IRON COUNTY COMMISSION MEETING
July 26, 2010
Minutes of the Iron County Commission meeting convened at 9:00 a.m. July 26, 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:
Joyce Evans County Fair Manager
Dennis Ayers County Assessor
Eugene Adams County Auditor
Geraldine Norwood County Treasurer
SYNOPSIS :
2010 FAMILY DAY PROCLAMATION APPROVAL
AGREEMENT FOR CONSOLIDATED DISPATCH SERVICE IN IRON COUNTY
APPROVAL OF MINUTES July 12, 2010
APPROVAL OF MINUTES July 2, 2010
CALENDER SCHEDULE COORDINATION
IRON COUNTY FAIRGROUNDS FUNDING REQUEST
MEMORANDUM OF UNDERSTANDING (MOU) APPROVAL
PUBLIC HEARING Geological HAZARD ORDINANCE PROPOSAL
Those assembled were led in the pledge of allegiance by Wayne Smith.
APPROVAL OF MINUTES July 2, 2010 :
Minutes of the Iron County Commission meeting held July 2, 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.
APPROVAL OF MINUTES July 12, 2010 :
Minutes of the Iron County Commission meeting held July 12, 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.
Joyce Evans reported that preparations for the county fair were progressing on schedule. Four major sponsors for events have been secured. These include the Parowan Dairy Freeze, Harris Construction, Cedar City Pediatric, and Cliff Stubbs Concrete. WECCO has agreed to sponsor fireworks for the fair. The grand marshal will be Gerald Sherratt.
Joyce also reported that the new bleachers have been installed at the fairgrounds and will be available for all arena events. This should provide an additional 600 seating capacity.
Dennis Ayers reported that the Chief Deputy Auditor, Ann Gurr has been off due to illness in the family. She should return to work this week. State tax appeals were conducted last week in Parowan. Final decisions will be delivered at a later date. Dennis also mentioned that valuation notices will be mailed this week.
Gene Adams reviewed department budgets with the Commission. He also reported that valuation notices will be mailed this week. The Auditor’s office is getting prepared for Board of Equalization. Applications for BOE hearings will be received starting after valuation notices are mailed. The Auditor’s office will have two hearing officers assigned to hear BOE matters.
Gene also reviewed County revenue figures through the first half of 2010. Areas that are down include Jail reimbursement, Jail transportation, and traffic school.
Geri Norwood reported on the results of the annual tax sale. She also reported on delinquent taxes still unpaid which she reported were higher than previous years. This is in response to the downturn in the economy.
Michael Edwards reported that the Attorney’s office has received a complaint letter regarding the humming noise created by the UP&L substation located near Lund Highway. The matter will be investigated to determine if the substation is in compliance with the conditional use permit issued to UP&L.
Lois Bulloch reported that she would be attending a Dixie National Forest RAC Committee meeting tomorrow. A list of County concerns will be presented later in this meeting.
Alma Adams reported that he visited with June Sewing representing the Iron County Building Association regarding funding of a scope of work study at the Green Lake landslide area. The group has indicated they would look into donating to the proposed study. Cedar City will also be contacted to see if they will participate in the funding of the study.
Alma also reported that he and Lois met with DWR personnel regarding the operation of the Dalley farm prairie dog preserve. DWR is trying to locate a wheel line sprinkler to help with irrigation on the farm.
Wayne Smith reported that he attended a public hearing in Beaver regarding Central Iron County Water Conservancy District application for water in western Beaver County. The hearing lasted from 9:00 a.m. to 7:00 p.m.
Reed Erickson reported that the metal exterior portions of the Jail have been repaired and repainted. A contract to provide additional cooling for the Dispatch area and the equipment server room should be ready to start within the next two weeks.
2010 FAMILY DAY PROCLAMATION APPROVAL :
A proclamation declaring the fourth Monday in September as a day to eat dinner with your children was introduced and approved on a motion by Alma Adams. Second by Lois Bulloch. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.
Reed Erickson presented a list of projects for consideration in out-year planning for the
Dixie National Forest. Projects were broken into five different groups: 1. Forest health; 2. Recreation; 3. Range improvement; 4. Water shed enhancement; and 5. Wildlife.
Suggestions to add to the list included a forest wide prairie dog recovery effort. This would not necessarily impact Iron County but could be a factor in Garfield and Wayne County in habitat enhancement and relocation.
Lois Bulloch, Commission representative on the Regional Advisory Council (RAC) will use the list as a recommendation for discussion in upcoming meetings.
AGREEMENT FOR CONSOLIDATED DISPATCH SERVICE IN IRON COUNTY:
An agreement for consolidated dispatch service in Iron County involving the State of Utah, Iron County and each of the municipalities within Iron County along with Enterprise and New Harmony in Washington County was submitted for action. Sheriff Gower was not present to discuss the proposed agreement. The matter was tabled to allow for either the Sheriff or Dispatch Director to be present to explain the agreement.
IRON COUNTY FAIRGROUNDS FUNDING REQUEST :
Joyce Evans, Iron County Fair Chair, presented a request to approve additional funding to add a concrete pad to accommodate the old bleachers located at the Fairgrounds. She reported that Parowan City would participate in the funding and installation of the concrete. Lois Bulloch made a motion to tentatively approve funding the installation of additional concrete for the older bleachers with final approval to be submitted to the full Restaurant Tax Board for final approval. Second by Alma Adams. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.
Reed Erickson will coordinate a meeting with the full Restaurant Tax Board.
Colette Eppley presented a recommendation from the County Attorney, Scott Garrett, to promote Ann Marie McIff-Allen to Deputy Attorney III. Ms. McIff-Allen has met all of the guidelines for the promotion and the promotion was planned in the current budget. Lois Bulloch made a motion to approve the promotion as recommended. Second by Alma Adams. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.
Colette presented a request to approve a new hire in the Tourism area. Thomas DeMille was recommended as a part time employee to work on Saturdays and Sundays at the Visitor Center. This replaces an employee who has resigned. Lois Bulloch made a motion to approve the hiring of Thomas DeMille as presented. Second by Alma Adams. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.
Colette presented a request to approve a Council on Aging substitute driver for the Kanarraville area. Paul Jordan would be a contract employee, being paid only for hours he actually works as a substitute driver. Lois Bulloch made a motion to approve Paul Jordan as a substitute driver. Second by Alma Adams. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.
Colette presented a recommendation from the employee Insurance Committee’s recommendation on how to proceed with health insurance renewal for 2011 for County employees. The Committee has voted eight to six to recommend a health savings account (HSA) with a high deductible to help keep insurance costs to the County down. Some advantages and disadvantages of changing to an HSA were discussed. No action was taken at this time. The matter will be discussed further when cost figures are available.
Colette presented information on performance evaluation software and she recommended a computer program called PEP from JCM Consulting. Cost to implement the program would be $7,400.00 for the first year. Action on this item was tabled to allow time to meet with all Department Supervisors. The matter will be discussed at the next Commission meeting.
Colette also presented for discussion a change in the Personnel Policy to clarify reimbursement for travel time. The Commission recommended that travel during the regular work hours be compensated at the regular salary rate. Employees are not to be compensated for travel time outside regular work hours.
PUBLIC HEARING GEOLOGIC HAZARD ORDINANCE PROPOSAL :
Wayne Smith opened a public hearing to receive comments regarding amendments to the Iron County Code by adding geologic hazard regulations.
Todd Stowell, Iron County Planner, introduced the proposed ordinance and regulations. Currently the area most impacted by the proposed ordinance would be the Green Hollow landslide area above Cedar City.
Chris Dahlin, Planning Commission Chair, commented that he had a concern with map availability as described in the proposed ordinance. Todd Stowell responded that maps mentioned in the ordinance are available except for the problem soils map. The maps being used are Utah Geological Survey maps. The maps are on a large scale and are not property specific.
Chris Dahlin also pointed out subdivisions which will be impacted by the ordinance besides the Cedar Highlands subdivision. Chekshani Cliffs will fall under these regulations because it is located in an alluvial fan area. Chris also suggested a clause be added to address natural drainage and to add that restrictions should be required on plats and deeds. Chris supplemented his remarks with a written statement which will be added to the record.
Jerry Shaffer questioned how natural drain water would be controlled in landslide areas and where the water would eventually be placed.
Jenny Hendricks, representing the Board of Realtors, stated concerns with home buyer disclosures on properties within landslide and other geologic hazard areas. With current maps and with the proposed ordinance, property owners have no way to identify what are known hazards. Ms. Hendricks also pointed out that market values were being adversely affected by this proposed ordinance which in turn will cause tax values to decrease.
Wendell Shallenburger gave tax information for the Cedar Highlands area. He pointed out that the reduction in value in Cedar Highlands would result in a tax shift to other taxpayers within the County. Mr. Shallenburger stated that in his opinion, the County should not use tax dollars to pay for a global study of the Green Hollow area but that the study should be funded by people wishing to develop and build on the slide area.
Tom Tomazinski commented that water drainage is not a problem in Cedar Highlands as current drainage gets water to natural drainages and off from the mountain quickly without a chance to soak into the ground.
Gary Rosenfield stated that most of the homes located in Cedar Highlands were designed as summer homes only. He also stated that in his opinion more water came from natural sources such as rain and snow than septic systems. If people build on good sites away from cliffs and springs, the area should be safe to continue development.
Carl Palmer, representing a Mountain Valley Water Users Group, stated that he felt the ordinance answers concerns with development and he urged the Commission to move forward with adoption. He also stated that scoping studies are needed and he urged they be performed. He also suggested that the County put on hold issuing any building permits or development approval in the Green Hollow area pending adoption of the proposed ordinance.
Benjamin Ruesch, attorney for Cedar Highlands Homeowners, read a letter requesting the County exempt Cedar Highland Subdivision from provisions of the proposed ordinance by adding provisions to the ordinance that would accomplish this purpose. He further read a statement by Gary Player who believes the slide area is a result of glaciation in the last ice age.
Mr. Ruesch further threatened the filing of a lawsuit against the County if the ordinance is adopted. A copy of the letter was presented as a written comment.
Pete Bromoley stated that he agreed with statements by Carl Palmer and urged the Commission to adopt the proposed ordinance. Mr. Bromoley stated he has a PhD in Geology and that the area definitely needs a global study to prevent problems in the future.
Bill Lund, Utah Geological Survey, stated Utah is landslide country and Iron County is not exempt. He stated he is in favor of adopting the proposed ordinance which will allow development opportunities to continue. He also urged that the total landslide area in Green Hollow be studied, not broken into smaller segments for study.
Craig Spitler commented that the philosophy of “buyer beware” should govern. People should be responsible for the decisions they choose to make.
Commissioner Bulloch commented that the County is attempting to do the right thing for the County. The purpose of government is to provide for the health and safety of the citizens that reside within the County.
John Tulley thanked the Commission for the effort they have put into developing a safe area for its citizens.
Ron Reber questioned “Where would you build in Iron County?” He then stated it is better to error on the side of less government and allow citizens to make their own decisions regarding where they live.
Russ Olsen, a Cedar Highlands property owner, stated in his opinion lots could be developed safely with homes being sited properly.
Michael Edwards recommended the Commission proceed with adopting the proposed ordinance. His legal opinion was that the County is in a good position to proceed.
Todd Stowell stated that the maps relied upon were prepared by the US Geological Survey and the Utah Geological Survey and are the best available at the present time. He urged the Commission to proceed with adopting the ordinance.
After all public comments were presented, the Commission closed the public hearing and directed that the matter be placed on the next regular Commission agenda for action.
A public hearing was opened to receive comments regarding a proposed zone change on Cedar Mountain from R-5 and R-1/2 to A-20 within Sections 25 and 36, Township 36 South, Range 11 West, SLBM; and Sections 30 and 31, Township 36 South, Range 10 West, SLBM.
Chad Nay, Zoning Administrator, explained that the proposed zone change would place all of the land in the above described sections back into an A-20 designation except for the present Cedar Highlands subdivision which would be designated as a R-5 zone with lot setbacks consistent with the current R-½ zone. The Planning Commission has reviewed the proposed zone change and have recommended approval by the County Commission.
Michael Edwards explained that the proposed change is a density issue for the Green Hollow landslide area.
Craig Spitler asked if there were undeveloped lots in Cedar Highlands smaller than the proposed five acre lot size. Chad Nay answered that yes, the lots are smaller than five acres, however they would be grand fathered in as legal lots of record and would be allowed to develop.
Chad Nay also explained that the proposed Capo De Monte Phase I can continue with the approval process because the application for approval was submitted prior to the proposed zone change.
Linford Nelson, property owner, stated that if the zone change is approved then he would be unwilling to participate in financing a scoping study as it would not be economically feasible to develop a subdivision on twenty acre lots.
The Commission responded that Mr. Nelson could consider doing a cluster subdivision where homes would be concentrated in one area with larger areas of open space.
Jenna Webb asked for an explanation of the differences between a R ½ and a R 5 zone. Chad Nay explained that differences were in lot size and setbacks. There are also more rural uses available in the R 5 zone.
Wendell Shallenburger questioned what the tax consequence of the zone change. The County responded that lot size can affect market value. This is a consideration which will be addressed in the tax assessment process.
After all public comments were received, the public hearing was closed. Lois Bulloch made a motion to approve the proposed zone change as recommended by the Planning Commission. Alma Adams seconded the motion. The Commission then discussed issues with the zone change and the motion was withdrawn and action tabled to the next Commission meeting.
MEMORANDUM OF UNDERSTANDING (MOU) APPROVAL :
Todd Stowell presented a proposed MOU between Five County Association of Governments and Iron County for coordinating and managing the Iron County Rural Planning Organization Work Program (ICRPO). Alma Adams made a motion to approve the MOU as presented. Second by Lois Bulloch. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.
A hearing requested by Senator Stowell by the State Constitutional Defense Counsel regarding impacts of the listing of prairie dogs as a threatened species are to be conducted on July 29 in Salt Lake City. Reed Erickson will be attending representing Iron County to discuss impacts on the local economy due to the current restrictions placed on the County.
CALENDER SCHEDULE COORDINATION :
Reed Erickson coordinated calendars with the Commissioners until the next Commission meeting.
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