IRON COUNTY COMMISSION MEETING
MINUTES
April 14, 1997
Minutes of the regular meeting of the Iron County Commission held April 14, 1997 in Commission Chambers at the Iron County Courthouse, Parowan Utah convened at 9:00 a.m.
Officer in attendance included:
Thomas B. Cardon Commission Chairman
Roy P. Urie Commissioner
Dennis E. Stowell Commissioner
David Yardley County Clerk
Karla Staheli Asst. County Attorney
SYNOPSIS :
COMMISSION REPORTS 1
County Option Sales Tax 2
Dennis Stowell 1
Roy Urie 2
Shooting Range 2
Tom Cardon 2
ELECTRONIC VILLAGE 10
EXTENSION SERVICE AGREEMENT 4, 10
FARM BUREAU - ALMA ADAMS 9
FINAL PLAT APPROVAL 9
RANCHO CIRCLE SUBDIVISION 9
INTERLOCAL AGREEMENT-UAC MUTUAL 3
LANDFILL RATES - GREG MOSDELL 10
MINUTES 1
MINUTES OF MUNICIPAL BUILDING AUTHORITY 1
ORDINANCE 150 - AMENDMENT TO LAND MANAGEMENT CODE 6
ORDINANCE 150 - PUBLIC HEARING 4
PAROWAN MAIN STREET PROGRAM 4
PERSONNEL 10
RESOLUTION 97-4 INTERLOCAL AGREEMENT-UAC MUTUAL 2
ROAD REQUEST - ALMA ADAMS 9
SKYVIEW TECHNOLOGY 10
SURPLUS VEHICLE 2
TV BUILDING BIDS 10
WARRANT APPROVAL AND ADJOURNMENT 11
MINUTES :
Minutes of the regular Iron County Commission meeting held March 24, 1997 were approved as amended on a motion by Dennis Stowell. Seconded by Roy Urie and Tom Cardon voted in favor.
MINUTES OF MUNICIPAL BUILDING AUTHORITY :
Minutes of a special meeting of the Municipal Building Authority of Iron County, Utah held March 24, 1997 were approved on a motion by Roy Urie, second by Dennis Stowell and Tom Cardon voted in favor.
COMMISSION REPORTS :
Dennis Stowell reported that State funds have been made available to review County Ordinances to determine if they are in compliance with existing state laws. He will follow up and determine what procedure the County must follow in the review process.
Dennis also reported that funds have been made available through the State to help Search and Rescue units obtain snowmobiles and snowcats for use in rescue operations. Applications are to be submitted through the Utah Association of Counties (UAC). Dennis will check further to see if funds could be obtained to help offset the purchase in 1997 of a used snowcat.
County Option Sales Tax: Dennis Stowell reported that he had attended a session at the UAC conference on the implementation of the one quarter percent (.25%) county option sales tax. Truth in Taxation hearings must be held and an ordinance must be adopted to provide for the collection of the tax. The tax would take effect on January 1, 1998 if it is passed. It is estimated that this would result in revenue to the County of $900,000.00 annually. The property tax would be reduced the first year so that a tax windfall would not occur.
The County Attorney’s office was ask to begin the procedure for implementing the sales tax option. The first hearing is to be scheduled for May 12, 1997 at the Commission Meeting.
Roy Urie reported that jail reimbursement for state prisoners sentenced to County Jail by District Judges was funded at 6.5 million dollars for FY 1997-98 by the Legislature. Full funding should be at 8.4 million. This will result in an increase of funding for 1996 but will not completely pay counties for the costs associated with housing state prisoners.
Commissioner Urie also reported that a Wildland Fire Suppression Fund has been established and the State has funded 1.5 million as seed money in the fund. This money will be used to help County’s defray the costs associated with fighting wild fires that occur on private property.
Tom Cardon reported that he and Dennis Stowell had attended the inauguration of Paiute Tribal officers. He asked that a letter expressing thanks for being included in the tribal activities.
Commissioner Cardon reported that the county has been billed $1,822.00 for costs associated with the animal shelter in Cedar City. This will cover charges for animals housed at the animal shelter that were picked up from County area outside Cedar City limits during the first quarter of 1997.
Shooting Range: Commissioner Cardon reported that the shooting range located near the South interchange in Cedar City must be closed. With the use of the Cross Hollow middle school, it has become increasingly unsafe to use the range. An application has been made to the BLM to obtain property in the Iron Springs area. There is a question on access to the property through the Brown Farms property. Commissioner Urie will contact David Brown to see if a solution to the road right-of-way question can be resolved.
SURPLUS VEHICLE :
Ira Schoppmann reported that he now has a vehicle that is no longer in service. He requested that the vehicle be listed as surplus property.
Commissioner Urie made a motion to list a 1988 Chevrolet, Serial # 1G1BL5161JR175251 as surplus property and proceed to advertise it for sale. Second was by Commissioner Stowell and Commissioner Cardon voted in favor.
RESOLUTION 97-4 INTERLOCAL AGREEMENT-UAC MUTUAL :
A resolution as written below was presented to the Commission for approval. After reviewing the resolution, Commissioner Urie made a motion to approve the resolution as presented and to authorize the Commission Chairman to sign the resolution in behalf of Iron County. Second was by Commissioner Stowell and Commissioner Cardon voted in favor and signed the resolution.
RESOLUTION 97-4
A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDED INTERLOCAL COOPERATION AGREEMENT WITH OTHER MEMBERS OF UTAH ASSOCIATION OF COUNTIES INSURANCE MUTUAL, RELATING TO THE ESTABLISHMENT , FUNDING AND OPERATION OF UTAH ASSOCIATION OF COUNTIES INSURANCE MUTUAL
WHEREAS, pursuant to the provisions of the Interlocal Cooperation Act, Title 11, Chapter 13, Utah Code Annotated, 1953 as amended, and the Utah Insurance Code, Title 31A, Chapter 5, Utah Code Annotated, 1953 as amended, public agencies, including political subdivisions of the State of Utah as therein defined, are authorized to enter into mutually advantageous agreements to provide services and facilities; and
WHEREAS, the Board of County Commissioners of Iron County, Utah, has determined that the interests and welfare of the public within Iron County’s jurisdiction will be best served by an Amended Interlocal Cooperation Agreement with other members of Utah Association of Counties Insurance Mutual relating to the establishment, funding and operation of Utah Association of Counties Insurance Mutual.
NOW THEREFORE, be it resolved by the Board of Iron County Commissioners of Iron County, Utah, that Iron County approve and authorize the Commission Chair to execute an Amended Interlocal Cooperation Agreement with other members of Utah Association of Counties Insurance Mutual relating to the establishment, funding and operation of Utah Association of Counties Insurance Mutual.
APPROVED AND ADOPTED this 14th day of April, 1997.
BOARD OF COUNTY COMMISSIONERS
IRON COUNTY, UTAH
by: /s/ Thomas B. Cardon
Thomas B. Cardon, Chair
ATTEST:
by: /s/ David I. Yardley
David I. Yardley, Clerk, Iron County
APPROVED AS TO FORM:
by: /s/ Scott Burns
Scott Burns, Attorney, Iron County
INTERLOCAL AGREEMENT-UAC MUTUAL :
An interlocal agreement between Utah Association of Counties Insurance Mutual and Iron County which establishes the Mutual as a government entity to comply with the Laws of the State of Utah; to ratify the previous formation of the group-funded Mutual to fund through joint self-insurance, reinsurance, excess insurance as permitted by Code and bylaws; to provide certain claims and risk management services; and to provide other services and functions as permitted by law and the Articles of Incorporation of the Mutual.
Roy Urie made a motion to approve the interlocal agreement as presented and to authorize Commissioner Cardon to sign the agreement in behalf of Iron County. Second was by Dennis Stowell and Tom Cardon voted in favor and signed the document.
EXTENSION SERVICE AGREEMENT :
An agreement for Extension Education approving the 1997 budget was approved on a motion by Dennis Stowell, Second was by Roy Urie and Tom Cardon voted in favor and signed the agreement.
PAROWAN MAIN STREET PROGRAM :
Nancy Dalton and Leilani Bentley came before the Commission and presented an afghan that can be purchase commemorating Iron County history. The main street committee will be selling these as a fund raising effort.
ORDINANCE 150 - PUBLIC HEARING :
Roy Urie made a motion to open a public hearing to receive input on Ordinance 150 which includes amendments to the Land Management Code. Second was by Dennis Stowell and Tom Cardon voted in favor. Because of the number of people in attendance the hearing was moved to the District Court Room.
Commissioner Cardon then explained that the purpose of this hearing was to receive input on Ordinance 150. Comments about other issues not relating to this item would not be heard at this time. The following people made statements regarding the ordinance:
1. Lloyd Limb: spoke against the amendment. He stated that this would prevent families splitting family property among children or family if a subdivision was defined as written.
2. Georgia Limb: also spoke against the amendment for the same reasons.
3. Bill Lyons: spoke against the County adopting any ordinance. He said that the county should not interfere with the rights of individuals to do with their property as they please.
4. Bobbie Eiring: felt that the penalty as defined in the amendment were excessive. She said that the penalty should be reduced to an infraction and not placed on a misdemeanor level.
5. Lee King: spoke in opposition to placing further restrictions on property. He said that the county should not interfere with the rights of individuals to do with their property as they please.
6. Rose Page: said she was opposed to the requirement to subdivide when splitting property between family members. When family members split property they should not be under the same restrictions as land developers.
7. Matt Hunting: spoke in opposition to the requirement that subdivided property should have adequate access to emergency vehicles. He suggested that property owners be allowed to place a disclaimer on their deed saying no emergency services were desired or expected.
8. Eldon Orton: stated that the County should not be involved in how individual propose to use their property.
9. Stewart Sommerville: felt that any amendment should be presented to the voters for their approval. The county Commission should not pass any ordinance without voter approval.
10. Steve Brown: requested that the commission leave the ordinance as it is currently written with inconsistancies with current state law.
11. Nate Brown: spoke in opposition to placing further restrictions on property. He said that the county should not interfere with the rights of individuals to do with their property as they please.
12. Joel Brown: ask the Commission if they knew what a flag was. Commissioner Cardon replied that this was a hearing on a zoning ordinance amendment and was not the proper place to introduce material not in conjunction with the hearing. Mr. Brown continued to question the Commission about other matters. Since Mr. Brown refused to comment on the proposed Ordinance he was declared out of order and was ask to leave the hearing. Sheriff Schoppmann escorted Mr. Brown from the chambers.
13. Ted Nelson: requested that owners of property over twenty acres be notified of the procedure to follow if they would like to subdivide their property. He suggested that this could be included with a tax notice.
14. Jim Pearce: questioned the procedure needed to divide property between family members. He did not want to be required to follow subdivision procedures to divide among children.
15. Annette Meisner: ask about subdividing property that would currently be covered under the subdivision ordinance. She said they would not want further restrictions on dividing their property.
16. Joe Miner: said that this was an attempt by Government to control the use of private property and should not be passed.
17. Scott Holyoak: ask that action on the Ordinance be postponed until next commission meeting to allow additional time to study the ordinance.
Due to time conflicts the hearing was adjourned at this time and re opened at 2:00 p.m. At that time additional comments were received.
18. Bobby Eiring: ask for amendments in Section 11 which would clarify and separate the definition of Agriculture and Subdivision.
19. Frank Nichols: stated that he was opposed to applying the same restrictions for roads etc. on mountain property where 66' road right-of-ways may be impractical.
20. Brent Williams: suggested that some areas of the County could be exempted from the ordinance.
ORDINANCE 150 - AMENDMENT TO LAND MANAGEMENT CODE :
After all public comments were heard and amending Section 11 to clarify the intent of the section, Roy Urie made a motion to adopt Ordinance 150 and publish the Ordinance as required. Second was by Dennis Stowell and Tom Cardon voted in favor.
IRON COUNTY ORDINANCE 150
AN ORDINANCE OF IRON COUNTY, UTAH ADOPTING AMENDMENTS TO THE IRON COUNTY LAND MANAGEMENT CODE OF 1981 AND SETTING AN EFFECTIVE DATE.
IT IS HEREBY ORDAINED that the following amendments to the Iron County Land Management Code are hereby approved and adopted.
SECTION 1: Article II Section 202 (123) Subdivision amended to read:
(i) "Subdivision" means any land that is divided, re-subdivided or proposed to be divided into two or more lots, parcels, sites, units, plots, or other division of land for the purpose, whether immediate or future, for offer, sale, lease, or development either on the installment plan or upon any and all other plans, terms, and conditions.
(ii) "Subdivision" includes the division or development of land whether by deed, metes and bounds description, devise and testacy, lease, map, plat, or other recorded instrument.
(iii) "Subdivision" does not include a bona fide division or partition of agricultural land for agricultural purposes.
SECTION 2: Title II Article 4, Section 401 Applying General Provisions amended to read:
Applying General Provisions: The regulations set fourth in this article qualify, supplement or amend as the case may be, the zoning district regulations appearing elsewhere in this ordinance or boundaries for any zoning district as shown on the Iron County Zoning Map.
SECTION 3: Title II Article 4, Section 402 Amendments amended to read:
(1) Procedure: The Board of County Commissioners may, from time to time, amend the number, shape, boundaries, or area of any zone, or regulation within any zones or any other provisions of the Zoning Ordinance. Any such amendment shall not be made or become effective unless :
(A) The County Planning Commission has reviewed the proposal and has given, at a regularly scheduled meeting, its recommendation for approval or denial of the proposal; and
(B) The County Commission has held a public hearing, in accordance with the requirements of UCA Section 17-27-402 on the proposal as recommended by the Planning Commission and either upholds a recommendation for approval or overturns a recommendation for denial.
Zoning amendment applications approved by the County Planning Commission, to become effective , shall receive the favorable vote of not less than a majority of the entire membership of the Board of County Commissioners.
(2) Hearing and Publication of Notice Before Amendment: Before finally adopting any such amendment, the Board of County Commissioners shall hold a public hearing thereon, at least fourteen (14) days of the time and place of which shall be given by publishing one (1) time in a newspaper with general circulation in the County and by posting in three (3) public places designed to give notice thereof to the persons affected.
Section 4: Title II Article 4, Section 403 Penalties amended to read:
Penalties: No land, building, or structure shall be used for any purpose or use not allowed in the zone in which such land use, building or structure is located. Any person, firm, or corporation whether as principal, agent, employee or otherwise violating or causing or permitting the violation of the provisions of this Ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punishable as provided in Article 7 of this Ordinance.
Such person, firm or corporation who intentionally violates this Ordinance shall be deemed guilty of a separate offense for each and every day during which any violation of this Ordinance is committed, continued, or permitted by such person, firm, or corporation and shall be punishable as stated above.
SECTION 5: Title II Article 4, Section 404 Completion of Required Improvements is amended by moving and incorporating in Title III Article 6 Section 609, Guarantee of Performance.
SECTION 6: Title II Article 4, Section 405 Appeals from the Planning and Zoning Commission amended to read:
Appeals from the Planning Commission: Any person shall have the right to appeal to the County Board of Adjustment, any decision of the Planning Commission relating to the application of the Zoning Ordinance. The appellant shall file an appeal, in writing and in triplicate, stating the reason for said appeal and setting forth new or additional evidence relating to the case, with the Board of Iron County Commissioners at the office of the Iron County Clerk within ten (10) days following the date upon which the decision from which appeal is being taken is made by the Planning Commission.
After receiving said appeal the County Board of Adjustment shall set a date for a public hearing , notice of which shall be published one (1) time in a newspaper of general circulation in the County at least fourteen (14) days prior to the hearing and by posting in three (3) public places designed to give notice thereof to the persons affected.
SECTION 7: Title II Article 4, Section 406 Determination of Board of County Commissioners amended to read:
Determination of County Board of Adjustment: The County Board of Adjustment, after public hearing and review of the decision of the Planning Commission, may affirm or reverse any action taken by the Planning Commission pertaining to Title II Article 4 Section 405 and subject to the provisions of UCA 17-27-701 et. seq. and shall make such decision within thirty (30) days of the hearing of the appeal.
SECTION 8: Article 6 Section 609 (8) (e) amended to read:
If a parcel of land is subdivided into two (2) or more lots, the issuance of any residential building permits shall be prohibited within such subdivision provided that this limitation shall be removed when the subdivision is officially approved by the County Legislative Body after recommendation of the Planning Commission and an official plat has been properly recorded in the office of the County Recorder, subject to all requirements imposed by the Subdivision Ordinance of Iron County.
SECTION 9: Title III Chapter 3 (20) Subdivision amended to read:
(i) "Subdivision" means any land that is divided, re-subdivided or proposed to be divided into two or more lots, parcels, sites, units, plots, or other division of land for the purpose, whether immediate or future, for offer, sale, lease, or development either on the installment plan or upon any and all other plans, terms, and conditions.
(ii) "Subdivision" includes the division or development of land whether by deed, metes and bounds description, devise and testacy, lease, map, plat, or other recorded instrument.
(iii) "Subdivision" does not include a bona fide division or partition of agricultural land for agricultural purposes.
SECTION 10: Title III Chapter 3 Add the following definition A-1: Agriculture:
The tilling of the soil, the raising or grazing of livestock, and raising of crops horticulture, and gardening including the keeping or raising of domestic animals or fowls.
SECTION 11: Title III Chapter 3 (12) is amended to read:
A division or partition of agricultural land for agricultural purposes shall, for purposes of this ordinance, strictly comply with the definition found in the Subdivision Ordinance of both Agriculture and Subdivision (iii) as defined herein. Each parcel created must have access to a public street or highway or to a deeded private right-of-way to a public street or highway.
SECTION 12: Title III Chapter 6 Section 607 Chart describing "Minimum Improvements Required" is amended to read:
"Minimum Subdivision Improvements Required"
and by adding to the R-5 Subdivision requirements:
Fire Hydrants
SECTION 13: EFFECTIVE DATE
This Ordinance shall take effect upon publication in the manner provided by §17-15-1, Utah Code Annotated 1953, as amended and all provision shall be severable so that if any section, clause, or term is held unconstitutional or contrary to law the void character shall not effect any of the remaining portion of this Ordinance.
Approved and adopted this 14th day of April , 1997 by the board of Iron County Commissioners in regular session assembled in and at their regular place of meeting.
/s/ Thomas B. Cardon Thomas B. Cardon, Chairman
Attest:
/s/ David I. Yardley (Seal)
David I. Yardley, County Clerk
Voting: Aye Nay
Thomas B. Cardon X
Roy P. Urie X
Dennis E. Stowell X
FINAL PLAT APPROVAL - RANCHO CIRCLE SUBDIVISION :
Representatives of Darwin Lamb presented a plat for final approval of Rancho Circle Subdivision. The Subdivision is adjacent to the existing Flying L Ranches Subdivision and will be connected to an existing water system. The planning commission has reviewed the plat and have recommended approval.
Dennis Stowell made a motion to approve the plat as presented. Second was by Tom Cardon. Roy Urie was not present and did not vote.
FARM BUREAU - ALMA ADAMS :
Alma Adams representing Iron County Farm Bureau presented the Commissioners with a booklet of resolutions and position statements that the Farm Bureau Supports. He thanked the Commissioners for the work they do and for their support of the agriculture industry in Iron County.
ROAD REQUEST - ALMA ADAMS :
Alma Adams requested that the Commission consider oiling the remainder of 200 North in Parowan valley to it’s end at 2000 West. This is a school bus route and has a higher concentration of homes than any other street in the Parowan valley area. Tom Gummo also expressed his support of oiling this road.
Commissioner Urie will coordinate with Neil Forsyth to determine if the road can be included in the improved.
LANDFILL RATES - GREG MOSDELL :
Greg Mosedell representing Mosdell Sanitation and Jerry Howell representing O’Sullivan came to express concerns with an increase in fees at the landfill for Commercial waste. The fee is scheduled to increase from $2.00 per cubic yard to $3.00 per cubic yard effective May 1, 1997. Greg said that this was discriminating on the commercial industries and felt that any increase should be distributed among all users. He recommended that the increase be postponed to allow for a cost study to determine exactly how much of an increase is needed.
The Commission listened to his presentation. No action was taken and the price increase will go into effect on May 1, 1997 as scheduled.
PERSONNEL :
Roberto Madrid was approved as a new hire as a Landfill Gate Attendant at Grade 6 Step 1 effective April 1, 1997 on a motion by Roy Urie, Second by Dennis Stowell and Tom Cardon voted in favor.
Lance Baldrey was approved as a pit attendant at the Landfill effective April 1, 1997 at grade12 Step 1 on a motion by Roy Urie, second by Dennis Stowell and Tom Cardon voted in favor.
Connie King was approved as food supervisor Grade 13 Step 1 effective June 1, 1997 and Rod Seymore was approved as assistant food supervisor at a Grade 10 Step 1 effective May 1, 1997 on a motion by Dennis Stowell and second by Roy Urie. Tom Cardon voted in favor.
ELECTRONIC VILLAGE :
Doug Wilson and Jerry Bixman came before the Commission to discuss participation in the Iron County Electronic Village. It was suggested that a committee be formed of local officials to coordinate the development of an area wide web page. This committee would determine if grants are available to help establish an area wide Internet Web Site.
Doug estimated that it would take about $4,000 for start up fees to improve and participate in the electronic village. Commissioner Cardon and Commissioner Stowell expressed their support for further study of such a site. Commissioner Urie was not present during this presentation.
SKYVIEW TECHNOLOGY :
Mikel Terry representing Skyview Technology came before the Commission to request a permit to lease space in the Cedar City TV site and antenna space on the County TV tower. He said that their company would like to install a cable less TV system in Cedar City. The site at lone tree mountain gives the coverage they would like.
After listening to the request, Commissioner Stowell made a motion to not allow any commercial leases to operate in County TV facilities within the County. Second was by Roy Urie and Tom Cardon voted in favor.
TV BUILDING BIDS :
Dennis Johnson presented bids for construction of a TV building at Lone Tree Mountain above Cedar City. Three Bids were submitted as follows:
Larry Pendleton Building $34,845
Clay Bulloch Construction $48,500
Cornell Orton Construction $37,640
Roy Urie made a motion to accept the bid of Larry Pendleton at $34,500. Second was by Dennis Stowell and Tom Cardon voted in favor.
WARRANT APPROVAL AND ADJOURNMENT :
After the bills were reviewed and either approved or rejected, the meeting was adjourned.
/s/ Thomas B. Cardon
Thomas B. Cardon, Chairman
Attest:
/s/ David I. Yardley
David I. Yardley, Clerk