IRON COUNTY COMMISSION MEETING
January 11, 2010
Minutes of the Iron County Commission meeting convened at 9:00 a.m. January 11, 2010 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 :
APPROVAL OF MINUTES December 21, 2009
BOOKMOBILE CONTRACT AMENDMENT 1 2 3
CALENDER SCHEDULE COORDINATION
IRON COUNTY TOP TEN VOLUNTEER AWARDS
MARREEN CASPER SENATOR HATCH UPDATE
PAIUTE TRIBE CEDAR BAND REPORT
PALLADON IRON REQUEST TO PURCHASE MINING CLAIM INTERESTS
PUBLIC HEARING - WIND ENERGY ORDINANCE
Those assembled were led in the pledge of allegiance by Kal Kahler.
APPROVAL OF MINUTES December 21, 2009 :
Minutes of the Iron County Commission meeting held December 21, 2009 were approved as amended on a motion by Wayne Smith. Second was by Lois Bulloch. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.
Kal Kahler reported on the CICWCD meeting on January 7. Items discussed included the development of a storage reservoir on Urie Creek, Coal Creek recharge study being conducted by SUU, and the Colorado River pipeline project.
Reed Erickson discussed the need to appoint representatives to the Corridor Preservation Committee to prioritize corridor acquisition projects within the County. The Committee will consist of Mayors of all municipalities and County Commissioners.
Reed also discussed County representatives to study methods of handling mass fatalities in an emergency such as an earthquake or a pandemic. Reed and Charlie Morris will help to formulate a proposed policy for consideration.
Reed reported that the Spectrum/Daily News has agreed to print an article in the Neighborhood section of the paper each month. A name has not been selected for the article heading but “Commissioners Corner” is one suggestion.
Wayne Smith reported that he has been asked to serve on the UAC executive committee for 2010. He also reported that Monte Evans, a member of the State Restaurant Board would like to meet with the Commissioners to discuss the proposed removal of the Restaurant Sales Tax. A meeting is scheduled for January 18 at 3:30 p.m. in the Visitor Center to discuss the proposal.
Wayne also discussed concerns voiced from Enterprise City regarding ambulance and fire response in the area of Iron County along SR 18 north of Enterprise. A meeting has been scheduled with the Mayor on January 15 to discuss concerns.
Lois Bulloch reported that through rotation she will be the Chair of the Five County Association of Governments, Southwest Public Health and Southwest Mental Health during 2010.
Alma Adams reported that SUPAC met in St George. Topics of discussion included the Virgin River restoration and preservation project. They also toured the new Division of Wildlife building which has been constructed overlooking Quail Creek Reservoir. The new building is not intended to replace DWR offices in Cedar City.
Mark Gower reported that Search and Rescue had been called out over the weekend to locate some over due snowmobilers. The Sheriff’s office is in the process of reorganizing the work force to accommodate changes due to the County participation in the Joint Major Crimes Task Force.
Lois Bulloch made a motion to appoint Wayne Smith as Commission Chair effective February 1, 2010. Second by Alma Adams. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.
The Commission reviewed current assignments and noted several minor changes in contact information. Action was tabled to the first meeting in February to allow time to review assignments.
PUBLIC HEARING ZONING MATTER :
Alma Adams opened a public hearing to receive comments on a request by developers to vacate and re-subdivide Lot 1 Block B of Westview Estates Subdivision Phase 1.
Chad Nay explained the request to vacate lot 1, an oversized lot left for construction of a church. The developer indicated that the proposed church was not interested in the lot because they have other buildings in the vicinity. The proposal is to re subdivide into comparable sized residential subdivision lots which will allow the area to be improved.
A letter was received and read in opposition to the proposal from Elaine Vickers stating that the developer had promised to meet with residents before proceeding with changing this lot.
Chad Nay explained that the concerns expressed in previous hearings on this matter had to do with covenants, conditions and restrictions (CC&R’s) placed on the subdivision by the homeowners association. The County does not enforce CC&R’s.
After all public comments were received, Lois Bulloch made a motion to close the public hearing and to adopt the findings of the Planning Commission and to approve vacating and re-subdividing Lot 1 Block B of Westview Estates Subdivision Unit 1 and to approve variations in Subdivision standards to waive street lighting and subdivision perimeter fencing. Second by Wayne Smith. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.
Findings
1. Good cause exists for the request to vacate and re-subdivide Lot 1.
2. No public street, right of way or easement has been vacated.
3. No material injury to the public.
4. Its proposed use is better as new development than an eyesore within the subdivision.
5. It meets all current requirements of the current Iron County Code.
6. Proposal is subject to a financial guarantee for sewer and water connections.
PUBLIC HEARING WIND ENERGY ORDINANCE :
Alma Adams opened a public hearing to receive comments on a proposed amendment to Iron County Code Title 17 relating to wind energy systems (wind turbines), the establishment of a wind energy overlay zone, and the zoning of large portions of the county with a wind energy overlay zone.
Todd Stowell, Circuit Planner, explained the proposed ordinance amendment. The ordinance would establish a wind energy overlay zone consisting mainly of the Escalante valley and extending to near the Minersville highway north of Rush Lake. It would include both public and private lands. The ordinance would also establish distances from residential areas and National Parks.
Todd Stowell also commented on written comments received which included comments from Michelle Stephens, Wasatch Wind, which recommended that the proposal to require a zone change be eliminated and allow the proposals to proceed with only a conditional use permit. She also recommended changes in bonding requirements for reclamation and an increase in permitted noise levels.
Richard Shipley, Intermountain Wind & Solar also submitted a written request to change setback requirements to allow turbines in 1 acre subdivisions and to increase tower heights to 51 feet from the proposed 35 feet.
Bonnie Christiansen, Utah Clean Energy, submitted a ten page recommendation including restrictions on types of turbines, height requirements, setbacks and noise limits.
The hearing was then opened up to comments from those present. Commissioner Bulloch asked how many present were from the Harmony Mountain area near Kanarraville. It appeared that the entire audience of thirty people were from that area including some from Washington County.
Unnamed asked about road access and whether limits could be placed on travel through subdivisions or residential areas. The Commission responded that public roads cannot be closed to vehicles. Bonding for repairs and weight limits can be established for travel on existing roads.
Craig Spitler asked about the proposed overlay zone and if it would affect small individual systems. The Commission responded that the overlay zone is for larger commercial operations. Individual systems will not be prohibited.
Alan Brajnikoff stated that he is in favor of the ordinance as it is written.
Robert Houston stated that he is concerned with erosion caused by the development of construction pads and road work to install and maintain a wind farm. He also stated that he is concerned with the damage to existing roads in the area.
Ron Archibald stated that tourism is a huge industry in this area. By allowing a wind farm in site of the I-15 corridor, it would detract from the natural beauty of the area. It would not be a good idea to change the zoning to accommodate a wind farm on Harmony Mountain.
Marlene Houston asked if this ordinance would make it easier to develop a wind farm on Harmony Mountain. The Commission explained that Harmony Mountain was not included in the proposed overlay zone. Any development of a wind farm would be required to seek a zone change and then go through the permitting process. Both of these processes would be available to the public to comment on the proposal.
Christene Orton asked if the ordinance requires reclamation of the site after the wind farms are no longer viable. The Commission answered that the current draft includes a bonding provision for site reclamation.
Dan Dail expressed concern with the development of utility corridors to wheel the power from the generation site to existing power grids. This includes placing power lines across private property. He was also concerned with further development of public roads to accommodate the large vehicles which will be required during construction. The Commission explained that public roads are open to the public and could not exclude use by development contractors. Private property rights are a concern and need to be addressed at the same time as the proposed development.
Jeff Neeley commented that the proposed site on Harmony Mountain is just three miles from Zion National Park and would be very visible from the park entrance and the I-15 corridor.
Sam Scott commented that the distance from residential areas would not be adequate. The proposed ordinance has a 1¼ mile setback from residential subdivisions. Todd Stowell responded and explained the acceptable noise level as permitted in the proposed ordinance.
Craig Spitler asked about lot size for small systems. The Commission explained that the R-2 zone permits small systems and in some cases the R-1 zone can be permitted. The main concern is the fall zone setbacks.
Robert Houston again asked if erosion problems were addressed in the ordinance and requested that this be given consideration as a condition to develop sites.
Dan Dail asked that the County require a conditional use permit for transmission corridors be submitted and considered at the same time the wind farm conditional use permit is submitted.
Kay Carter, Kanarraville City Council, asked about fire issues. She explained that during recent years, fires have come very close to New Harmony and in some cases destroyed homes. She asked if bonding is required in case of a fire started from the operation of the wind farms. The Commission explained that there is no provision to bond for fire protection.
Dennis Ramsey stated that he felt the proposed ordinance is well written and protects residents and property in proximity to proposed wind farm developments.
After public comments were completed, Alma Adams closed the public hearing. Lois Bulloch requested that staff review and report to the Commission on items of concern raised in the public hearing including fire issues, sound levels and distances, transmission corridor issues, and lightning strikes to structures. The matter will be placed on the next agenda for action.
PAIUTE TRIBE CEDAR BAND REPORT :
Mark Echohawk, Department of Interior, Bureau of Indian Affairs, Lora Tom and Travis Parashonts, Cedar Band of Paiutes, met with the Commission to report on economic development efforts of the Cedar band of Paiutes and the proposed development of a truck stop and restaurant near the Kanarraville exit of I-15. The Band has secured a commitment to authorize bonds for $10.5 million to construct the facility from stimulus money provided by Congress. The facility will be constructed on existing tribal lands.
Mark Echohawk explained that the tribe will be requesting the Utah State Legislature to exempt the Cedar Band from sales tax, fuel tax, and restaurant tax. The tribe would continue to charge these taxes at the current State rates. The funds generated by the tribal collected taxes would be used by the Cedar Band to pay off bond obligations and to operate the government functions of the Cedar Band. Mr. Echohawk requested County support of their tax exemption request.
Cedar City Mayor Joe Burgess commented that there is a concern in giving an unfair advantage to the Cedar Band of Paiutes at the expense of existing businesses within the County. Current taxes are used to provide services to the Cedar Band in police, fire, road maintenance, schools, etc.
Reed Erickson asked if studies have been done to determine what affect this would have on existing truck stops in the area including two in Cedar City and one in Parowan. He also asked what services would be provided by the Cedar Band which are currently covered by local governments.
Mark Echohawk responded that the tribe would provide police, fire and other services currently provided by Cedar City and Iron County.
No action was taken by the Commission on their request for support at this time.
Colette Eppley presented a requested promotion for a temporary Detective slot at a Corporal grade for Tony Gower. Mr. Gower will replace David Mitchell who has been assigned temporarily to the Joint Major Crimes Task Force. Lois Bulloch made a motion to approve the temporary change of duty and grade for Tony Gower as requested. Second by Wayne Smith. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.
Colette presented a request to transfer Kirk Barney from Corrections to Patrol in the Sheriff’s office to replace Tony Gower as a patrol Deputy. This is a temporary change with no change in pay. The position in Corrections will not be filled at this time. Lois Bulloch made a motion to approve the temporary transfer of Kirk Barney as requested. Second by Wayne Smith. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.
Colette presented a request for promotion of Mark Hulet from EMT Basic to EMT Intermediate as an on call EMT. Wayne Smith made a motion to approve the promotion. Second by Lois Bulloch. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.
Colette presented for approval volunteers at the Iron County Visitor Center. The following were approved as volunteers on a motion by Lois Bulloch. Second by Wayne Smith. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.
Gale Waite; Alice Waite; Danna Gray; Bob Higbee; Ron Larsen; Mary Payne; Judy Arnold; Shirley Klein; Diana Peveler; Anne Stansworth; Narcie Secrist; Ralph Behrens; and Tess Oldroyd.
Colette presented position justification and workforce assessments for consideration for two positions. Corrections requested approval of a replacement for Gale Grover as a Corrections Officer and the Council on Aging requested approval of a replacement of the Activity Director at the Parowan Senior Center, a part time 20 hour per week position.
Lois Bulloch made a motion to table the Corrections request for further information on staffing levels and to deny filling the Parowan Senior Center Activity Director. Second by Wayne Smith. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.
IRON COUNTY TOP TEN VOLUNTEER AWARDS :
Tracy Garrett presented volunteer awards for Iron County for 2009. The following were recognized for their outstanding service: Mark Brown volunteered 430 hours; Craig Dunn volunteered 502 hours; Thomas Kurtley volunteered 587 hours; Joy Hammel volunteered 634 hours; Kaye Ayers volunteered 708 hours; Robert Allen volunteered 753 hours; George Tews volunteered 941 hours; Dottie Klockow volunteered 1,518 hours; Dona Cooley volunteered 1,679 hours; and Charles Cooley volunteered 1,849 hours.
MARREEN CASPER SENATOR HATCH UPDATE :
Marreen Casper representing Senator Orrin Hatch’s office, reported on legislation being considered. This included cap and trade legislation which appears to be dead as currently drafted. There are Senators that are pushing different parts of the bill that will be considered.
A huge issue is illegal immigration. Janet Napolitano, Secretary of Homeland Security, is in favor of granting amnesty to illegal aliens currently in the country. Barbara Boxer from California is also a large proponent of amnesty.
Marreen also reported that Senator Hatch will be sponsoring a Senior’s conference in April in Salt Lake City. She invited all to participate in this event.
CALENDER SCHEDULE COORDINATION :
Reed Erickson coordinated calendars with the Commissioners for the next two weeks.
PALLADON IRON REQUEST TO PURCHASE MINING CLAIM INTERESTS :
Palladon Iron through Almar Professional Land Services, Inc. submitted a bid for small percentages of several mining properties which have been struck off to the County at previous tax sales. The properties have been declared surplus and are available to the highest bidder.
Lois Bulloch made a motion to accept the bid of Palladon Iron through Almar Professional Land Services, Inc. for the purchase of fifteen parcels consisting of approximately 2.84 acres for $569.00. Title is to be transferred with a Quit Claim Deed from the County. Second by Wayne Smith. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.
Search and Rescue have requested permission to trade a Polaris RZR all terrain vehicle for a different model. In reviewing the request, David Yardley reported that the RZR is not titled to Iron County. The Commission approved trading the vehicles and to allow Search and Rescue to transfer title to Iron County. Iron County would then own the vehicle and provide insurance coverage as a County vehicle.
BOOKMOBILE CONTRACT AMENDMENT :
Amendment #2 to the Bookmobile Library contract was presented for approval. The amendment extends the contract from December 31 to June 30. It is proposed that a new contract will be issued for FY 2010 starting July 1.
Lois Bulloch made a motion to approve amendment #2 of the Bookmobile Library contract as presented. Second by Wayne Smith. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.
The meeting was adjourned at 3:30 p.m. on a motion by Lois Bulloch. Second was by Wayne Smith. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.
Signed: Alma L. Adams, Chairman
Attest: David I. Yardley
County Clerk