IRON COUNTY COMMISSION MEETING
February 22, 2010
Minutes of the Iron County Commission meeting convened at 9:00 a.m. February 22, 2010 in Commission Chambers at the Iron County Courthouse, Parowan, Utah.
Officers in attendance included:
Wayne A. Smith Commission Chair
Alma L. Adams 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 :
AGRICULTURE PROTECTION AREA REMOVAL
AMEND 2010 TRANSIENT ROOM TAX BUDGET
APPROVAL OF 911 MAINTENANCE AGREEMENTS
APPROVAL OF MINUTES February 8, 2010
CALENDER SCHEDULE COORDINATION
COOPERATIVE AGREEMENT WITH USU EXTENSION SERVICE 2010
INTRODUCTION OF ELISSA BLACK, UPDRIP COORDINATOR
JAIL PHARMACY REQUEST FOR PROPOSALS
ORDINANCE 2010-2 TEMPORARY LAND DEVELOPMENT REGULATION
PRIORITIZED PROJECT LIST TRANSPORTATION CORRIDOR FUNDS
ROCKY MOUNTAIN POWER COMMUNITY PERFORMANCE PLAN 2009
SEARCH & RESCUE EQUIPMENT NEEDS
Those assembled were led in the pledge of allegiance by Lois Bulloch.
APPROVAL OF MINUTES February 8, 2010 :
Minutes of the Iron County Commission meeting held February 8, 2010 were approved as amended on a motion by Lois Bulloch. Second was by Alma Adams. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.
Geri Norwood reported that delinquent tax billings have been mailed. The Treasurer’s office is anticipating some payments to come in as a result of the mailing.
Margaret Miller reported on statistics for January in the Justice Court. Nearly 1,000 tickets were filed for traffic infractions.
Debbie Johnson reported that the annual plat update has been completed nearly two weeks ahead of schedule. Temporary workers were excellent in accomplishing this task on time. Debbie also reported that Simplifile is now working and many title companies have signed up to use the service which provides for electronic filing of documents.
Jared Wilson reported that a contract has been signed with South Central Telephone to install fiber optics to County buildings including the Courthouse, Justice Center, Sheriff’s Office and Visitor Center. Installation is to be completed by April 30.
Lois Bulloch reported that the Tourism Board is in the process of establishing procedures for applying for funding of projects. This will help to make the funding process run smoother as each request can more easily be compared for compliance with funding guidelines.
Wayne Smith reported on a meeting with Senator Stowell seeking support of a bill he is sponsoring, Senate Bill 20 which allows the creation of a local district to develop and execute a groundwater management plan in cooperation with the state engineer. In attendance were representatives of Enterprise City, Escalante Valley and the Central Iron County Water Conservancy District.
Wayne also reported that a jail reimbursement bill has been stalled in committee at the Legislature. If hearings are not conducted the bill cannot move forward which could result in a loss of funding of State prisoners in County jails.
Mark Gower reported that Deputy Nate Houchen was involved in an accident over the weekend in which his vehicle was damaged. No injuries were reported because of the accident.
Reed Erickson reported on legislation being considered that can affect the Counties. One bill of particular interest which would eliminate the Restaurant Tax of 1% on prepared foods appears to be dead this session. Another bill would require that roll back taxes collected from green belt properties being developed would be transferred to a State account and would not be available for taxing entities.
Reed also reported on building upgrades being installed in the Courthouse which include upgrades to the heating and air conditioning. Funding of the upgrades is from Federal energy grant funds.
Alma Adams encouraged all County residents to participate in the upcoming census which takes place each decade. Results can affect programs and funding levels for the next ten years. Results are also used in establishing House and Senate district boundaries along with local District boundaries.
Michael Edwards reported that a training on Ordinance Administration needs to be completed for the Commission. A meeting was scheduled for training on March 12 at 1:00 p.m. in the Attorney’s Conference room.
INTRODUCTION OF ELISSA BLACK, UPDRIP COORDINATOR :
Reed Erickson introduced Elissa Black as the newly hired UPDRIP Coordinator. Ms Black will have office space provided through Southern Utah University. Her work will involve trying to get prairie dog issues resolved in the habitat area of the Utah prairie dog.
COOPERATIVE AGREEMENT WITH USU EXTENSION SERVICE 2010:
Chad Reid and Kathy Riggs met with the Commission to answer questions regarding renewal of a cooperative agreement for USU Extension Services for 2010. The Commission questioned the County level of providing support services for Computer programs including licensing, ink and toner, paper products, telephones etc. Chad explained that it has been a practice to consider the Extension Service as a branch of County government and provide office equipment, support and supplies as with any other County department.
Lois Bulloch made a motion to approve the cooperative agreement and authorize appropriate County signatures. Second by Alma Adams. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.
Chad Reid accepted the documents and will forward to Utah State University for their signatures.
AGRICULTURE PROTECTION AREA REMOVAL :
Russell Condie , representing Dixie Escalante Rural Electric Association, met with the Commission to request approval of the removal of one acre of land from Agricultural Protection designation. The parcel is described as Parcel Number: E-1065-0068-0000; Acres:1.0 ; Account Number: 0492515
Com at Southeast Corner of Lot 1, Section 19,Township 36 South, Range15 West, Salt Lake Meridian & Point of Beginning; thence West parallel to the Section Line 208.71 Feet; thence North 208.71 Feet; thence East 208.71 Feet; thence South 208.71 Feet to Point of Beginning.
Lois Bulloch made a motion to approve the withdrawal from an Agricultural Protection Area of the above described parcel. Second by Alma Adams. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.
SEARCH & RESCUE EQUIPMENT NEEDS :
Mark Gower, Iron County Sheriff, and Jeremy Holm, Sheriff Deputy and members of Search and Rescue, Buck Neagle, Danny Houchen and Royce Houchen made a presentation to the Commission on the need to upgrade County owned snowmobiles to newer models. They explained that their snowmobiles are mostly early 1990's models with smaller tracks. They will not go into areas of powder where newer, higher powered snowmobiles will go. The newer models are usually the ones that get into trouble. By having the older models, it places search and rescue personnel in danger because their machines get stuck so easily.
The Sheriff requested that the County upgrade between four and eight machines at a cost of approximately $10,000 each. The majority of the purchase would be reimbursed from grant funds. The Commission questioned the Sheriff as to why this early in the year this request was not included in the budget process. The Sheriff responded that at budget time, it was not understood how inadequate the existing machines were.
Alma Adams made a motion to approve the purchase of four new snowmobiles not to exceed a total of $42,000.00 contingent upon receiving State reimbursement grants. Second by Lois Bulloch. Voting: Wayne Smith, Aye, with the condition that all future requests to purchase equipment be included in regular budget requests; Alma Adams, Aye; Lois Bulloch, Aye.
ROCKY MOUNTAIN POWER COMMUNITY PERFORMANCE PLAN 2009:
Mark Cox and Tom Heaton representing Rocky Mountain Power met with the Commission to report on current projects within Iron County.
1. The Three Peaks substation project is nearing completion and should be fully completed and functioning by May 2010. 2. The Sigurd to Red Butte transmission line is in the scoping and EIS process. Participating Agency meeting are being held with some public input and information meetings. They are attempting to have the Environmental Impact Statement completed by the end of 2010. 3. The Gateway South project which covers areas of Wyoming, Utah and Nevada is starting the process of scoping and development of an EIS. The project is considering a full buildout proposal. This project could take some time in the scoping process because of the size and complexity of the project. 4. A new project to serve eastern Washington County is also being considered in cooperation with UAMPS and other entities. It is a proposed 345 Kv distribution line with a three to five year completion anticipated.
Tom Heaton reviewed the Community Performance Plan and noted amendments to the plan. Lois Bulloch made a motion to approve the Community Performance Plan as amended and presented. Second by Alma Adams. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.
Colette Eppley presented for approval volunteers to work with the Council on Aging. Taylor Alono, Rodney Decker and Lea Decker were approved as County volunteers on a motion by Lois Bulloch. Second by Alma Adams. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.
Colette presented as a new hire, Steve Hunt to replace Gale Grover as a Correction Officer. Alma Adams made a motion to approve the hiring of Steve Hunt as a Corrections Officer. Second by Lois Bulloch. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.
Colette presented for approval the re-hiring of Michelle Hagfeldt and Adam Beston as Prairie Dog Technicians. Lois Bulloch made a motion to approve the hiring as presented with no salary increase from 2009 level. Second by Alma Adams. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.
Colette presented a workforce justification to replace James Turner as a Bailiff along with a request to authorize advertising for a replacement. Alma Adams made a motion to accept the workforce justification and authorize advertising as requested. Second by Lois Bulloch. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.
Colette reported that the County Fair manager has requested splitting the Secretary position from a temporary part time 32 hour per week position to two part time positions, one working two days per week and one working three days per week. Lois Bulloch made a motion to approve the work schedule change provided the positions stay within budget and not exceed 32 hours per week. Second by Alma Adams. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.
Colette presented a request to allow employees to donate vacation leave for Shawna Higgins an employee of the County Clerk’s office that is scheduled for surgery. Alma Adams made a motion to approve the authorization for vacation leave donations to Shawna Higgins as requested. Second by Lois Bulloch. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.
PRIORITIZED PROJECT LIST TRANSPORTATION CORRIDOR FUNDS:
Todd Stowell, Iron County Community Planner, met with the Commission to present a priority list for projects to be funded from the Local Transportation Corridor Preservation Fund. The two projects recommended by the Transportation Corridor Committee include 1. An extension of Cove Drive in Cedar City to connect Cove Drive and Royal Hunte Drive. And 2. 5700 West to Iron Springs Rd. Alma Adams made a motion to adopt the recommendation of the Transportation Corridor Committee for 2010 as presented. Second by Lois Bulloch. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.
ORDINANCE 2010-2 TEMPORARY LAND DEVELOPMENT REGULATION :
Todd Stowell presented a proposed ordinance to temporarily regulate development on areas designated as existing or potential landslides, in particular the Green Hollow landslide area as designated on the USGS topographical maps. The Planning Commission recommended that a temporary regulation be adopted to allow time to draft and implement a more comprehensive plan for development on lands subject to landslides.
Steve Platt asked what areas of the County are addressed in the proposed ordinance. Todd Stowell responded that it includes mapped landslide areas and developable properties with more than 30% slope.
Bill Lund, Utah Geological Survey, explained the map stating that the scale does not allow for precise designation of areas subject to landslides. The map used is a 1:10,000 scale. Mr Lund also discussed problems with development on slide areas and factors which can increase the possibility of future problems. Included in this list are road development cut into existing slide areas, removal of the toe of the slide area and septic systems adding water to the underground area. The Green Hollow slide area has experienced all three of these major disturbances.
Lois Bulloch noted that at the Planning Commission meeting where this item was discussed, the County made an offer to facilitate but not fund a study to help determine the probability of a major landslide in the Green Hollow area.
Richard Diehlman asked if it is still possible to build on the area that may be included within the mapped slide area. He explained that he has 700 acres that he would like to put one dwelling unit on. The development would include an access road to the cabin site.
After all comments were received and discussed, Alma Adams made a motion to enact a temporary land use regulation with the following conditions: prohibiting the following on land which is part of the Green Hollow Landslide: 1. The erection, construction, reconstruction, or expansion of any building or structure on any lot smaller than 20 acres; and, 2. Any subdivision or lot line adjustment; and, 3. Any grading, cutting/filling, and road construction, except as is necessary for access to a structure on a lot 20 acres or larger.
Also to prohibiting the following on land identified as deep landslides, shallow landslides, landslides undifferentiated from talus and/or colluvial deposits, and landslides and/or landslides undifferentiated from talus, colluvial, rock fall, glacial, and soil-creep deposits on the Iron County Landslide map which was prepared by the Utah Geologic Survey: 1. Any subdivision or lot line adjustment; and 2. Any grading, cutting/filling, and road construction except as necessary to provide access to a structure which was legally constructed or has necessary authorization to begin construction. Second by Lois Bulloch. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.
IRON COUNTY
ORDINANCE NO. 2010-2
AN ORDINANCE OF IRON COUNTY, UTAH, TO ENACT A TEMPORARY LAND USE REGULATION PROHIBITING CERTAIN DEVELOPMENT ACTIVITIES IN AREAS SUSCEPTIBLE TO LANDSLIDES.
WHEREAS, §17-27a-505(2)(c), Utah Code Annotated, grants counties the authority to enact ordinances regulating land use and development in potential geologic hazard areas to protect life and prevent the substantial loss or damage of real property; and,
WHEREAS, due to the geological characteristics of the soils in this area there are several hillsides in Iron County that are susceptible to landslides; and,
WHEREAS, the risk of geologic hazards, such as landslides, can be greatly increased through activities related to land development and use, if the geologic hazard is not recognized and adequately addressed through engineering or other mitigation measures; and,
WHEREAS, §17-27a-504, Utah Code Annotated allows counties to enact ordinances establishing temporary land use regulations for any part or all of the County if the area is unregulated, or the legislative body makes a finding of compelling, countervailing public interest; and,
WHEREAS, §17-27a-504, Utah Code Annotated also allows the temporary land use regulation to prohibit the erection, construction, reconstruction, or alteration of any building or structure or any subdivision approval, for up to six months; and,
WHEREAS, Iron County does not have an ordinance specifically designed to regulate land use or development in areas of landslides or other potential geologic hazards, nor any standards to define what an acceptable level of safety in such areas may be; and,
WHEREAS, the Planning Commission discussed the proposed temporary land use regulation at their February 4, 2010 meeting and unanimously voted to recommend approval of an ordinance to accomplish such to the Board of Iron County Commissioners; and,
WHEREAS, the Board of Iron County Commissioners finds that to knowingly permit development in landslide areas without proper regulations and restrictions on land use activities creates a public safety issue for the property being developed, and potentially for property beyond the project boundary, which public safety and liability issue is a compelling countervailing public interest to the citizenry of Iron County; and,
WHEREAS, the Board of Iron County Commissioners finds that any harm to private interests by the contemplated temporary land use regulation is de minimis and outweighed by the County’s interests to act responsibly and cautiously when presented with information that directly relates to the public health, safety, and interests of the citizenry of Iron County.
NOW THEREFORE, THE COUNTY LEGISLATIVE BODY OF IRON COUNTY, UTAH ORDAINS AS FOLLOWS:
SECTION 1. TEMPORARY LAND USE REGULATION.
A. Iron County hereby enacts a Temporary Land Use Regulation, pursuant to U.C.A. 17-27a-504, prohibiting the following on land which is part of the Green Hollow Landslide:
1. The erection, construction, reconstruction, or expansion of any building or structure on any lot smaller than 20 acres; and,
2. Any subdivision or lot line adjustment; and,
3. Any grading, cutting/filling, and road construction, except as is necessary for access to a structure on a lot 20 acres or larger.
B. Iron County hereby enacts a Temporary Land Use Regulation, pursuant to U.C.A. 17-27a-504, prohibiting the following on land identified as deep landslides, shallow landslides, landslides undifferentiated from talus and/or colluvial deposits, and landslides and/or landslides undifferentiated from talus, colluvial, rock fall, glacial, and soil-creep deposits on the Iron County Landslide map which was prepared by the Utah Geologic Survey:
1.Any subdivision or lot line adjustment; and
2. Any grading, cutting/filling, and road construction except as necessary to provide access to a structure which was legally constructed or has necessary authorization to begin construction.
C. All legally vested land use applications shall not be subject to the above temporary land use regulation to the extent of their current application, only. For example, a vested subdivision application may continue to be processed, although building permits for any lots created would be subject to the above temporary land use regulation.
D. This temporary land use regulation shall not be interpreted to prevent geological study activities conducted under the supervision of a qualified, bonded, insured, and licensed geologist.
E. This temporary land use regulation shall remain in effect for a period of six months from its effective date, or until the effective date of the County Commission’s action to adopt a landslide/geological hazard ordinance, whichever occurs first.
SECTION 2. SEVERABILITY.
Should any portion of this ordinance be found for any reason to be unconstitutional, unlawful, or otherwise void or unenforceable, the balance of the ordinance shall be severable therefrom, and shall survive such declaration, remaining in full force and effect.
SECTION 3. EFFECTIVE DATE.
This Ordinance, Iron County Ordinance No. 2010-2, shall become effective immediately after the required publication thereof, as set forth in Utah Code § 17-53-208(6).
PASSED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS OF IRON COUNTY, UTAH this 22nd day of February, 2010.
BOARD OF COUNTY COMMISSIONERS
IRON COUNTY, UTAH
By:
Wayne A. Smith, Chair
ATTEST:
David I. Yardley,
County Clerk
VOTING:
Wayne A. Smith Aye
Alma L. Adams Aye
Lois L. Bulloch Aye
Michael Worthen reported that letters have been drafted to US Fish and Wildlife and to the Nakken family regarding a withdrawal of acreage on the Little Horse Valley Conservation area in exchange for acreage in Cedar City. By approving this exchange, the Nakken property will be permanently cleared and will be allowed to develop.
Alma Adams reported that during the HCP meeting, staff reported that they believe all active colonies of Utah Prairie Dogs have been located and mapped. A change was proposed to move the Buckskin Valley and Bear Valley from the West Desert region designation to the Paunsaugunt region.
CALENDER SCHEDULE COORDINATION :
Reed Erickson coordinated meeting calendars with the Commissioners.
The Commission appointed Angie Hadderly to replace Chris Dwyer as a member of the Transient Room Tax Board and to reappoint Steve Robinson to an additional term on the Transient Room Tax Board on a motion by Lois Bulloch. Second by Alma Adams. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.
AMEND 2010 TRANSIENT ROOM TAX BUDGET :
A proposal to amend the TRT budget to authorize an expenditure to produce advertising for the County Seat TV program. The County Seat program will highlight Departments and programs of Iron County government. Advertising will be produced to encourage tourism. The County will then own the advertising for use by Iron County to increase tourism. Lois Bulloch made a motion to approve the budget amendment as presented. Second by Alma Adams. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.
APPROVAL OF 911 MAINTENANCE AGREEMENTS :
David Yardley presented proposed maintenance agreements for the maintenance of the 911 system for 2010. Lois Bulloch made a motion to approve the maintenance agreements and authorize David Yardley to sign in behalf of Iron County. Second by Alma Adams. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.
COMMISSION ASSIGNMENT REVIEW :
The Commission reviewed assignments and made several minor adjustments in contact people and outside groups they work with. Changes were noted in the February 8 minutes with an assignment addition for Lois Bulloch of the Youth and Family With Promise program administered through Utah State University Extension Service with contacts Kathy Riggs and Chad Reid.
JAIL PHARMACY REQUEST FOR PROPOSALS :
David Yardley reported that a request for proposals has been distributed to all of the pharmacies in Iron County. Two pharmacy’s responded with proposals. RFP’s from Parowan Drug and Township Professional Pharmacy were referred to Reid Erickson and Brad Spencer for review. The matter will be placed on the next agenda for approval.
ADJOURN :
The meeting was adjourned at 4:30 p.m. on a motion by Lois Bulloch. Second was by Alma Adams. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.
Signed: Wayne A. Smith, Chairman
Attest: David I. Yardley
County Clerk