IRON COUNTY COMMISSION MEETING
December 7, 2009
Minutes of the Iron County Commission meeting convened at 9:00 a.m. December 7, 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 :
ADOPT 2010 COMMISSION MEETING SCHEDULE
APPROVAL OF MINUTES November 23, 2009
BOARD OF EQUALIZATION ABATEMENT APPROVALS 1 2
BOARD OF EQUALIZATION MATTER -CLOTHIER VALUATION REQUEST
BOARD OF EQUALIZATION TAX EXEMPTION REQUEST
CALENDER SCHEDULE COORDINATION
MULTI-JURISDICTIONAL HAZARD MITIGATION PLANNING
PUBLIC HEARING - PROPOSED 2010 BUDGET
REVIEW DRAFT AGREEMENT FOR AQUATIC CENTER FUNDING
Those assembled were led in the pledge of allegiance by Wayne Smith.
APPROVAL OF MINUTES November 23, 2009 :
Minutes of the Iron County Commission meeting held November 23, 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.
Lois Bulloch commented that today is the anniversary of the bombing of Pearl Harbor by the Japanese during the second world war. This event propelled the United States into the fighting and resulted in a huge loss of life including many men from Iron County.
Lois also reported that the Cedar City library will be celebrating their centennial on December 15 with a program between 6:00 p.m. and 8:00 p.m. The public is invited to participate.
Reed Erickson reported that a road in Allard Ranch Subdivision which connects to State Division of Wildlife property is currently a two track road and no attempt has been made to restrict access across this lot. The subdivision plat also provides a platted right of way for perpetual access across the side and back of the existing lot.
Reed also discussed a concern voiced by Brian Head of County residents dumping trash in Brian Head dumpsters. Brian Head is requesting the County reimburse them for the cost of hauling this waste. David Yardley responded that an interlocal agreement was reached in the early 1990's at which time Brian Head officials stated they would rather have waste placed in their dumpsters than left along the side of the road. The County also provides roll off boxes on the mountain during the summer months to collect County waste.
Wayne Smith reported that he has been in Washington DC on business. He noted that Tyler Owens from Senator Bennett’s office is no longer available to work on Prairie Dog issues. A replacement on Senator Bennett’s staff has not been appointed.
Alma Adams discussed the “County Seat” program which was presented at the UAC annual convention and the request for funding from some Counties. The matter will be referred to Maria Twitchell to determine if this is something which could be funded through the Transient Room Tax.
PUBLIC HEARING - PROPOSED 2010 BUDGET :
Lois Bulloch made a motion to open a public hearing to review the proposed budget of Iron County being considered for adoption for calendar year 2010 and to receive public comments about the proposed budget. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
Reed Erickson, County Administrator, explained that the concern for 2010 is to bring expenditures in line with expected revenue. It is anticipated that revenue will be down significantly due to the down turn in the economy and no new growth. Because of budget implications, the County has opted to not fill some positions as they become vacant and to examine all employee requests on a department by department review.
Reed also explained that Payment In Lieu of Taxes (PILT)was fully funded this year, the first time since being adopted in the 1970's. The County is taking this into consideration and not fully committing this fund in future budgets. Capital projects will also be looked at very carefully, including the purchase of vehicles and building improvements.
Don Young questioned a transfer of revenue from the General Fund to the Municipal Service Fund. The Commission explained that some PILT funds were transferred.
Jennifer Weaver asked what capital improvements were being considered in this budget year. The Commission responded that vehicle purchases and some building maintenance and improvement projects were being considered.
Wendell Shallenburger questioned capital fund expenditures in 2009. The Commission explained that the County vehicle purchase policy was set up to pay for vehicles over a three year period. In 2009 due to full funding of PILT, the vehicles were paid in full which showed an additional expense.
Don Young questioned what he determined was an additional 1.8 million in revenue in 2008 that does not show in the 2009 budget. Reed Erickson explained the reserve fund and that all funds were properly accounted for in previous years.
Mr. Young suggested that the County cut taxes by the 1.8 million from 2008 revenue. The Commission explained that the County is not hiding funds but that all revenues are being used to provide County services to the residents of the County.
Sam Kravetz asked what the County was doing to reduce expenditures. The Commission explained that employees were not given a salary increase or cost of living increase this year and that Departments have been requested to reduce or maintain expenditures at 2009 levels.
Martha Kravetz “thanked the Commission for holding the public hearing during working hours so most people could not attend, for not providing a loudspeaker so people in the back could hear all of the conversation, and for giving Mr. Erickson 45 minutes of the public hearing to explain the County revenue projections.”
Wendell Shallenburger questioned why there has not been a reduction in County employees if the County is in such terrible financial condition. Colette Eppley explained that there have been reductions that do not appear on the form Mr. Shallenburger requested from her office. The information he was given was of employees hired in positions that are essential to the operation of the different departments. There are positions where people have been moved or replacements not hired to fill positions.
Don Young requested that the County fund the Volunteers in Police (VIP) program requested by the Sheriff and requested that the Cooperative Recreation Fund be moved from the Municipal Service Fund to the Restaurant Tax Fund or the Transient Room Tax Fund.
The Commission explained that the request by the Sheriff to fund the VIP program was presented without all of the costs being included. The matter was turned back to the Sheriff to gather data on actual costs including uniforms, vehicles, training, fuel, and equipment. At this time this information has not been presented.
The Commission also explained that the Cooperative Recreation Fund is paid so that unincorporated County residents can be allowed to participate in City sponsored activities and the funds are used for maintenance of facilities. It qualifies as an expense that belongs in the Municipal Service Fund.
Wendell Shallenburger questioned why the Municipal Service Fund was established and why an additional tax was imposed to pay for the costs of the fund. The Commission explained the Legislative reasoning behind establishing the requirement to pay for municipal type services from funds other than general tax funds, stating that this would be unfair taxation of municipal residents that are taxed to pay for the same type of services by the municipalities.
Von Cluff asked what PILT stood for and where it is funded from. Commissioner Adams explained that PILT is payment in lieu of taxes paid by the Federal Government to County with Federal lands i.e. BLM to pay for services such as fire, road maintenance, law enforcement, etc. since the Federal Government is exempt from paying taxes.
Craig Spitler questioned the sufficiency of the notice of the public hearing. David Yardley explained that the notice was published in the Spectrum, a newspaper with general circulation within Iron County and was published on the State public notice website. It was also distributed to all of the known newspapers operating within Iron County and to all of the broadcast outlets. It was also posted at all of the County buildings and was distributed to all of the municipalities within the County.
After all public comments were received, Lois Bulloch made a motion to close the public hearing. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
Lois Bulloch made a motion to convene as a Restaurant Tax Board to consider funding requests for 2010 budget year. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith; Aye, Rusty Aiken, Aye; Maria Twitchell, Aye.
The following groups and individuals made a funding request for 2010:
Southern Utah University requested $1,000,000 for construction of a 28,000 sq ft Southern Utah Museum of Art.
Utah Shakespearean Festival requested $125,000 for completion of Seminar Grove and expansion of storage facility.
Enoch City requested $10,900 for construction of rest rooms and concession facilities at the Enoch City Recreation Complex.
Southwest Wildlife Federation requested $7,500 to construct a foot bridge across Coal Creek.
The Cedar Rotary Club requested $5,000 for completion of the World War I Memorial at Veterans Park in Cedar City.
Parowan City requested $30,000 for landscaping at Valentine Peak Recreation Area.
Parowan City requested $105,000 for lighting of one ball field at Valentine Peak Recreation Area.
Parowan City requested $46,700 to refinish floors and repair insulation at the Fairgrounds Exhibition Building.
Iron County Fair requested $60,000 for construction of new bleachers at the Iron County Fairgrounds.
Maria Twitchell then reported that the Restaurant tax fund contains $190,000 of uncommitted funds available for 2010 to fund the above listed requests.
Wayne Smith made a motion to adjourn the Restaurant Tax Board and to take the above requests under advisement. The matter will be placed on the next Commission agenda for final approval. Second by Rusty Aiken. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith; Aye, Rusty Aiken, Aye; Maria Twitchell, Aye.
Colette Eppley presented a job description for approval for the Joint Major Crimes Task Force Secretary II. Lois Bulloch made a motion to approve the job description as presented. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
Colette also presented for approval Melissa Montiano for a promotion to the Joint Major Crimes Task Force Secretary II position effective January 1, 2010. The position would be for the life of the grant with no guarantee of a position with the County when funding is completed. Lois Bulloch made a motion to table action on the promotion until a contract with Beaver County is finalized and grant funds guaranteed. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
Colette presented workforce assessments for approval for a replacement Ambulance EMT Supervisor position; Council on Aging for a replacement driver in Cedar City; Tourism seasonal temporary to part time regular Receptionist; Sheriff replacement of full time Deputy Sheriff; and Recorder replacement of part time Deputy Recorder.
Reed Erickson recommended approval of the change from temporary part time to regular part time Receptionist at the Tourism Bureau. Lois Bulloch made a motion to approve the change as recommended. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
Reed also recommended approval of the part time temporary approval of a Deputy Recorder for a period of three months. Wayne Smith made a motion to approve a part time temporary Deputy Recorder for three months. Second by Lois Bulloch. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
Lois Bulloch made a motion to table action on the Ambulance EMT Supervisor position and the Council on Aging Driver position to allow additional time to evaluate the position justification. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
Wayne Smith made a motion to table action on replacing the Deputy Sheriff position until the Major Crimes Task Force grant has been finalized and the position re-evaluated. Second by Lois Bulloch. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
Wayne Smith made a motion to convene as a Board of Equalization to hear three items. Second by Lois Bulloch. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
BOARD OF EQUALIZATION TAX EXEMPTION REQUEST :
Dixie & Anne Leavitt Foundation submitted a charitable property tax exemption request for a home located in Cedar City identified as Parcel Tax ID B-1099-0003 located at 236 S 450 West in Cedar City. Wayne Smith made a motion to adopt the Attorney recommendation and deny the tax exemption request due to the property being used as a rental property which does not qualify as a charitable use. Second by Lois Bulloch. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
BOARD OF EQUALIZATION ABATEMENT APPROVALS :
Christene Lowder presented for approval late filed Circuit Breaker, Special Abatement, and Veteran Property Tax Abatement Applications. She explained the applications are timely for State programs and Veterans exemptions. Lois Bulloch made a motion to approve the Circuit Breaker, Special Abatement and Veterans Exemption requests as presented. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
BOARD OF EQUALIZATION MATTER - CLOTHIER VALUATION REQUEST :
The request for a value adjustment by Eldon and Margie Clothier on a lot located in Meadow Lake Estates was recalled for action. The parcel is identified as Lot 1, Blk P, Meadow Lake Estates. Account Number 0321395 Parcel Number C-0645-0170-0001.
Michael Edwards reported that in reviewing the Utah Code, the Commission is given the legal authority to correct errors in assessments. After review with the Assessor, Dennis Ayers, Lois Bulloch made a motion to adjust the value on the above identified lot to the value stipulated by the Assessor as being the correct value. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
Reed Erickson reported that a meeting has tentatively been scheduled in Panguitch on December 10 with Iron, Garfield, Piute, and Wayne County Commission to discuss prairie dog issues and a proposed HCP that would cover the whole range of Utah Prairie Dogs in Southern Utah. The meeting will need to be confirmed with some Commissioners that had a conflict.
Reed also reported that the UPDRIP committee is still seeking a director. A final interview will be conducted with one candidate who looks promising.
CALENDER SCHEDULE COORDINATION :
Reed Erickson coordinated calendars with the Commissioners for the next two weeks.
ADOPT 2010 COMMISSION MEETING SCHEDULE :
Wayne Smith made a motion to adopt the following meeting schedule for Commission meetings for 2010:
January 11 January 25
February 8 February 22
March 8 March 22
April 12 April 26
May 10 May 24
June 14 June 28
July 2 (Friday) 12:00 Noon Canvass Primary Election Results
July 12 July 26
August 9 August 23
September 13 September 27
October 11 October 25
November 8 November 22
November 15 12:00 Noon Canvass Election Results
December 13 (Final Budget Hearing 10:00 A.M.)
December 20
Meetings will be held in the Iron County Commission Chambers, 68 South 100 East, Parowan, UT beginning at 9:00 A.M.
Second by Lois Bulloch. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
MULTI-JURISDICTIONAL HAZARD MITIGATION PLANNING :
A letter of commitment to participate in the Five County Association Multi-Jurisdictional Hazard Mitigation Planning was presented for approval. Lois Bulloch made a motion to approve the letter of commitment and to authorize the Commission Chair to sign. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
REVIEW DRAFT AGREEMENT FOR AQUATIC CENTER FUNDING :
Michael Edwards reviewed with the Commission issues with drafting an agreement regarding funding of the $1.25 million contribution to the Cedar City Aquatic Center. The agreement will be between Iron County and either the Restaurant Tax Board or the Iron County Municipal Building Authority and will outline that funds are to be committed from the Restaurant Tax for a period of twenty years.
The agreement is to be placed on the next agenda for approval.
The meeting was adjourned at 3:00 p.m. on a motion by Wayne Smith. Second was by Lois Bulloch. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
Signed: Alma L. Adams, Chairman
Attest: David I. Yardley
County Clerk