the Iron County Building & Zoning Department.
19. This Conditional Use Permit runs with the property described herein and is non-transferable to any other location.
20. Conditional Use Permit must be recorded with the Iron county Recorders Office.
Chad Nay also reported that a CUP will be considered on an application for a wind monitoring tower applied for by Wood Wind Renewable Energy for property described as the South ½ of Section 33, Township 32 South, Range 15 West, SLB&M. Proposed conditions include:
1. Petitioner/Owner shall comply with all county, state, federal, Department of Environmental Quality, and Health Department, regulations, laws, rules, and ordinances.
2. Documentation, maps, and information submitted by the applicant for this conditional use permit shall be deemed part of this conditional use permit.
3. The applicant shall generally follow the site plan as submitted.
4. This conditional use permit is issued as site specific as per legal description and is non-transferable to any other locations.
5. The original conditional use permit shall be recorded at the office of the Iron County Recorder. A recorded copy of the conditional use permit shall be filed with the Iron County Building and Zoning Department.
6. Prior to construction beginning of any buildings, structures, or towers the applicant shall obtain a building permit from the Iron County Building Department. A Building Permit Application will be completed and structural engineered set of plans furnished as approved and accepted by the Iron County Building Department to obtain said building permit.
7. This conditional use permit regulations and conditions herein shall apply to all subsequent future owners of the Wind Monitoring Tower and Equipment.
8. The applicant shall furnish to the Iron County Zoning Department a letter or plan of approval from the Iron County Engineer of the roads, and refurbishment of such they intend to use, and adhere to such plan.
9. A letter or plan of approval from the Iron County Fire Warden shall be filed with the Iron County Zoning Department. The plan shall be adhered with.
10. The total height of the towers and structures shall not exceed 220 feet, including equipment, etc.
11. The towers and equipment shall be constructed with a grounding system to protect the health and safety of all life including human and animals.
12. The area leased and/or owned by the owner of this project and equipment therein shall be maintained in a dust free manner, and be free of all noxious vegetation as outlined within Iron County codes.
13. The minimum amount of property leased/owned shall be sufficient size to be in compliance with the Iron County Code Wind Energy Systems and Facilities concerning placement for the fall zone of 1.5 times the allowed height stated in the conditional use permit, (220 feet total tower height), or the towers, and structures shall be designed and constructed of a collapsible type to fall within the property leased/owned.
14. The duration of this facility and equipment shall be permitted for a total of five years as permitted by the Iron County Code Wind Energy Systems and Facilities. This time frame begins upon issuance of the Building Permit by the Iron County Building Department. At the expiration of said period, all buildings, structures, towers etc., shall be properly and safely removed, and the property restored to a manner acceptable to Iron County Zoning Department; or all equipment, buildings, structures, towers, etc., shall be integrated into an approved and working wind energy system as described and regulated by Iron County Codes, or other accommodations as approved by the Iron County Planning Commission or Iron County Commission.
15. All towers, equipment, buildings, and improvements shall be designed and installed to minimize glare, noise, shadow flicker, and avoid or mitigate telecommunications interference (electromagnetic fields and communications interference generated by the project), as regulated by the Iron County Code Wind Energy Systems and Facilities.
16. If applicable, obtain the approval of DEQ and/or EPA for a SWPPP (Storm Water Pollution Prevention Plan.)
17. All lighting shall be minimal security and safety lighting except for maintenance lighting. Lighting shall be downward directed, shining away from surrounding properties.
18. The issuance of this conditional use permit does not grant nor imply any rights-of-way or easements across or on any properties within the boundaries of Iron County. Such rights-of-way or easements shall be secured by other than Iron County through the property owners as listed in the office of the Iron County Recorder.
19. This conditional use permit is for the Wind Monitoring Tower and its equipment only. This conditional use permit does not include any equipment, towers, structures, etc., for the purpose of the generation of utilizing energy. (Electricity, etc.)
20. Within 18 months from issuance of a building permit, the applicant/owner shall complete the reclamation of disturbed slopes. Vegetation shall be of a species conducive to or be of the surrounding native plants. Slopes shall be a maximum of 3:1. Any other measures necessary shall be employed to prevent the corrosion of soils.
21. The petitioner/owner shall restore Iron County roads, rights-of-way and easements utilized for transporting materials and equipment to the sites to a condition equal to or greater than Iron County Road Standards, as approved by the Iron County Engineer.
22. It is the responsibility of the owner/applicant to remove the facility and equipment from each site, and to restore each site to their natural state as approved by Iron County Zoning Department. The applicant/owner shall furnish to Iron County a financial guarantee of a sufficient amount, as approved by the Iron County Zoning Department and the Iron County Attorney, for the purpose of removal and clean up of the tower, equipment, and reclamation of property, etc., at the expiration of this conditional use permit. (Five years from the time the building permit is issued.) Should the financial guarantee not be enough to cover the cost to complete this purpose, Iron County reserves the right to exhaust all means to collect the additional costs needed to complete the removal and clean up from the applicant/owner.
23. By the signing of this conditional use permit, the owner of the tower, structures, and equipment agrees to bear all liability and costs in the event of a collapse, electrical shock or any other accident, catastrophic or failure within the scope of this project.
24. Iron County does not guarantee year-round road access, or road maintenance to any of the sites. Therefore, the applicant/owner is responsible to assure their own access and maintenance as approved by the Iron County Engineer, Iron County Commission and Iron County Road Supervisor.
25. Inspections will be requested by the applicant/owner as required by the Iron County Building Department. No work shall be covered nor concealed prior to inspection approval, and permission of the Iron County Building Department’s Inspector.
26. The tower, itself, with associated guy wires shall be properly fenced in compliance with Iron County design and standards as referenced in the Iron County Code Chapter 6.04 Section 6.04.020 to prevent the entry of animals or livestock.
RESOLUTION 2009-5 INDUSTRIAL REVENUE BOND ISSUE FOR HOLT DAIRY:
A request by W.R. Taylor and Co, LLC, Jason Grubbs to adopt Resolution 2009-5 to authorize Industrial Revenue Bonds to be issued for Holt Dairy LLC was presented. No representatives from Taylor and Co or Holt Dairy appeared. There were also concerns which the County Attorney’s office expressed. The matter was tabled to allow for more information and to allow the County Attorney’s office to research questions with the proposed resolution. The matter was to be placed on the next agenda when Jason Grubbs will be available through a conference call.
Colette Eppley presented for approval Jaren Scott as full time Landfill Manager to replace acting manager, K C Fiack. Lois Bulloch made a motion to approve the hiring of Jaren Scott as Landfill manager. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
Colette also presented a request for promotion of Jake Smith and Courtney Scholes from EMT Basic to EMT Intermediate within the Ambulance Department. Wayne Smith made a motion to approve the promotions. Second by Lois Bulloch. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
Colette presented for approval a position justification and workforce assessment for a temporary Board of Equalization Clerk in the Auditor’s Office. The position was approved during the budget process in 2008. Lois Bulloch made a motion to approve the position justification and workforce assessment and to authorize advertising to fill the position as soon as possible. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
Colette presented for approval a position justification and workforce assessment for a temporary Drug Court Tracker to replace Charles Triplett, the current Deputy in this position who is leaving for a period of time for full time military service. Lois Bulloch made a motion to approve the position justification and workforce assessment as presented with the understanding that the temporary position will terminate upon the return of Officer Triplett. The three year term to which Officer Triplett was appointed will include the military temporary duty. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
The Consensual Employee Relationship Policy. Personnel Policy 32 (A) was recalled from a previous meeting. Colette Eppley explained that the policy was revised with two options.
Option 1 requires individuals to file a form with the Human Resource Department specifying the relationship and informing the applicants that this may have promotion or appointment consequences for a period of time.
Option 2 does not require a form to be filled out by employees however the remainder of the policy is the same.
Commissioner Bulloch expressed concern with the notice requirement and made a motion to adopt option 2 because sufficient notice to Human Resources is included within the policy. The motion died for lack of a second.
Wayne Smith made a motion to adopt option 1 with a written notice requirement to Human Resources. Second by Lois Bulloch. Voting: Alma Adams, Aye; Lois Bulloch, Nay; Wayne Smith, Aye.
PROCEDURE FOR ESTABLISHING A SPECIAL ASSESSMENT AREA :
Todd Stowell, County Planning Consultant, met with the Commission to discuss and outline procedure for establishment of an Assessment Area for improvements as outlined in Utah Code Title 17 B. The procedure was recodified by the Legislature in 2007 which changed procedure and notice requirements. The majority of the procedure remains the same.
After reviewing the procedure, the Commission authorized proceeding with notice requirements for a proposed assessment area for Monte Vista Units 2 and 5 for a chip seal improvement at an estimated cost of $991,457.34 on a motion by Wayne Smith. Second by Lois Bulloch. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
Projects for 3800 West north of 2800 North and 1100 West north of Midvalley Road were placed on hold to allow for clarification of right of way issues.
Wendell Shallenburger commented that he is planning to attend a seminar regarding wind energy to be held on the campus of Southern Utah University. He stated that he will give Commissioners a copy of the information available at the seminar.
TAX MATTER CERTIFICATION OF TAX SALE PARCEL 58 :
Geri Norwood discussed with the Commission the history of notices and late payment of property tax on parcel 58 of the 2009 annual tax sale. The owner was given notice by certified mail in January that any delinquent tax would need to be paid prior to tax sale to remove the parcel from the sale. The notice clearly stated that the payment should be mailed to P O Box 369, Parowan, UT 84761.
The owner sent payment to the street address and the payment was returned as undeliverable. The owner called after the sale and then forwarded the check to the correct address. The check arrived after the sale had been completed.
Scott Garrett reviewed State Code which clearly outlined the procedure and time frame in which delinquent taxes must be paid. There is not a provision for slow mail delivery or improperly addressed mail. The property was legally called and auctioned in compliance with tax sale rules established by State Code and County adopted procedure.
Lois Bulloch made a motion to certify the sale of tax sale parcel 59 in compliance with State Code and upon the opinion of the County Attorney. The uncashed check is to be returned to the former owner. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
CALENDER SCHEDULE COORDINATION :
Jan Neth coordinated calendars with the Commissioners for the next two weeks.
The meeting was adjourned at 12:15 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