IRON COUNTY COMMISSION MEETING
April 12, 2010
Minutes of the Iron County Commission meeting convened at 9:00 a.m. April 12, 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:
Chad Nay Zoning Administrator
SYNOPSIS :
AFRICANIZED HONEY BEE DISCUSSION
ANNOUNCEMENT FOR THE SPECIAL OLYMPICS AREA SUMMER GAMES
APPROVAL OF MINUTES March 22, 2010
APPROVAL OF SETTLEMENT AGREEMENT WITH IPP
CALENDER SCHEDULE COORDINATION
DISCUSSION ON BONDING OPTION - RESTAURANT TAX
E-911 EQUIPMENT UPGRADE PRESENTATION
FORSYTH SUBDIVISION PRELIMINARY PLAT APPROVAL
IRON LEGENDS RESORT LETTER OF SUPPORT
MINOR LOT SUBDIVISION APPROVAL 1 2
NATURAL HAZARD MITIGATION PLAN
ORDINANCE 2010-3 CREATING A COMMUNITY DEVELOPMENT AND RENEWAL AG
RESOLUTION 2010-2 RECYCLING MARKET DEVELOPMENT ZONE
ROCKY MOUNTAIN POWER REQUEST FOR ACCESS TO PARCEL E-1891-0000
U OF U SCHOOL ON ALCOHOLISM AND OTHER DRUG DEPENDENCIES
Those assembled were led in the pledge of allegiance by Gene Adams.
APPROVAL OF MINUTES March 22, 2010 :
Minutes of the Iron County Commission meeting held March 22, 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.
Kal Kahler reported on the subsidence problem occurring in Cedar Valley. He explained that the fissure in Enoch is expanding and has caused major damage in one developing subdivision. Roads have deep cracks several inches wide, gutters and sidewalks have shifted and sewer lines are experiencing problems. Kal also noted that this problem is not isolated in Iron County. Instances are occurring in Nevada, California and Arizona.
Chad Nay reported on activities of the Building and Zoning Department. He stated that building permit numbers were down in comparison to last year, however the value of construction is comparable, showing that larger projects are starting to take place. Building inspectors are using down time to receive continuing education requirements to keep certifications current and to help with building maintenance.
Chad also discussed the function of the Board of Adjustments and suggested that since they are only meeting once or twice each year that a recommendation may be forthcoming to replace the board with a hearing officer. An amendment to the ordinance establishing the board will be required to change their function.
Lois Bulloch reported that a meeting has been arranged with Commissioners within the outlined service area regarding the proposal to build a Veterans Nursing Home in Cedar City. The meeting will be held on Thursday in Ogden following the UAC scheduled meeting.
Alma Adams discussed seeding activity on the Dalley prairie dog farm. Ten acres of oats and ten acres of permanent pasture have been planted and the well is capable of keeping the new planting watered.
David Yardley reported that scanners have been ordered for use in polling places. The scanners will be used to scan driver licenses as part of the voter verification process and will help eliminate errors in giving a voter a wrong ballot.
Reed Erickson reported that a septic tank density analysis is being done on Cedar Valley by the Utah Geologic Survey. Preliminary findings show that the valley can handle up to 4,000 septic systems. Density can be affected by location and recharge capability for different areas.
Reed reported that plans are moving ahead to remove the pond at the Fiddlers Canyon office building due to the problems with maintenance. The waterfall will remain and will continue to be used.
Reed reported that Rainbow Meadows Ranchos is pursuing a non-contiguous annexation into the CICWCD to help with upgrades to their water system.
NATURAL HAZARD MITIGATION PLAN :
Darren Janes, Five County Association of Governments planner, presented a draft update of the Five County Natural Hazard Mitigation Plan for public comments. He encouraged public and private participation in the review and comments on the elements of the draft. He explained that the draft addresses County specific areas which will make the plan manageable at a local level. The plan is available for review on the Five County AOG website.
DISCUSSION ON BONDING OPTION - RESTAURANT TAX :
Dorian Page and Donna Law met with the Commission to request the County consider bonding to support the Southern Utah Museum of Art with monies From Tourism, Recreation, Cultural and Convention (restaurant tax) tax revenues. Dorian explained that the Legislature considered repealing the restaurant tax at the last legislative session. In order to guarantee financing of appropriate projects in the future, the debt must be secured with a bond. The Legislature will probably be faced with a similar bill next year or at least a proposal to modify the tax.
Scott Phillips, representing the Shakespearian Festival also noted that they would be requesting funding to rebuild the Shakespearian Theater within the next two years.
After discussing their request, the Commission determined it may be in the County’s best interest to consider bonding for the one million pledged to the art museum and to add the current funding of $750,000 pledged to the Cedar City Aquatic Center project. The Commission will also look at adding funding of the Shakespearian project to a bonding package.
E-911 EQUIPMENT UPGRADE PRESENTATION :
Linda Petty, Dispatch Coordinator, met with the Commission to request authorization to apply for a grant from the State 911 committee to replace aging 911 equipment. Average equipment life is five to six years. Our current equipment is now seven years old and is starting to have some breakdowns.
The request to replace equipment will require a 10% County match which can be paid from the 911 fund. Estimated cost of equipment is $280,000.00. Lois Bulloch made a motion to approve applying for a grant and to authorize the County matching funds. Second by Alma Adams. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.
A Memorandum of Understanding (MOU) to become a participating agency with the Bureau of Land Management in an environmental scoping process on the Transwest Express Transmission Line Project was presented for approval. The MOU is similar to the agreements on the Siggurd to Red Butte project which the County currently participates in.
Alma Adams made a motion to approve the MOU and to designate Mike Worthen as the Iron County contact. Second by Lois Bulloch. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.
Colette Eppley presented workforce justifications for a part time culinary worker at the Jail, a Deputy Sheriff, and a Road Maintenance Technician. Alma Adams made a motion to approve the workforce justifications as presented. Second by Lois Bulloch. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.
Colette presented a position transfer request from the Sheriff to transfer Jay Sissner from Corrections to the Patrol Division and to appoint him as a School Resource Officer to replace Aaron Palleson, who recently resigned to take a position with another agency. Alma Adams made a motion to approve the transfer as requested. Second by Lois Bulloch. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.
Colette presented a workforce justification to replace Deputy Sissner in Corrections. Alma Adams made a motion to approve the workforce assessment and authorize advertising the position. Second by Lois Bulloch. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.
Colette presented a request to approve a to post a position for the Road Maintenance Technician position. Lois Bulloch made a motion to approve posting the position. Second by Alma Adams. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.
Colette presented a request from the Attorney’s office to promote Michael Edwards to a Deputy Attorney 3 according to policy and by qualification. Lois Bulloch made a motion to approve the promotion. Second by Alma Adams. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.
Colette presented the following Ambulance personnel from EMT Basic to EMT Intermediate: Keith Averett, Nathan Burningham, Preston Gilbert, Matt Goodman, Erik Niederhauser, Tyler Savage, Adrian Nielsen, Rosemary Brinkerhoff, Jennifer Davis, Sara Gibbs, Lisa Iler, Tiffany Maclee, Joanna Barrick-Holman. Lois Bulloch made a motion to approve the promotions. Second by Alma Adams. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.
Colette presented for approval three part time seasonal employees for approval. Jordan Smith as a part time Weed Specialist; Mary Halterman as a part time Fair Secretary and Debbie Grimm as a part time Fair Secretary. Lois Bulloch made a motion to approve the new hires as presented with the Fair part time workers staying within the hours of one part time employee. Second by Alma Adams. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.
Colette presented for approval an amendment to the Personnel Policy, Section 22 which describes the County annual leave policy. Changes were reviewed which amended accrual procedure to allow an excess of hours to be accrued during the year. Carry over rates remain unchanged. Alma Adams made a motion to approve the amendments to the County Personnel Policy Section 22 as presented. Second by Lois Bulloch. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.
Colette presented for approval a volunteer in the Council on Aging. Chester Rice has volunteered to work on landscaping around the Senior Center in Parowan. Lois Bulloch made a motion to approve Chester Rice as a volunteer. Second by Alma Adams. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.
Colette reported that the Council on Aging is in need of an on call driver to fill a vacant position. Lois Bulloch made a motion to authorize posting and filling the on call driver position. Second by Alma Adams. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.
BOARD OF EQUALIZATION :
The Commission convened as a Board of Equalization to consider a late filed tax exemption request from George Wyeth Preparatory School as an educational property owner. George Wyeth did not submit their annual statement for continued property tax exemption before the March 1, 2010 deadline. The Commission, on March 22, 2010 denied exempt status for the 2010 tax year and they were added back onto the tax roll as is standard procedure.
After reviewing their late application for exemption, Alma Adams made a motion to reverse the Commission action taken on March 22 and to grant a one time late filing approval and tax exemption for George Wyeth School for 2010. Second by Lois Bulloch. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Nay. Lois Bulloch explained that it has been County policy in the past to require applicants to abide by filing deadlines as outlined in State Code and Administrative Rules. Failure to file by deadlines has resulted in denial of tax exemption for the current year.
MINOR LOT SUBDIVISION APPROVAL :
Michael and Griselda Gardner have requested approval of a minor lot subdivision within Section 36, Township 35 South, Range17 West. Chad Nay, Representing the Iron County Planning Commission, reported that the Planning Commission has considered the request and have recommended approval along with a wellhead protection area that will encompass a portion of the existing County road. Lois Bulloch made a motion to approve the minor lot subdivision requested by Michael Gardner and Griselda Gardner. Second by Alma Adams. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.
FORSYTH SUBDIVISION PRELIMINARY PLAT APPROVAL :
Don and Jennie Forsyth have applied for a preliminary plat approval for a subdivision located withing Section 31, Township 35 South, Range 16 West and adjacent to Newcastle. Chad Nay, representing the Iron County Planning Commission presented the preliminary plat and explained the proposed subdivision. The Planning Commission has recommended approval. Lois Bulloch made a motion to approve the preliminary plat with the conditions recommended by the Planning Commission. Second by Alma Adams. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.
MINOR LOT SUBDIVISION APPROVAL :
James Leon Platt has requested a minor lot subdivision located within Section 16, Township 36 South, Range 15 West near Newcastle. Chad Nay, reported that the Iron County Planning Commission has reviewed the request and have recommended approval with conditions as printed on the proposed plat. After review Lois Bulloch made a motion to approve the minor lot subdivision plat with the conditions recommended by the Planning Commission. Second by Alma Adams. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.
ORDINANCE 2010-3 CREATING A COMMUNITY DEVELOPMENT AND RENEWAL AGENCY :
Brennan Wood, Iron County/Cedar City Economic Development Director, presented for consideration an ordinance creating a community development and renewal agency. He explained the purpose of the agency and the portions of the County that will be affected. He then answered any questions regarding the ordinance whereupon Lois Bulloch made a motion to adopt Ordinance 2010-3 as presented. Second by Alma Adams.
ORDINANCE NO. 2010-3
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS (THE “BOARD”) OF IRON COUNTY, UTAH (THE “COUNTY”), CREATING A COMMUNITY DEVELOPMENT AND RENEWAL AGENCY AND RELATED MATTERS.
WHEREAS, the Board of County Commissioners (the “Board”) of Iron County, Utah (the “County”), desires to create a Community Development and Renewal Agency (the “Agency”) pursuant to the provisions of the Limited Purpose Local Government Entities – Community Development and Renewal Agencies, Title 17C, Utah Code Annotated, 1953, as amended (the “Act”), to undertake or promote urban renewal, economic development, or community development, or any combination of them; and
WHEREAS, the Board hereby finds and determines that the public health, convenience and necessity require the creation of an Agency; and
WHEREAS, it is necessary to authorize the establishment of an Agency under and in compliance with the laws of the State of Utah and to authorize other actions in connection therewith; and
WHEREAS, the Board hereby recognizes that Iron County qualifies as a low-income New Market Tax Credit Community under Census Tracts 49021110100, 49021110200, 49021110300, 49021110400, 49021110500, 49021110600, 49021110700 and also has one of the lowest per capita income rates as well as one of the highest poverty rates in the State of Utah. The purpose of this agency is to facilitate redevelopment efforts and have a positive influence on businesses and economic development in areas that are underutilized, blighted or under economic stress:
NOW, THEREFORE, THE COUNTY LEGISLATIVE BODY OF IRON COUNTY, UTAH ORDAINS AS FOLLOWS:
1. All terms defined in the recitals hereto shall have the same meaning when used herein. All action heretofore taken (not inconsistent with the provisions of this Ordinance) by the Board and by the officers of the County directed toward the creation and establishment of a Agency, are hereby ratified, approved, and confirmed.
2. The Board hereby creates an Agency to be known as the “Iron County Community Development and Renewal Agency” (the “Iron County Agency”). The Iron County Community Development and Renewal Agency will be deemed created upon the issuance by the Lieutenant Governor of a certificate of creation under the Act.
3. The geographic boundaries of the Iron County Community Development and Renewal Agency shall be coterminous with the geographic boundaries of the unincorporated area of the Iron County as of the date hereof and as otherwise authorized by law.
4. The governing board of the Iron County Community Development and Renewal Agency shall be a three member board consisting of the members of the Iron County Board of Commissioners. Upon a change in the membership of the Iron County Board of Commissioners, the governing board of the Iron County Community Development and Renewal Agency shall likewise change to match the membership of the County Board.
5. Within 10 days of the adoption of this Ordinance, the Board shall file or cause to be filed with the Utah Lieutenant Governor a notice of this Ordinance, including therewith a copy of this Ordinance as required by the Act.
6. The appropriate officers of the County are hereby authorized and directed to take all action necessary or appropriate to effectuate the provisions of this Ordinance.
7. If any one or more sections, sentences, clauses, or parts of this Ordinance shall, for any reason, be held invalid, such judgment shall not affect, impair, or invalidate the remaining provisions of this Ordinance, but shall be confined in its operation to the specific sections, sentences, clauses, or parts of this Ordinance so held unconstitutional and invalid, and the inapplicability and invalidity of any section, sentence, clause, or part of this Ordinance in any one or more instances shall not affect or prejudice in any way the applicability and validity of this Ordinance in any other instances.
8. Immediately after its adoption, this Ordinance shall be signed by the Chair of the Board and attested by the County Clerk and shall be recorded in the ordinance book kept for that purpose. A summary of this Ordinance shall be published once in Spectrum/Daily News, a newspaper published and having general circulation in the County, and shall take effect immediately upon its passage and approval and publication as required by law, but in no event earlier than 15 days after its passage.
9. All ordinances or resolutions of the County in conflict with this Ordinance are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revive any Ordinance, by-law or regulation, or part thereof, heretofore repealed.
PASSED BY THE BOARD OF COUNTY COMMISSIONERS OF IRON COUNTY, UTAH THIS 12th day of April, 2010.
(SEAL)
By:
Chair
ATTEST:
By:
County Clerk
Voting:
Wayne A. Smith Aye
Alma L. Adams Aye
Lois L. Bulloch Aye
RESOLUTION 2010-2 RECYCLING MARKET DEVELOPMENT ZONE :
Brennan Wood, Iron County/Cedar City Economic Development Director, presented for consideration the following resolution in conjunction with Ordinance 2010-3. The resolution authorizes an application to the Governor’s Office of Economic Development for the creation of a recycling market development zone within Iron County. He explained the benefits of the proposed action whereupon Alma Adams made a motion to approve and adopt Resolution 2010-2 as presented. Second by Lois Bulloch.
IRON COUNTY COMMISSION
RESOLUTION NO. 2010-2
A RESOLUTION AUTHORIZING APPLICATION TO THE GOVERNOR’S OFFICE OF ECONOMIC DEVELOPMENT FOR CREATION OF A RECYCLING MARKET DEVELOPMENT ZONE IN IRON COUNTY
WHEREAS, tax credits are available to certain businesses operating within a Recycling Market Development Zone (RMDZ), as established by the Utah Governor’s Office of Economic Development per Section 63M-1-1104, Utah Code Annotated;
WHEREAS, the Iron County will not be impacted financially, other than notifying businesses that the RMDZ tax credits are available from the State;
WHEREAS, the Recycling Market Development Zone is established for 5 years and must be renewed every 5 years through the Governor’s Office of Economic Development;
NOW, THEREFORE, IT IS RESOLVED BY THE COUNTY COMMISSION THAT:
Iron County authorizes submittal of the application (Exhibit “A”) to the Governor’s Office of Economic Development for the creation of a Recycling Market Development Zone.
PASSED BY THE BOARD OF COUNTY COMMISSIONERS OF IRON COUNTY, UTAH THIS _____________ 2010.
(SEAL)
By:________________________________
Wayne A. Smith, Chair
ATTEST:
By:
David I. Yardley, County Clerk
Voting:
Wayne A. Smith Aye
Alma L. Adams Aye
Lois L. Bulloch Aye
ANNOUNCEMENT FOR THE SPECIAL OLYMPICS AREA SUMMER GAMES :
Daniel Dail and his son Nate met with the Commission to report that Nate has qualified to participate in the National Special Olympics to be held in Lincoln Nebraska this summer. Dan also reported that Cedar City will be hosting the Utah Special Olympics this summer and he invited the Commission to attend on May 8 beginning at 8:30 a.m.
The Commission thanked Mr. Dail for his work with the Special Olympics and congratulated Nate on his accomplishments in his Special Olympics activities.
A letter was received from Western Quality Foods notifying the County that their expansion project was not going forward and therefore they would not need the prairie dog take they have requested. Western General Dairy was to be contacted to determine if the problems in obtaining a prairie dog clearance was a deciding factor in canceling their expansion plans. The take they were issued was returned and will be available for 2010.
CALENDER SCHEDULE COORDINATION :
Reed Erickson coordinated calendars with the Commissioners until the next Commission meeting.
APPROVAL OF SETTLEMENT AGREEMENT WITH IPP :
A settlement agreement with Intermountain Power Project negotiated by Millard County was presented for approval and signatures. Millard County Commission has recommended approval. After review, Alma Adams made a motion to approve the agreement and authorize the Commission Chair to sign in behalf of Iron County. Second by Lois Bulloch. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.
U OF U SCHOOL ON ALCOHOLISM AND OTHER DRUG DEPENDENCIES :
David Yardley reported that the University of Utah school on alcoholism and other drug dependencies will again match scholarships for attendance by Iron County residents involved in treatment or counseling with alcohol and drug programs. In the past Iron County has sponsored up to four people who work with programs involved in alcohol and drug dependency treatment or counseling. The Commission authorized a notice to be placed on the County website notifying the public of the availability of scholarships.
AFRICANIZED HONEY BEE DISCUSSION :
A letter received from Utah Department of Natural Resources requesting that Iron County appoint a bee inspector because africanized honey bees have been found within the County was discussed. In reviewing the description of a bee inspector as outlined in Utah Code, it was determined that at the present time a bee inspector is not required. The Commission will continue to monitor the situation and rely on State personnel to deal with appropriate training of residents and emergency response personnel.
MOU FOR THE HIGH DESERT TRAIL :
Mike Worthen reported that the original MOU between the Forest Service and interested agencies has expired. A new Memorandum is in the process of being drafted. When a draft is available it will be distributed for consideration. At this time no action is required by the County.
IRON LEGENDS RESORT LETTER OF SUPPORT :
Reed Erickson introduced a letter in support of Iron Legends Resort development of a new truck stop at Summit. Iron Legends Resort, a private development company has plans to demolish and replace the existing truck stop, to construct a hotel, restaurant, RV Park, flea market area, and to develop a heavy equipment sales and auction facility. A phase 2 is also proposed which would consist of a shopping area and a museum with emphasis on local history.
Lois Bulloch made a motion to approve a letter of support for the development and to authorize the Commission Chair to sign. Second by Alma Adams. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.
ROCKY MOUNTAIN POWER REQUEST FOR ACCESS TO PARCEL E-1891-0000:
A request for access by Rocky Mountain Power to a parcel owned by Iron County near Newcastle was reviewed. RMP is surveying and doing exploratory drilling along a new power line corridor on the Siggurd to Red Butte power line. After reviewing their request, Lois Bulloch made a motion to grant authorization for access to the Iron County parcel. Second by Alma Adams. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.
The meeting was adjourned at 4:00 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