IRON COUNTY COMMISSION MEETING

August 10, 2009


            Minutes of the Iron County Commission meeting convened at 9:00 a.m. August 10, 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 :

2009 BUDGET REVIEW BY DEPARTMENT

ADJOURN

APPROVAL OF MINUTES July 27, 2009

BOARD OF EQUALIZATION ROLL BACK TAX APPEAL

CEDAR BREAKS PARK PROPOSAL

CLOSED SESSION

DISPOSAL OF UNCLAIMED PERSONAL PROPERTY

ESTIMATE FOR A PROPOSED ASSESSMENT AREA

LEASE AMENDMENT APPROVALS

OFFICIALS REPORTS

PERSONNEL MATTERS

PLEDGE OF ALLEGIANCE

PRAIRIE DOG MATTERS

PUBLIC COMMENT

PUBLIC HEARING 2009 BUDGET AMENDMENT

RESOLUTION 2009-5 INDUSTRIAL REVENUE BOND

ZONE CHANGE A-20 AGRICULTURAL TO I - INDUSTRIAL


PLEDGE OF ALLEGIANCE :

            Those assembled were led in the pledge of allegiance by Lois Bulloch.

APPROVAL OF MINUTES July 27, 2009 :

            Minutes of the Iron County Commission meeting held July 27, 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.

OFFICIALS REPORTS :

            Kal Kahler reported that the Central Iron County Water Conservancy District held a public hearing on July 7, 2009 to receive comments on a proposed hookup for the Midvalley Estates Water Company. The hookup would provide water to the subdivision that is currently experiencing problems with their well. The hookup would be used to supplement the water the current Midvalley system can produce. Estimated cost to complete the installation is $100,000.

            Kal also reported that he has met with several geologists to tour the landslide area known as Greens Lake. It was the conclusion of the group that this area should not be opened to development due to the possibility of disturbing the slide area. There are homes currently in the area experiencing damage due to landslide movements.

            Reed Erickson reported that attendance at the Rural Summit was larger than in previous years. Items discussed included renewable energy, centrally assessed implications on wind energy systems, and local purchasing.

            Reed also reported that building inspections are being done to determine projects for inclusion in 2010 budget process.

            Wayne Smith reported on a project at Woods Ranch to thin trees and reduce the fuel load near cabins. He also reported on a program being pushed by Congress to encourage urban agriculture.

            Lois Bulloch reported that a controlled burn of a lightning caused fire near Lund got out of control due to high winds. The fire burned on BLM and State lands. No private land was involved.

            Lois also reported that a suggestion was made at the Rural Summit to distribute disposable cameras to people to take photographs of something they like and something they don’t like about the County. This ideal will be forwarded to the Tourism Department.

            Colette Eppley introduced Jeran Scott, the recently selected Landfill Supervisor to the Commission. Mr. Scott will start tomorrow at the Landfill.

            Alma Adams reported that he recently found out that the Sheriff’s Department has secured a trailer from FEMA which will be used as a command center in emergency operations.

PUBLIC HEARING 2009 BUDGET AMENDMENT :

            Wayne Smith made a motion to open a public hearing to receive comments regarding proposed amendments to the 2009 adopted budget. Second by Lois Bulloch. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.

             Iron County Auditor, Gene Adams, presented and explained proposed changes in the 2009 budget. The changes result in Commission approved purchases, most notably in the TV Department to purchase TV Translator equipment that will be reimbursed from Federal grants.

            Reed Erickson reported that tax revenue typically comes in the second half of the year and at this time of year, about 35% of revenue has been received. This year we are down slightly. However, this may be made up in the second half of the year.

            Reed also explained that a grant for energy efficiency improvements for the Courthouse and the Fiddlers building has been approved. This will generate $185,000 which will be expended for the upgrades.

            The Commission then asked for public comments. There were none offered by those assembled.

            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 then made a motion to approve the budget amendments as presented by Gene Adams and Reed Erickson including the $185,000 energy grant expenditure. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.

ZONE CHANGE A-20 AGRICULTURAL TO I - INDUSTRIAL :

            A request for a zone change requested by Circle 4 Farms was recalled for action. Circle 4 Farms has requested a change from A-20 Agricultural to I - Industrial . Circle 4 would then like to apply for a conditional use permit to operate a landfill for Circle 4 Farms operations only. The property is located within Sections 4 and 5 of Township 31 South, Range 13 West, SLB&M.

            Reed Erickson reported that the opposition voiced by Beaver County Commissioners with the site which is adjacent to the Beaver County line has not changed. They would prefer a different alternative, however they have not made a viable alternative available within Beaver County. The proposed industrial area is located centrally to Circle 4 operations.

            Chad Nay reported that the proposed zone change was considered by the Planning Commission and after their review, they recommended approval of the change.

            After reviewing the requested zone change, the Commission made the following findings:

            1.         The proposed zone change will not affect the character of the surrounding area.

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

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

            4.         The proposed zone change and proposed use is suitable to surrounding land uses.

            5.         The proposed zone change will not affect uses on adjoining properties.

            6.         The proposed zone change will provide a community benefit by providing a way to dispose of dead animals in emergency situations without dumping in municipal landfills.

            Wayne Smith made a motion to approve the proposed zone change from A-20 Agricultural to I Industrial as recommended by the Planning Commission. Second by Lois Bulloch. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.

PUBLIC COMMENT :

            Beverly Pendleton complained about the maintenance of the Courthouse and grounds. She explained that there are unresolved problems within the building and the grounds are in serious need of work. Instead of being a showcase of maintenance, it looks like there is a complete lack of care. She requested that the Courthouse be maintained to at least the same level as County buildings in Cedar City, since this is the County seat.

DISPOSAL OF UNCLAIMED PERSONAL PROPERTY :

            Michael Edwards reported that police officers associated with the Iron/Garfield Drug Task Force seized $830.00 cash in a drug case. The money has been kept as evidence. Since the case is now complete, the evidence is no longer needed for prosecution. There has been attempts to contact the suspect in the case and he has not responded to claim the money.

            Lois Bulloch made a motion to approve forfeiting the $830.00 cash as provided by Utah State law and to authorize the seized funds to be used in the operation of the Iron/Garfield Drug Task Force. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.

BOARD OF EQUALIZATION ROLL BACK TAX APPEAL :

            Lois Bulloch made a motion to convene as a Board of Equalization to act on an appeal of the removal of property from assessment under the Farmland Assessment Act. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.

            Deputy Auditor Carrie Christiansen, explained that Lowman Nelson and ElRoy Nelson Trust own property adjacent to Bulldog Road and I-15. The property has been used as part of a livestock operation for many years. The property was mined for gravel during the construction of I-15 and thereafter was used for livestock feeding during the fall and spring of each year.

            Last year, as a move to designate ownership in a family operation, the property was split with Lowman Nelson and ElRoy Nelson Trust each receiving a 6 acre parcel. The parcels they received included the gravel pit area. The Assessor’s Office reviewed the parcels and found that the property does not appear to meet the requirements of the FAA and removed the greenbelt designation on May 18, 2009. The Nelson’s timely appealed the removal.

            Lowman Nelson explained that the use of the property has not changed. The County requested that the gravel pit be used to pond flood water in 2005. In order to accommodate the desired result, any topsoil was pushed into a pile so that gravel was on the surface to allow percolation of the flood water back into the groundwater system. This appears to be mining, however it was done as a convenience to the County. The overall use of the property has not changed and will still be used as part of their family livestock operation.

            After reviewing all of the presented facts, Wayne Smith made a motion to approve the return of the two parcels to be assessed under the Farmland Assessment Act. Second by Lois Bulloch. Voting: Alma Adams, Aye; Lois Bulloch, Nay; Wayne Smith, Aye.

            Lois Bulloch explained that she voted Nay because of the recent mining of topsoil and the availability of the pit to the general public for dumping of fill material. The property also appears to be used as an equipment storage area for loaders, trucks, etc.

RESOLUTION 2009-5 INDUSTRIAL REVENUE BOND :

            Robert Holt, Randall Holt, Holt Dairy LLC, and Sheldon Banks, Zions Bank, appeared in person and Blaine Carlton, Ballard Spahr Andrews & Ingersoll, LLC, and Alan Westenkow, Zions Bank joined by telephone to discuss the County participation in issuing industrial revenue bonds through Zions Bank for Holt Dairy LLC to construct solid waste disposal facilities at the Holt Dairy in Newcastle.

            Blaine Carlton explained the purpose of Industrial Revenue Bonds is to provide tax exempt funding for a class of projects authorized under State and Federal laws. Solid waste disposal facilities qualify as a use of the bonds.

            Michael Edwards expressed concern with resolution language which does not address County liability in issuing the bonds. He also asked that additional language be inserted in the resolution addressing liability language to be included on the face of the bonds.

            After reviewing all of the County Attorney concerns, Lois Bulloch made a motion to approve Resolution 2005-9 with the added language requested by the County Attorney. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Nay; Wayne Smith, Aye.

 

RESOLUTION NO. 2009-5

A RESOLUTION OF THE IRON COUNTY COMMISSION

 

A RESOLUTION DECLARING THE INTENTION OF IRON COUNTY, UTAH, TO ISSUE INDUSTRIAL REVENUE BONDS TO BE USED TO FINANCE THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF CERTAIN SOLID WASTE COMPONENTS OF A DAIRY FACILITY FOR HOLT DAIRY, LLC, OR ANY RELATED COMPANY (THE “PROJECT”); AUTHORIZING THE ISSUANCE AND SALE OF SUCH BONDS IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $6,000,000; ESTABLISHING CONDITIONS WHICH MUST BE MET AT OR PRIOR TO THE ISSUANCE OF THE REVENUE BONDS; PROVIDING FOR THE REIMBURSEMENT FROM THE PROCEEDS OF SUCH BONDS OF EXPENDITURES FOR THE PROJECT; PROVIDING FOR A PUBLIC HEARING AND FOR PUBLICATION OF A NOTICE OF THE PUBLIC HEARING; AND RELATED MATTERS.

 

            WHEREAS, Iron County, Utah (the “County”), is authorized by the Industrial Facilities and Development Act, Title 11, Chapter 17, Utah Code Annotated 1953, as amended, (the “Act”) to issue revenue bonds for the purpose of defraying the cost of financing, acquiring, constructing, equipping, and furnishing land, buildings, equipment, facilities, and improvements which are suitable for use for manufacturing or other business purposes; and

            WHEREAS, Holt Dairy, LLC (collectively, with any related parties, the “Borrower”) has submitted an application to the County for consideration and has satisfied all of the requirements outlined in the “County's Guidelines and Policies related to Consideration of Conduit Issuance” on behalf of Industrial Revenue Bond Applicants; and

            WHEREAS, the Borrower has requested that the County adopt a resolution evidencing an intent to issue revenue bonds to finance the acquisition, construction, or equipping by the Borrower of certain solid waste components of a dairy facility and related facilities (the “Project”); and

            WHEREAS, the County has determined that it would be in furtherance of the purpose of the County and the Act to issue not more than Six Million Dollars ($6,000,000) of its Industrial Revenue Bonds, Series 2009 (Holt Dairy Project) (the “Bonds”) to finance the Project to be owned by the Borrower; and

            WHEREAS, the Bonds i) shall be special limited obligations of the County payable solely from and secured by revenues, rights, interests, and collections pledged by the Borrower and shall not constitute nor give rise to a general obligation or liability (legal or equitable) of the County or of the State of Utah or of any subdivision thereof or a charge against its general credit or taxing power, and ii) are not required to be aggregated by the County for purposes of compliance with the “bank qualification” and small issuer requirements under federal tax law; and

            WHEREAS, the County intends to have a public hearing to give interested parties the opportunity to comment on the proposed Project of the Borrower; and

            WHEREAS, the Act provides that a municipality or county may issue revenue bonds for the purpose of using substantially all of the proceeds thereof to pay or to reimburse a business for the costs of the acquisition, construction, and purchasing of the equipment and facilities of a project and that title to or in such equipment and facilities may at all times remain in the company and in such case the bonds of the municipality or county shall be secured by a pledge of one or more notes, debentures, bonds, or other secured or unsecured debt obligations of the company; and

            WHEREAS, this resolution is intended to express an official intent to reimburse (the “Official Intent”) to satisfy the requirements of the Income Tax Regulations of the United States Treasury Department with respect to the issuance of industrial development bonds and the reimbursement of costs paid by the Borrower with proceeds of tax exempt bonds.

            NOW THEREFORE, BE IT RESOLVED by the County Commission of Iron County, Utah as follows:

 

            Section 1. All terms defined in the foregoing recitals hereto shall have the same meanings when used herein.

 

            Section 2. Based on the Borrower's application and compliance with the “Guidelines and Policies related to Consideration of Conduit Issuance,” the Commission hereby finds and determines that it is in the best interests of the County for the County to issue the Bonds for the purpose of financing the Project to be located in the County. The County declares its intention to issue the Bonds in accordance with a final bond resolution (“Final Bond Resolution”) to be adopted at or about the time of the sale of the Bonds, and subject to the terms and conditions of related documents and agreements (the “Bond Documents”) which, in the judgment of the Commission, adequately protect the interests of the County, as approved by the Commission upon the adoption of the Final Bond Resolution.

 

            Section 3. The County will loan the proceeds of the Bonds to the Borrower under terms whereby the Borrower will be obligated, among other things iii) to make payments to the County in amounts and at times sufficient to pay the principal of and premium, if any, and interest on all of the Bonds, and iv) to provide, or cause to be provided collateral or other security to secure payment of the Bonds in such a manner and in such amounts as the purchaser of the Bonds deems appropriate. The County has not authorized the pledge of its credit for the payment of the Bonds or the financing of the Project.

 

            Section 4. Qualified costs to be reimbursed shall be determined in accordance with the provisions of Treasury Regulation Section 1.150-2.

 

            Section 5. Notwithstanding anything herein contained to the contrary, the County shall have no liability to the Borrower for any costs or funds advanced if the Bonds are not issued.

 

            Section 6. A public hearing concerning the Project is hereby scheduled to be held during the meeting of the Commission on September 14, 2009. The County Clerk is hereby authorized to publish in The Spectrum, a “Notice of Public Hearing and Notice of Bonds to Be Issued” at least fourteen (14) days prior to September 14, 2009, the hearing date set forth in said Notice, and the Commission will meet in public session on September 14, 2009, to receive public comments on the proposed issuance of Bonds. The Notice of Public Hearing shall be in substantially the following form:

 

                                                  NOTICE OF PUBLIC HEARING
                                                 OF IRON COUNTY, UTAH, AND
                                              NOTICE OF BONDS TO BE ISSUED

 

            NOTICE IS HEREBY GIVEN that the County Commission (the “Commission”) of Iron County, Utah (the “County”), will meet on September 14, 2009, at 68 South 100 East in Parowan, Utah, in the Commission chambers, at 1:30 p.m., or as soon thereafter as the matter may be heard, for the purpose of conducting a public hearing regarding a proposal by the County that pursuant to the provisions of Title 11, Chapter 17, Utah Code Annotated 1953, as amended (the “Act”), the County issue Industrial Revenue Bonds, Series 2009 (Holt Dairy Project) in the aggregate principal amount of not to exceed Six Million Dollars ($6,000,000) (the “Bonds”) and lend the proceeds of the Bonds to Holt Dairy, LLC, or any affiliate thereof (collectively, the “Borrower”), to pay all or a portion of the costs of acquiring, constructing, and equipping certain solid waste components of a dairy facility and related facilities to be located at approximately 1600 West 400 South, Newcastle, Utah 84756 (the “Project”) which will be owned and used by the Borrower.

 

            The County is authorized to issue the Bonds pursuant to the Act. The Bonds will be special limited obligations of the County payable solely from amounts provided by the Borrower. The Bonds and the interest thereon will not be a debt of the County or of the State of Utah or any political subdivision of the State, and neither the County nor the State of Utah or any political subdivision of the State will be liable thereon. In no event will the Bonds or the interest thereon be payable out of any funds or properties other than those of the County expressly pledged as security for the Bonds. The Bonds will not constitute an indebtedness of the County within the meaning of any constitutional or statutory debt limitation or restriction.

 

            The public hearing is required by the Tax Reform Act of 1986. Interested individuals are invited to express their views, both orally and in writing, on the proposed issue of Bonds and the location and nature of the Project. Comments at the public hearing are invited. Written comments may be submitted to the County Clerk’s office located at 68 South 100 East, PO Box 429, Parowan, Utah 84761 until 5:00 p.m. on September 11, 2009. Additional information may be obtained from the County at its office shown above or by calling (435) 477-8300. Subsequent to the hearing, the Commission will consider approving the issue of the Bonds to finance the Project.

 

            A copy of the proceedings authorizing the issuance of the Bonds, including an authorizing resolution and a loan agreement, are on file in the office of the County Clerk of Iron County at 68 South 100 East, Parowan, Utah 84761 where they may be examined during regular business hours of the County Clerk from 8:30 a.m. to 5:00 p.m. for a period of at least thirty (30) days from and after the date of publication of this notice.

 

            NOTICE IS FURTHER GIVEN that a period of thirty (30) days from and after the date of the publication of this notice is provided by law during which any person in interest shall have the right to contest the legality of the above-referenced resolution, indenture, loan agreement, or the Bonds, or any provision made for the security and payment of the Bonds, and that after such time, no one shall have any cause of action to contest the regularity, formality or legality thereof for any cause whatsoever.

 

            Date: August 10, 2009

 

                                                                        /s/ David I. Yardley  

                                                                        County Clerk

 

 

            Section 7. The Final Bond Resolution and the Bond Documents shall obligate the Borrower to use the proceeds of the Bonds for the project in such a manner that will preserve the tax-exempt status of the Bonds and that will not result in any responsibility for the County to rebate arbitrage earnings to the Internal Revenue Service. Issuance of the Bonds shall be subject to the review and approval by the County of the Bond Documents and satisfaction of the following conditions:

 

            (a.) evidence satisfactory to the Commission that the Project satisfies applicable County, State of Utah, and federal requirements for solid waste disposal facilities that are similar in nature and scope to the Project;

 

            (b.) evidence satisfactory to the Commission that the Borrower has received an allocation of “volume cap” from the State of Utah for the Project as required by Section 146 of the Internal Revenue Code of 1986, as amended;

 

            (c.) evidence satisfactory to the Commission that the Borrower has title to the land upon which the Project will be constructed and that the Borrower has received all necessary approvals from any County, State of Utah or Federal authority to proceed with construction of the Project;

 

            (d.) a legend shall be placed on all of the Bonds that states that the Bonds shall be special limited obligations of the County payable solely from and secured by revenues, rights, interests, and collections pledged by the Borrower and shall not constitute nor give rise to a general obligation or liability (legal or equitable) of the County or of the State of Utah or of any subdivision thereof or a charge against its general credit or taxing power;

 

            (e.) a letter from Zions First National Bank and addressed to the Commission, which letter states in effect that the Bonds will not give rise to a general obligation or liability of the County or a charge against is general credit or taxing power and that the issuance of the Bonds will not adversely impact the ability of the County to issue bonds or incur other obligations; and

 

            (f.) a letter from the purchaser of the Bonds that states in effect that such purchaser is purchasing the Bonds for it own account and is not looking to sell or distribute the Bonds to other investors and that in the event that a default in the payment arises with respect to the Bonds, such purchaser will only look to the Borrower to remedy or cure such default.

 

            Section 8. The officers, employees and agents of the County are hereby authorized to work with the Borrower and others to prepare, for submission to the County, all documents necessary to effect the authorization, issuance and sale of the Bonds.

 

            Section 9. Any costs incurred by the County in the issuance of the Bonds shall be paid by the Borrower.

 

            Section 10. If any provisions of this Resolution should be held invalid, the invalidity of such provision shall not affect the validity of any of the other provisions of this Resolution.

 

            Section 11. The appropriate County officials are hereby authorized and directed to execute and deliver on behalf of the County any additional certificates or documents that they may deem necessary or appropriate in order to implement and carry out the matters authorized in this Resolution.

 

            Section 12. No member of the Commission or employee of the County has any interest, direct or indirect, in the transactions contemplated by the County as described herein.

 

            Section 13. All resolutions of the County or parts thereof, inconsistent herewith, are hereby repealed to the extent only of such inconsistency.

 

            Section 14. This Resolution shall become effective immediately upon its adoption.

APPROVED AND ADOPTED by the County Commission of Iron County, Utah, on this 10th day of August, 2009.

 

COUNTY COMMISSION OF IRON COUNTY, UTAH:

 

(SEAL)

 

By:

Alma L. Adams, Chair

ATTEST:

By:

      David I. Yardley

      County Clerk

 

PERSONNEL MATTERS :

            Colette Eppley presented for approval the following new employees: Nick Ervin, on call Paramedic; Justin Topham, on call EMT Intermediate; Joanna Ridgeway, on call EMT Basic; and Aubrey Reynolds, on call EMT Basic. Wayne Smith made a motion to approve the new employees as presented. Second by Lois Bulloch. Voting: Alma Adams, Aye; Lois Bulloch, Nay; Wayne Smith, Aye.

            Colette presented the following volunteers for approval; Paul Christensen, Newcastle Fire Dept.; Thomas Cluff, Newcastle Fire Dept.; Sam Taylor, Newcastle Fire Dept.; and Richard Lower, Hamblin Valley Fire Dept. Lois Bulloch made a motion to approve the volunteer fire fighters as presented. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Nay; Wayne Smith, Aye.

            Colette presented for approval Johnny Young as a Workforce Service Volunteer to be paid by Workforce Service for work in the Parks and Recreation Department. Lois Bulloch made a motion to approve Johnny Young as a volunteer through Workforce Services. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Nay; Wayne Smith, Aye.

            Colette presented position justifications and workforce assessments for a Lead Evidence Technician at the Sherif’s Office and a Board of Equalization Assistant Clerk in the Auditor’s Office. Lois Bulloch made a motion to approve the two position justifications and workforce assessments as presented. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Nay; Wayne Smith, Aye.

 

2009 BUDGET REVIEW BY DEPARTMENT :

            Iron County Auditor, Gene Adams, reviewed by Department current budget status as of June 30, 2009. He explained that revenue in 2009 is 8.5% less than at this same time in 2008. He pointed out budgets that appear to be over budget for the amount of year left. Some of these apparent problems stem from payments made in January for the entire year.

The Commission requested that Department Supervisors be very careful in expenditures to help the County stay within budget for the current year.

ESTIMATE FOR A PROPOSED ASSESSMENT AREA :

            Steve Platt presented an estimate on the cost to bring to a gravel standard, roads on 8100 West; 8900 West; 1800 South; and 2200 South in Cedar Valley. The area is located West of Quichapa lake. He estimated the cost to be $490,262.00 which would be divided between 35 property owners. Estimated cost per property owner would be $14,007.

            The Commission discussed the procedure for establishment of an assessment area. Because it has been several years since the original request for a Special Improvement District was made, Reed Erickson volunteered to write a letter to current property owners to determine if the interest is still there under current guidelines and estimates to proceed with the assessment area.

CLOSED SESSION :

            Lois Bulloch made a motion to convene in a closed meeting to be conducted in accordance with Utah Code 52-4 et. seq. for the purpose of a strategy session to discuss pending or reasonably imminent litigation. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Nay; 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 a strategy session to discuss pending or reasonably imminent litigation.

            Dated this day of , 2009.

 

Signed: Alma L. Adams, Chairman

                                                          

Attest: David I. Yardley

County Clerk

            After reconvening in open session, the Commission reported that negotiations regarding a pending lawsuit were discussed. Negotiations are not for public record at this time.

PRAIRIE DOG MATTERS :

            A proposed minor amendment to the prairie dog HCP which explained procedure for dealing with illegal take was discussed and approved on a motion by Wayne Smith. Second by Lois Bulloch. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.

            The amendment has also been approved by US Fish and Wildlife and Utah Division of Wildlife Resources.

LEASE AMENDMENT APPROVALS :

            A lease amendment between Iron County and the State Division of Facilities Construction and Management (DFCM) for space at the Visitor Center office complex for the Division of State Parks and Recreation and ratification of lease amendment # 3 with DFCM for space occupied by the Division of Forestry Fire and State Lands were presented for approval. The two State agencies have traded office space due to changes in staffing. They will continue to occupy the total space within the facility.

            Lois Bulloch made a motion to approve the changes and authorize the Commission Chair to execute the lease amendments. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.

CEDAR BREAKS PARK PROPOSAL :

            Reed Erickson requested that the Commission schedule a work meeting closed to the public, with property owners which would be affected by a proposal to add additional property to the boundaries of Cedar Breaks National Monument and to designate Cedar Breaks as a National Park. He suggested that the Commission schedule time after the next regular Commission meeting as a meeting time. The public will be invited to a public hearing regarding the proposal at a later date.

ADJOURN :

            The meeting was adjourned at 3:00 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