IRON COUNTY COMMISSION MEETING
September 28, 2009
Minutes of the Iron County Commission meeting convened at 9:00 a.m. September 28, 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
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 September 14, 2009
CALENDER SCHEDULE COORDINATION
ORDINANCE 2009-2 ZONING ORDINANCE AMENDMENT
PRAIRIE DOG MITIGATION TAKE DISTRIBUTION
PUBLIC HEARING ZONING ORDINANCE AMENDMENT
PURCHASE OF TWO DUMP TRUCKS FOR ROAD DEPARTMENT
QUALITY CRUSHING CONTRACT APPROVAL
RESOLUTION 2009-7 APPLICATION PROCEDURE FOR ASSESSMENT AREA
Those assembled were led in the pledge of allegiance by Dennis Ayers.
APPROVAL OF MINUTES September 14, 2009 :
Minutes of the Iron County Commission meeting held September 14, 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.
Debbie Johnson reported that Simplifile installation appears to be moving ahead. A contract for service has been prepared which was given to the County Attorney’s Office for review.
Dennis Ayers reported that Board of Equalization hearings are continuing this week and next. Prairie dog contaminated properties will be evaluated after a ruling from the State Tax Commission after an appeal ruling has been reviewed for it’s impact on property values.
Geri Norwood reported that the Treasurer’s office is working on tax notice files. Special assessments are being added and final calculation will be processed as soon as Board of Equalization has been completed and approved.
Mark Gower reported that a prisoner went violent and caused about $250 damage to the jail. The Sheriff’s Association also met at the UAC offices in Salt Lake City to discuss “condition of probation” use of the jail. The State is cutting back on funding those prisoners which have been sentenced to prison but spend up to 1 year in the County jails.
Gene Adams reported that the independent audit has been completed with the exception of some grant reviews. The focus of the Auditor’s office at this time is Board of Equalization and 2010 budgets.
Jared Wilson reported that Data Processing was working on new software for mapping and that the Commission agenda application is now available on line on the County website.
Margaret Miller reported that the Justice Court is working on their backlog of cases and attempting to keep current on prosecution to avoid dismissal for lack of prosecution.
Reed Erickson reported that bid documents have been prepared and published for replacement of the north Courthouse steps and for upgrades to the HVAC system.
Reed also reported that SR 143 is on the list to be designated as a national scenic byway. This designation has attracted additional use by tourists for other highways with this designation which will help tourism in Iron County.
David Yardley reminded Departments that documentation for agenda items must be submitted with the application so that copies of action requested can be distributed to the Commission prior to the scheduled meeting.
Lois Bulloch discussed the need to cooperate with the 2010 census to get accurate population figures for Iron County. Some federal and state programs are based on population which could impact eligibility to participate for ten years.
Lois also reported on the Public Lands Day celebration at Three Peaks. Participation was excellent and many projects were completed. Illegal dumping is still a problem in the area.
Alma Adams reported on proposed changes in the retirement system to migrate to a contributory system. He also reported that TV equipment was being upgraded through all of the County TV sites to High Definition from analog. This was accomplished through a reimbursement grant.
Wayne Smith reported that a majority of the roads claimed under RS 2477 are not disputed. There are some Counties still working on documentation of roads existing prior to 1976, the cutoff date for RS 2477.
Allen Nielsen, a property owner, met with the Commission to express concern with property tax rates. He stated that his taxes on his home and property are increasing even though the value is going down. In tough economic times, tax rates and services should be reduced to alleviate the burden on taxpayers.
The Commission explained the tax system which provides that the total tax amount for the County has not been increased, however there may be tax shifts due to reappraisals and reductions in centrally assessed values. The Commission assured Mr. Nielsen that County budgets are being watched very carefully in response to revenue projections and economic conditions.
Neil Forsyth, Iron County Road Supervisor, met with the Commission to request approval of a line item adjustment to allow for the purchase of an asphalt zipper attachment to be used in road maintenance. He explained that the equipment was not anticipated however there are funds available for the majority of the purchase with a portion coming from the 2010 projected budget to complete the payment.
Wayne Smith made a motion to approve the purchase as presented with $100,000 coming from the 2009 Road equipment budget and the remainder coming from the 2010 equipment budget. Second by Lois Bulloch. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
PURCHASE OF TWO DUMP TRUCKS FOR ROAD DEPARTMENT :
Neil Forsyth, Iron County Road Supervisor, also requested approval to order two ten wheel heavy dump trucks from the 2010 budget. He explained that new Federal regulations which take effect on January 1, 2010 will decrease available horsepower on the trucks and the current engines will not be available. The purchases will not be completed until the next budget year but the vehicles would be ordered now.
Wayne Smith made a motion to approve ordering the two dump trucks requested to be purchased from the 2010 budget. Second by Lois Bulloch. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
Reed Erickson, County Administrator, presented a draft travel policy for review. The amendments which have been made were reviewed which included travel authorization by Department Supervisors outside of the County to be approved by their respective Commission Liaison. Elected Officials will approve travel for employees in their respective departments.
The Commission stressed that they would like transparency in travel so that the public will be able to know of travel authorized by taxpayer funds. Department supervisors and elected officials stated that they currently provide all of the information in travel reimbursement requests so the new policy would not be a change. The only difference will be in submitting travel vouchers prior to meetings.
The matter was tabled to allow for further refinement. Mr. Erickson will distribute a new draft for review prior to the next Commission meeting.
PRAIRIE DOG MITIGATION TAKE DISTRIBUTION :
Adam Kavalunas. Representing DWR, HCP Administration, met with the Commission to allocate permanent take for 2009. Two applications for approval were presented:
Phil Schmidt 1 Acre 5 prairie dogs
Rob Bernhardi 1.39 Acres 13.9 prairie dogs
Lois Bulloch made a motion to approve the permanent take as presented and to waive current policy to allow Rob Bernhardi to proceed with his project by granting 3.9 take above the standard limit of 10 dogs per application. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
Wayne Smith made a motion to ratify an emergency non permanent take of 1 prairie dog to Rocky Mountain Power to locate an underground short in an electrical service line. Second by Lois Bulloch. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
Colette Eppley reported that the Victim Services Coordinator, Laura Lee, has resigned her position in the County Attorneys Office. Colette presented for approval a Position Justification and Workforce Assessment for the position of a Victim Services Coordinator. This will be a replacement position at the same grade as a legal secretary. Lois Bulloch made a motion to approve the Position Justification and Workforce Assessment as presented. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
Colette also presented a status change for two employees, Larry Lanier was approved to change from Corrections Officer to Temporary Sheriff Detective on a motion by Lois Bulloch. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
Shawn Coston was approved to transfer from a Sheriff Patrol Deputy to Drug Court Tracker effective August 17, 2009 with a two grade increase from Grade 17 to Grade 19 on a motion by Wayne Smith. Second by Lois Bulloch. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
Colette presented for approval volunteers in the Council on Aging organization; Brianne Noyes, Enid Bassett, Carlotta McCarroll, Frances Moxley and Lynnette Chapman. Lois Bulloch made a motion to approve the volunteers in the Council on Aging as presented. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
Colette presented position descriptions for a Deputy Recorder II/Ownership within the Recorder’s office and a Victim Services Coordinator in the Attorney’s office. Wayne Smith made a motion to approve the position descriptions as presented. Second by Lois Bulloch. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
Wayne Smith made a motion to convene in closed session for the purpose of a strategy session to discuss pending or reasonably imminent litigation. Second by Lois Bulloch. 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 a strategy session to discuss pending or reasonably imminent litigation.
Dated this 28th day of September , 2009.
Signed: Alma L. Adams, Chairman
Attest: David I. Yardley
County Clerk
PUBLIC HEARING ZONING ORDINANCE AMENDMENT :
Lois Bulloch made a motion to open a public hearing to receive comments regarding amendments to the Iron County Code Chapter 16.04, the “General Provision” section of the Subdivision Ordinance. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
Todd Stowell reported that the 2009 Legislature passed a bill in the first special session which allows a 1 acre per 100 acre minor lot split without meeting all of the County subdivision requirements. Because of the passage of this bill which took effect July 1, 2009, the Iron County Code is in need of amendment to allow this type of minor lot subdivision. By passage of Ordinance 2009-2, the County Code will be in compliance with State law.
There were no additional public comments whereupon Wayne Smith made a motion to close the public hearing. Second by Lois Bulloch. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
Lois Bulloch then made a motion to adopt Iron County Ordinance 2009-2 as follows and as presented. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
ORDINANCE 2009-2 ZONING ORDINANCE AMENDMENT :
IRON COUNTY, UTAH
ORDINANCE 2009-2
AN ORDINANCE OF IRON COUNTY, UTAH, AMENDING IRON COUNTY CODE SECTION 16.04, GENERAL PROVISIONS; AS HEREIN DESCRIBED.
Whereas, in the first special session of the 2009 legislature, HB1001, was passed and signed into law, which law modifies county land use provisions relating to subdivisions;
Whereas, said law authorizes an owner of at least 100 contiguous acres of agricultural land within a county of the third, fourth, fifth, or sixth class to divide from the land a single lot without complying with subdivision plat requirements or county subdivision ordinances; and
Whereas, said law prohibits a county of the third, fourth, fifth, or sixth class from denying a building permit to an owner of a minor subdivision lot if the lot meets the county's reasonable health, safety, and access standards that the county has established and made public.
Whereas, the Board finds it necessary to define and establish that “reasonable health, safety, and access standards” as set forth in UCA 17-27A-605(4)(e)(2) includes all land use, building, fire, health, safety, and access standards that would be applicable to legal lots of record;
Whereas, several other sections of the Land Use Development and Management Act (UCA 17-27A) subdivision regulations have been amended, which changes need to be reflected in the County Code;
Whereas, the Iron County Planning Commission and Iron County Board of County Commissioners have both held properly advertised and noticed public hearings for the purpose of receiving comment on the proposed amendments;
Whereas, the Planning Commission recommends approval of the amendments, as proposed;
NOW THEREFORE, the County Legislative Body of Iron County ordains as follows:
Section 1. Iron County Code Section 16.04, General Provisions, is hereby amended as depicted in Exhibit “A”.
Section 2. Severability.
Should any portion of this ordinance be found for any reason unconstitutional, unlawful, or otherwise void or unenforceable, the balance of the ordinance shall be severable therefore, and shall survive such declaration, remaining in Full force and effect.
Section 3. Effective Date.
This ordinance shall become effective October 1, 2009, or upon its publication in a newspaper of general circulation, whichever is later, as permitted by UCA 17-53-208(6).
Passed and adopted by the Board of County Commissioners of Iron County, Utah this 28th day of September, 2009.
Iron County Board of County Commissioners
Alma L. Adams, Chair
ATTEST:
_______________________________
David I. Yardley, County Clerk
VOTING: Yea Nay
Alma Adams X _____
Wayne Smith X _____
Lois Bulloch X _____
EXHIBIT “A”
Chapter 16.04 GENERAL PROVISIONS
16.04.040 Jurisdiction and Enforcement.
16.04.060 Definition of subdivision and applicability.
16.04.070 The 100-acre minor lot subdivision.
16.04.010 Short title.
This chapter shall be known and may be cited as the “Iron County Subdivision Ordinance” and may be identified within this document as “the ordinance codified in this chapter,” “this chapter,” “subdivision ordinance” or “Iron County subdivision ordinance.” (Ord. 167 § 2 (part), 2000)
This chapter is established to provide for the orderly division of land within the unincorporated area of Iron County, to secure the provision of necessary private and public infrastructure and services, and to promote the health, safety and welfare of residents of Iron County. (Ord. 167 § 2 (part), 2000)
This chapter is enacted and authorized under the provisions of Title 17, Chapter 27a, County Land Use, Development, and Management Act, Utah Code Annotated, 1953, as amended.(Ord. 167 § 2 (part), 2000)
16.04.040 Jurisdiction and Enforcement.
This chapter shall govern and apply to the subdivision, platting and recording of all lands lying
within the unincorporated area of Iron County, Utah.
No person shall subdivide any land, except in compliance with this chapter; the Iron County
zoning ordinance; Title 17, Chapter 27a, County Land Use, Development, and Management Act,
Utah Code Annotated, 1953, as amended; and other applicable local, state and federal laws. Any
plat or survey of a subdivision, filed or recorded without the approvals required by the
applicable provisions of this chapter, is void for the purposes of development, or the issuance of
a building permit; and a transfer of land pursuant to any such void plat is voidable, as specified
by Section 17-27a-601 et seq., Utah Code Annotated, 1953, as amended.
No building permit shall be issued by the county for any lot or parcel of land, located wholly or
in part within the unincorporated area of Iron County, unless such lot or parcel has been legally
created, or was a lot of record existing prior to August 14, 2000.
Any owner, or agent of the owner, of any land located in a subdivision, as defined in this title,
who transfers or sells any land located within the subdivision before the subdivision has been
approved and recorded, consistent with the requirements of this chapter, is in violation of this
chapter, and state law at Section 17-27a-601et seq., Utah Code Annotated, 1953, as amended,
and other applicable local, state and federal laws for each lot or parcel transferred or sold.
A subdivision created by a metes and bounds description in the instrument of transfer, or other
documents used in the process of selling or transferring property, does not exempt the transaction
from compliance with the applicable provisions of this chapter, nor shall such action be exempt
from the penalties or remedies provided by this chapter and other local, state and federal laws if it
is in violation thereof.
As provided in Section 17-27a-802, the county, or any adversely affected owner of real estate
within the county in which violations of this chapter occur or are about to occur, may, in addition
to other remedies provided by law, institute: injunctions, mandamus, abatement, or any other
appropriate actions; or, proceedings to prevent, enjoin, abate, or remove the unlawful building,
use, or act. The county need only establish the violation to obtain the injunction.
(Ord. 167 § 2 (part), 2000)
Any person, organization, corporation, or other entity who violates any provision of this title shall be guilty of a Class C misdemeanor and is punishable by a fine, imprisonment, or both, as determined by a court of competent jurisdiction. (Ord. 167 § 2 (part), 2000)
16.04.060 Definition of subdivision and applicability.
For the purposes of this chapter “subdivision” means:
Any land that is divided, re-subdivided or proposed to be divided into two or more lots, plots,
parcels, sites, units, or other division of land for the purpose, whether immediate or future, for
offer, sale, lease, or development either on the installment plan or upon any and all other plans,
terms and conditions.
Subdivision includes: the division or development of land whether by deed, metes and bounds
description, devise and testacy, lease, map, plat, or other recorded instrument; and, except as
specified below, divisions of land for residential and nonresidential uses, including land used or
to be used for commercial, agricultural, and industrial purposes.
Subdivision does not include:
A. A bona fide division or partition of agricultural land for agricultural purposes, as defined at Section 59-2-502 et seq., Utah Code Annotated, 1953, as amended, which results in all parcels complying with the lot size requirements of the zoning district in which they are located. Bona fide division for agricultural purposes does not include the division of any lands that are currently used, or will be used, for any nonagricultural purpose, such as any building, structure or improvement used as or associated with a single-family dwelling unit, recreational use, cabin, or other residential, commercial or industrial use. Any lot or parcel created pursuant to this provision shall not qualify for the issuance of a building permit or other development permit to establish a nonagricultural use; provided, a plat may be completed to create the lot for nonagricultural purposes, pursuant to the applicable platting process of this chapter, when the division complies with zoning and applicable development standards.
B. A recorded agreement between owners of adjoining properties adjusting their mutual boundary, if:
1. No new lot is created; and
2. The adjustment does not result in a violation of applicable land use ordinances.
C. A recorded document, executed by the owner of record:
1. Revising the legal description of more than one contiguous unsubdivided parcel of property into one legal description encompassing all such parcels of property; or,
2. Joining a subdivided parcel of property to another parcel of property that has not been subdivided, if the joinder does not violate applicable land use ordinances.
D. A bona fide division or partition of land for the purpose of siting, on one or more of the resulting separate parcels:
1. An unmanned facility appurtenant to a pipeline owned or operated by a gas corporation, interstate pipeline company, or intrastate pipeline company; or,
2. An unmanned telecommunications, microwave, fiber optic, electrical, or other utility service regeneration, transformation, retransmission, or amplification facility.
E. A recorded agreement between owners of adjoining subdivided properties adjusting their mutual boundary if:
1. No new dwelling lot or housing unit will result from the adjustment; and,
2. The adjustment will not violate any applicable land use ordinance;
The joining of a subdivided parcel of property to another parcel of property that has not
been subdivided does not constitute a subdivision under this subsection, as to the unsubdivided
parcel of property or subject the unsubdivided parcel to this chapter.
For the purposes of this chapter, “development” shall be, and shall mean:
Any use or activity proposed for any land, lot, building or structure that requires the issuance of a
building or other development permit, as required by the adopted building or land use codes of
the county. (Ord. 199 § 1 (part), 2004; Ord. 167 § 2 (part), 2000)
16.04.070 The 100-acre minor lot subdivision.
The State Legislature in the 2009 1st Special Session passed House Bill 1001, which was subsequently signed into law to authorize the owner of at least 100 contiguous acres of agricultural land to divide from the land a single lot without complying with subdivision plat requirements or county subdivision ordinances. Although this provision is referred to as a “Minor Lot Subdivision” in that legislation [UCA 17.27a.605(4)], it is not to be confused with the minor lot subdivision regulations found in Iron County Code 16.20, as the definitions for such, and the related processes and requirements, vary significantly. For purposes of attempting to avoid confusion, the following provisions will be referred to as “The 100-acre minor lot subdivision”. The definitions established herein do not apply outside of this section.
A. As used in this Subsection (16.04.070) only:
1.“Agricultural land” is as defined in Section 59-2-502 et seq., Utah Code Annotated, 1953, as amended.
2."Divided land" means land that:
a.is described as the land to be divided in a notice under Subsection
(B)(2); and
b.has been divided by a minor subdivision, as defined in this
subsection.
3."Land to be divided" means land that is proposed to be divided by a minor subdivision, as defined in this subsection.
4."Minor subdivision" means a division of at least 100 contiguous acres of agricultural land in a county of the third, fourth, fifth, or sixth class to create one new lot that, after the division, is separate from the remainder of the original 100 or more contiguous acres of agricultural land.
5."Minor subdivision lot" means a lot created by a minor subdivision, as defined in this subsection.
B. Notwithstanding Sections17-27a-603and17-27a-604, Utah Code Annotated, 1953, as amended, and the corresponding provisions of the Iron County Subdivision Code, an owner of at least 100 contiguous acres of agricultural land may make a minor subdivision by submitting for recording in the office of the recorder of the county in which the land to be divided is located:
1. a recordable deed containing the legal description of the minor subdivision lot; and
2.a notice:
a. indicating that the owner of the land to be divided is making a minor subdivision;
b. referring specifically to UCA 17.27a.605(4) and/or Iron County Code 16.04.070 as the authority for making the minor subdivision; and
c. containing the legal description of:
I. the land to be divided; and
ii. the minor subdivision lot.
C. A minor subdivision lot:
1.may not be less than one acre in size;
2.may not be within 1,000 feet of another minor subdivision lot; and
3.is not subject to the subdivision ordinance of the county in which the minor subdivision lot is located.
D. Land to be divided by a minor subdivision may not include divided land.
E. Once the minor subdivision lot is established, it shall be treated as a legal lot of record, and be subject to all land use, building, fire, health, safety, and access standards otherwise applicable to legal lots of record. The requirements are triggered with the development of the lot and issuance of a building permit. The county may not deny a building permit to an owner of a minor subdivision lot based on the lot's status as a minor subdivision lot—only on lack of compliance with adopted land use, building, fire, health, safety and access standards applicable to legal lots of record.
F. Use of the 100-acre minor subdivision provision is not authorized unless the property meets all requirements herein. Lots improperly created through this provision constitute a violation of the subdivision ordinance, subject to enforcement and penalty as set forth in Iron County Code 16.04.040 and 050.
RESOLUTION 2009-7 ASSESSMENT AREA APPLICATION :
Todd Stowell, Iron County Circuit Planner, presented a draft of Resolution 2009-7 which provides guidelines for applying for a special assessment area for improvements within the unincorporated areas of the County. After reviewing the document and suggesting some amendments, the matter was tabled to allow for the amendments to be drafted into the document. The matter will be recalled at a later meeting for approval.
QUALITY CRUSHING CONTRACT APPROVAL :
Steve Platt, Iron County Engineer, presented for approval a contract for crushing road material at the Parowan pit by Quality Crushing. Steve suggested that in negotiations with owners of Quality Crushing, they have requested to crush an extra 1,000 yards of material in exchange for waiving the performance bond requirement. This is a procedure which has been approved in past contracts with Quality Crushing.
Wayne Smith made a motion to approve the amendment to the contract to allow for an extra 1,000 yards of material to be crushed and waive the bonding requirement provided that payment not be made to the contractor until the crushing has been completed and measured to insure that quantities are met as required in the contract. Second by Lois Bulloch. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
Mike Worthen and Reed Erickson presented to the Commission a preliminary draft of a paper titled “Prairie Dog Issues” in need of resolution prior to adopting the new prairie dog HCP. The paper will be circulated to organizations involved in approving the HCP for their comments and suggestions.
The Commission reviewed results of the public hearing and comments received regarding a proposal to request Senator Bennett to push for an expansion of Cedar Breaks National Monument to include the Ashdown Gorge Wilderness Area and Flanigans Arch into a National Park. The Commission noted that there is a major concern with adjacent private ownership parcels which would require easements or purchase, the effect the park designation would have on existing National Forest livestock permits, the ability to manage natural resources, and the economic benefits to Iron County.
Crystal Bundy commented that the County has many natural resources available, by designating the area as a National Park the pattern in the past has been to create a clear area surrounding the park, in effect expanding to boundaries to limit development of the resources available. She questioned if this is in the best interest of the majority of County residents.
After reviewing concerns, it was determined to not forward a recommendation to proceed with a National Park designation to Senator Bennett.
CALENDER SCHEDULE COORDINATION :
Reed Erickson coordinated calendars with the Commissioners for the next two weeks.
ADJOURN :
The meeting was adjourned at 4:10 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