IRON COUNTY COMMISSION MEETING
June 14, 2010
Minutes of the Iron County Commission meeting convened at 9:00 a.m. June 14, 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:
Maria Twitchell County Tourism Director
Charlie Morris Parks and Recreation / LEPC
Jared Wilson Information Technology
Ronald Johnson Ambulance Director
SYNOPSIS :
2008 BOARD OF EQUALIZATION MATTER
APPROVAL OF MINUTES May 24, 2010
CALENDER SCHEDULE COORDINATION
DISTRIBUTE UTAH PRAIRIE DOG MITIGATION CREDITS
GREEN HOLLOW LANDSLIDE SCOPE OF WORK STUDY
IMPROVEMENT AREA FOR 3800 WEST
IRON COUNTY COMMUNITY DEVELOPMENT AND RENEWAL AGENCY
IRON COUNTY RESTAURANT TAX BOARD
MEMORANDUM OF UNDERSTANDING WITH UDOT
NOTIFICATION OF CONDITIONAL USE PERMIT FOR SOLAR PLANT 1 2
PROPOSED VETERAN’S CEMETERY IN IRON COUNTY
RAINBOW MEADOWS RANCHOS WATER SYSTEM
UTAH RETIREMENT SYSTEM CHANGES APPROVAL
Those assembled were led in the pledge of allegiance by Lois Bulloch.
APPROVAL OF MINUTES May 24, 2010 :
Minutes of the Iron County Commission meeting held May 24, 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.
Maria Twitchell reported that the Transient Room Tax (TRT) revenue for 2010 is up 16% over what was collected in 2009 at this time of the year. Requests for information about the County has nearly doubled for the same period. The County Tourism is moving more into the internet field and will include facebook and twitter links on their website.
Charlie Morris reported that the Reverse 911 system is still being fine tuned. There is a problem with notifications going to every address with similar streets because zip codes are not used in the data base. Charlie also reported that Emergency Operations Center equipment has been purchased with a grant. The County will be responsible to install the equipment.
Charlie reported that Woods Ranch has been opened. The water system has been turned on and tested. The area needs to have a replacement fence constructed. He suggested a zig zag fence to replace the current fence which has deteriorated. The Three Peaks Recreation Area is also in operation. Currently the far back water taps are working, and will continue as long as the water level in the CICWCD tank remains high.
Jared Wilson reported that the IT Department is operating within budget at this time. There are unanticipated projects that may require budget adjustments such as installing fiber optic lines into the Cedar ambulance building to operate the Emergency Operations Center. There will also be additional wiring required for the center. The Road Department is evaluating software to inventory and manage maintenance projects on County roads. The IT Department is evaluating voice over IP technology to route phone calls through the computer networks.
Ronald Johnson reported that the Ambulance department budget is over projections due to increased fuel costs. As of April 30, 52% of the Department budget for fuel had been expended. Ron also reported on burglaries at the Cedar and Parowan ambulance garages. Drug tests were administered to ambulance employees with all coming back clean. Two employees refused the tests and have been relieved of duty in the department.
Ambulance calls are up over 2009 with 1,147 911 calls for service being logged during the first five months.
IRON COUNTY 2010 TAX SALE CERTIFICATION :
Christene Lowder reported on the results of the annual tax sale conducted May 27. One property owner, New Horizons, requested that Parcel # 25 have the sale cancelled and they be allowed to redeem the property. After reviewing the request, and noting that all appropriate actions required by state law have been followed, Lois Bulloch made a motion to certify the tax sale results as conducted on the date advertised. Second by Alma Adams. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.
PROPOSED VETERAN’S CEMETERY IN IRON COUNTY :
Russell A. Kennedy, Southern Utah Mortuary, came before the Commission seeking support to locate a Veterans cemetery in Iron County. He suggested two options, designating a State cemetery, of which there is currently one located at Camp Williams or a National cemetery. A National cemetery must contain a minimum of forty acres to qualify. In order to move forward with a proposal, a working group needs to be formed and come forward with a recommendation. The Commission requested that the matter be placed on the next Commission agenda to establish a working group.
IRON COUNTY COMMUNITY DEVELOPMENT AND RENEWAL AGENCY: RESOLUTION 2010-1:
The governing board (the “Board”) of the Iron County Community Development and Renewal Agency (the “Agency”) met in special public session at its regular meeting place in Parowan, Utah, on June 14, 2010, at 9:00 a.m. The meeting was called to order by the Chairman of the Board with the following being present, and constituting a quorum:
Wayne A. Smith Chairman
Alma L. Adams Boardmember
Lois L. Bulloch Boardmember
Also present:
Michael Edwards Deputy Attorney
David I. Yardley Clerk
After the meeting had been duly called to order and after other matters not pertinent to this Resolution had been discussed, a Certificate of Compliance with Open Meeting Law with respect to this June 14, 2010, meeting was presented to the Board, a copy of which is attached hereto as Exhibit A.
Thereupon, the following Resolution was approved and adopted on the following recorded vote on a motion by Alma Adams, Second by Lois Bulloch:
AYE: Wayne A. Smith
Lois L. Bulloch
Alma L. Adams
NAY: None
The Resolution is as follows:
RESOLUTION NO. 2010-1
A RESOLUTION OF THE GOVERNING BOARD OF THE IRON COUNTY COMMUNITY DEVELOPMENT AND RENEWAL AGENCY AUTHORIZING THE PREPARATION OF A DRAFT PROJECT AREA PLAN AND RELATED MATTERS.
WHEREAS, the Iron County Community Development and Renewal Agency (the “Agency”), desires to begin the process of adopting an economic development project area plan pursuant to the Limited Purpose Local Government Entities—Community Development and Renewal Agencies, Title 17C, Utah Code Annotated, 1953, as amended (the “Act”):
BE IT RESOLVED BY THE GOVERNING BOARD OF THE IRON COUNTY COMMUNITY DEVELOPMENT AND RENEWAL AGENCY, AS FOLLOWS:
Section 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 Resolution) by the Board and by the officers of the Agency directed toward the preparation of a draft project area plan, are hereby ratified, approved, and confirmed.
The Board hereby authorizes the preparation of a draft economic development project area plan for a project area to be located in the general vicinity of 2200 North, 2200 West Parowan Valley, and encompassing approximately 862 acres. The Project area encompasses parcel numbers C-0722-0000-0000, C-0731-0000-0000, C-0732-0000-0000, C-0820-0000-0000 and C-0828-0002-0000
Section 2. The Board hereby recognizes that Iron County has one of the lowest average annual wage rates in the State of Utah, and that approval of the draft economic development project area plan will promote the creation and retention of high-paying private jobs in the project area described above.
Section 3. The appropriate officers of the Agency are hereby authorized and directed to take all action necessary or appropriate to effectuate the provisions of this Resolution.
Section 4. If any one or more sections, sentences, clauses, or parts of this Resolution shall, for any reason, be held invalid, such judgment shall not affect, impair, or invalidate the remaining provisions of this Resolution, but shall be confined in its operation to the specific sections, sentences, clauses, or parts of this Resolution so held unconstitutional and invalid, and the inapplicability and invalidity of any section, sentence, clause, or part of this Resolution in any one or more instances shall not affect or prejudice in any way the applicability and validity of this Resolution in any other instances.
Section 5. All resolutions of the Agency in conflict with this Resolution are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revive any Resolution, by-law or regulation, or part thereof, heretofore repealed.
PASSED BY THE IRON COUNTY COMMUNITY DEVELOPMENT AND RENEWAL AGENCY THIS JUNE 14, 2010.
(SEAL)
By:
Chairman
ATTEST:
By:
County Clerk
EXHIBIT A
CERTIFICATE OF COMPLIANCE WITH OPEN MEETING LAW
I, David I. Yardley, the undersigned Clerk of the Iron County Community Development and Renewal Agency (the “Agency”), do hereby certify, according to the records of the Agency in my official possession, and upon my own knowledge and belief, that in accordance with the requirements of Section 52-4-202, Utah Code Annotated, 1953, as amended, I gave not less than twenty-four (24) hours public notice of the agenda, date, time and place of the June 14, 2010, public meeting held by the governing board of the Agency (the “Board”) as follows:
(a) By causing a Notice, in the form attached hereto as Schedule 1, to be posted at the principal offices of the Agency on June 9, 2010, at least twenty-four (24) hours prior to the convening of the meeting, said Notice having continuously remained so posted and available for public inspection until the completion of the meeting;
(b) By causing a copy of such Notice, in the form attached hereto as Schedule 1, to be delivered to The Spectrum, on June 9, 2010, at least twenty-four (24) hours prior to the convening of the meeting; and
(c) By causing a copy of such Notice, in the form attached hereto as Schedule 1, to be published on the Utah Public Notice Website (http://pmn.utah.gov).
I further certify that the Agency does not hold regular meetings that are scheduled in advance over the course of a year, but meets on an unscheduled basis from time to time, as needed.
IN WITNESS WHEREOF, I have hereunto subscribed my official signature this 14th day of June, 2010.
(SEAL)
By:
County Clerk
IRON COUNTY RESTAURANT TAX BOARD :
The governing board (the “Board”) of the Iron County Restaurant Tax Board (the “Board”) met in special public session at its regular meeting place in Parowan, Utah, on June 14, 2010, at 9:00 a.m. The meeting was called to order by the Chairman of the Board with the following being present, and constituting a quorum:
Wayne A. Smith Chairman
Alma L. Adams Boardmember
Lois L. Bulloch Boardmember
Maria Twitchell Boardmember
Absent:
Rusty Aiken Boardmember
A request to amend restaurant tax budget by Southern Utah University Museum of Art, Shakespear Festival, and Iron County to fund the Aquatic Center was presented by Maria Twitchell, Tourism Executive Director. It is proposed that the three projects be lumped together in one bonding request to pursue the issuance of revenue bonds to fund the three projects.
Lois Bulloch made a motion to authorize moving forward with a bond proposal to fund the three projects with revenue bonds pledged against the Restaurant Tax Fund. Second by Alma Adams. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye, Maria Twitchell, Aye.
Colette Eppley presented for approval Micheal Roundy as a Road Maintenance Worker. Lois Bulloch made a motion to approve the hiring as requested. Second by Alma Adams. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.
Colette presented for approval Goldie Pailes as a part time cook for the Council on Aging. Lois Bulloch made a motion to approve the hiring as requested. Second by Alma Adams. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.
Colette presented a request to approve a part time seasonal worker for the Auditor’s Office to help with Board of Equalization. Teresa Caldwell was approved on a motion by Alma Adams. Second by Lois Bulloch. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.
The following were recommended as temporary part time election workers; Christine Burton, Karen LeFevre, Nora Robinson, Douglas Vincent, and Kenneth Orton. Alma Adams made a motion to approve the seasonal election workers. Second by Lois Bulloch. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.
George Eberle was approved as a volunteer in the Parks and Recreation department on a motion by Lois Bulloch. Second by Alma Adams. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.
Colette presented draft policy changes for Sections 2, 18 and 42 of the County Personnel Policy. The changes deal with changes in time cards and time accounting. The policies are not ready for adoption yet but need to be reviewed for recommendations. The matter was tabled to allow time for more refinement of the policies.
UTAH RETIREMENT SYSTEM CHANGES APPROVAL :
Lois Bulloch declared a conflict of interest on this matter and did not participate in the discussion or vote.
Colette Eppley presented a report on changes in the retirement rates for employees who have retired from one position and are drawing retirement benefits form the Utah Retirement System and have been hired by the County. Currently there are five employees that fit this category. Under changes mandated by legislation, employees that are working in the public safety category will receive a maximum of 21.64% placed into a 401K account. The County has the option to reduce this amount. The non public safety limit will be 11.19% contribution to a 401K.
After discussing all of the options and the budget implications, Alma Adams made a motion to set the contribution rate at 11.19% for post retirees including public safety. Future post retiree hires will be governed by State law. Second by Wayne Smith. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Abstained.
2008 BOARD OF EQUALIZATION MATTER :
The Commission convened as a 2008 Board of Equalization to hear an appeal of an alleged error in acreage on property owned by Jeffrey and Paula Heil. The matter was remanded from a hearing at the State Tax Commission to address the issue of taxable acreage.
Paula Heil explained the claim of error as follows: Heil’s purchased the property with the intent to farm as was the historic use of the property. They opted to build a home on the property which required a separate parcel which the bank could loan money. This required a release from the previous owner which was granted. The Heil’s had their property surveyed to divide it into twenty acre agricultural lots in about 1995. A record of survey was submitted to the County in 2005. The survey shows an error in acreage of slightly more than 9 acres. The Heil’s contend that the survey filed in 2005 should have created separate parcels, especially for the home parcel which should have been described as a 20 acre parcel including access rights of way.
The Board stipulated that acreage calculations used by the Assessor’s office could be in error and that the survey acreage computation which increased the surveyed area by 9 acres should be used on a motion by Lois Bulloch. Second by Alma Adams. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.
The request by Heil’s to assign tax ID numbers to parcels identified in their survey was denied as an item not within the authority of the Board of Equalization. The Commission suggested the Heil’s submit their request to subdivide the property into separate parcels to the Planning Commission. The Commission further stated that all of the parcels were included on the tax assessment roll and that parcels as described in the survey were never approved or complied with subdivision requirements.
DISTRIBUTE UTAH PRAIRIE DOG MITIGATION CREDITS :
Adam Kavalunas, Utah Department of Wildlife Resources, met with the Commission to review prairie dog take requests. Because take approved earlier was turned back, there is a total of 81.97 permanent take permits available.
The Commission approved take on the following parcels; Lot 44, Nichols Landing Subdivision, Kelly Peterson, one prairie dog; Lot 45, Nichols Landing Subdivision, Kelly Peterson, one prairie dog; Lot 52, Nichols Landing Subdivision Phase II, Brian Peterson, one prairie dog; Lot 53, Nichols Landing Subdivision Phase II, Brian Peterson, one prairie dog; Lot 54, Saddleback Views Subdivision, Josh Cheney, one prairie dog; and Lot 55, Saddleback Views Subdivision, Josh Cheney, two prairie dogs. Motion to approve take was made by Lois Bulloch. Second by Alma Adams. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.
NOTIFICATION OF CONDITIONAL USE PERMIT FOR SOLAR PLANT :
Chad Nay presented a notice of a conditional use permit application from Parowan Valley Holdings, Inc. represented by Dennis Stowell, Kelly Stowell, and Tim Tennis for property located within Sections 5 and 6, Township 34 South, Range 9 West, SLB&M and Sections 32 and 33, Township 33 South, Range 9 West, SLB&M. to construct and operate a solar photovoltaic power generation plant. The proposed area will include approximately 800 acres.
Chad reviewed conditions proposed for the operation. The request will be discussed by the Planning Commission in the July 1, 2010 meeting. Chad requested any comments or suggestions by the Commission be submitted prior to the Planning Commission meeting. No action was required by the County Commission.
Dennis Ayers commented on the white tailed prairie dog being denied protection under the endangered species act because of numbers and habitat range. He questioned why the Utah prairie dog was not similarly identified as there appears to be no difference except for size between the two groups.
Wendell Shallenburger commented on prairie dog problems on the Cedar City golf course. The Commission explained that they are covered under a separate HCP administered by Cedar City.
GREEN HOLLOW LANDSLIDE SCOPE OF WORK STUDY :
Lois Bulloch reported that the Planning Commission discussed the need for a scope of work study for the Green Hollow Landslide area to determine how extensive a complete study would be. Several developers and groups committed funds toward a scope of work study.
Commissioner Bulloch informed the Commission that she stated that she would vote in favor of the County participating in the cost of the study up to $2,000.
Steve Platt commented that three companies that do this type of work have been contacted. The Engineer’s office is awaiting their response on what a scope of work study is estimated to cost.
Alma Adams made a motion to authorize the County to participate in the cost of the scope of work study up to $2,000.00 as a one time expenditure. Participation is based on an existing developed subdivision in the area and additional requests to develop subdivisions on the mapped landslide area. This participation is not approved for any future study request. Second by Lois Bulloch. Voting: Wayne Smith, Abstained; Alma Adams, Aye; Lois Bulloch, Aye.
A draft of a proposed road easement across property owned by Utah Department of Natural Resources, Division of Wildlife Resources, and SITLA which is designated as a critical wildlife management area access to 3200 Subdivision Braffits Creek Estates was presented for discussion. Michael Edwards reviewed the MOU in place which was submitted several years ago to allow access to the 3200 Subdivision. The draft agreement has fencing requirements and other conditions not addressed in the MOU.
Martin Bushman, Utah Attorney General’s Counsel, explained that this is a draft and is standard language from other contracts. He stated that changes need to be made to comply with the MOU.
Frank Nichols stated that as a property owner in the area, a second access addressed in the original MOU has not been designated. This would provide additional access to the mountain area that would make services more available to the area.
The matter was tabled to allow a complete re write of the proposed agreement to designate the second access and to designate an acceptable route. The agreement must conform with the existing MOU.
BOOKMOBILE CONTRACT APPROVAL :
A contract for bookmobile services provided to Iron County was presented for approval. Because of changes pushed by the State during the current contract period, the matter was tabled to allow further study of the bookmobile project. The matter is to be placed on the next agenda for action.
IMPROVEMENT AREA FOR 3800 WEST :
A letter from Martha Bayer discussing the proposed improvement area for 3800 West in Cedar valley was read and discussed. Steve Platt reported that one property owner located near the start of the project area was not willing to deed a right of way and was not interested in participating in an improvement area project.
Michael Edwards discussed County ordinances which require a 66 foot easement in order to proceed with an improvement project. The Commission discussed options to waive compliance with the County ordinance for this project. The matter was tabled and will be placed on the next agenda for action.
The Commission recalled for action a report of the need to adjust the County Fair improvement project to construct additional bleachers at the Fairgrounds. The original request did not include concrete for the foundation for the new seating. Cost of the concrete will be $2,500 and labor will be supplied by County employees. Lois Bulloch made a motion to approve a budget adjustment to add $2,500 to the Fair budget for concrete. Second by Alma Adams. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.
The Cedar City Trap Club requested a renewal of the lease agreement for facilities on Kitty Hawk Drive in Cedar City. Lois Bulloch made a motion to approve the request for a lease extension of five years. Second by Alma Adams. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.
MEMORANDUM OF UNDERSTANDING WITH UDOT :
A memorandum of understanding (MOU) between Iron County and the Utah Department of Transportation (UDOT) to form a Rural Planning Organization for transportation planning was presented for approval. Lois Bulloch made a motion to approve the MOU and authorize the Commission Chair to sign the agreement. Second by Alma Adams. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.
RAINBOW MEADOWS RANCHOS WATER SYSTEM :
Reed Erickson reported on a proposal to annex Rainbow Meadows Ranchos into the Central Iron County Water Conservancy District. The Legislature amended the Code to allow non contiguous parcels to annex into special districts. Property owners in Rainbow Meadows Ranchos have expressed a desire to annex. The Water Conservancy District board has given their support to the proposal to annex the subdivision into the District.
Rainbow Meadows Ranchos existing water system in not adequate and the State has ordered that the existing system not be used resulting in residents being required to haul water for drinking.
The Commission stated that they were not opposed to the annexation and encouraged the Water Conservancy District to proceed with the annexation process.
UNCLAIMED AND INDIGENT BURIAL :
Michael Edwards reported on Utah Code requirements for County participation in unclaimed and indigent burial expenses. The question was generated from a request from a mortuary in Salt Lake concerning a resident of Iron County that was handled in Salt Lake City. Mike explained that the County responsibility is for indigent persons only. If the deceased’s family claims the body, the County is not responsible to help with burial costs.
CALENDER SCHEDULE COORDINATION :
Reed Erickson coordinated calendars with the Commissioners until the next Commission meeting.
The meeting was adjourned at 5:00 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