IRON COUNTY COMMISSION MEETING
May 27, 1997
Minutes of the regular meeting of the Iron County Commission held May 27, 1997 convened at 9:00 a.m. in Commission Chambers at the Iron County Courthouse, Parowan, Utah. Officers in attendance included:
Thomas B. Cardon Commission Chairman
Roy P. Urie Commissioner
Dennis E. Stowell Commissioner
Scott M. Burns County Attorney
Karla Staheli Asst. County Attorney
Also Present:
Dennis A. Lowder County Auditor
Dennis W. Ayers County Assessor
Merna H. Mitchell County Treasurer
Ira Schoppmann County Sheriff
Douglas Wilson Data Processing Coordinator
SYNOPSIS :
ADJOURN 8
APPROVAL OF WARRANTS 8
BRETT RICH - LIABILITY INSURANCE 4
COX PROPERTY SALE APPROVAL 3
BRIAN HEAD TELEPHONE REQUEST 3
ELECTED OFFICIALS REPORTS 1
Dennis Ayers 2
Dennis Lowder 1
Doug Wilson 2
Ira Schoppmann 2
Karla Staheli 2
Merna Mitchell 2
Roy Urie 2
HEAD START 7
KANARRAVILLE LAW ENFORCEMENT 7
MINUTES 1
PERSONNEL MATTERS 4
Benjamin Harris 4
Renee Kennedy 4
RETIREMENT RATES 1997-98 4
SUBDIVISION IMPROVEMENT REQUIREMENTS 5
WILDLIFE RESOURCES REPORT 5
WOODS RANCH WATER - KATHY ADAMS 4
MINUTES :
Minutes of the regular Commission meeting held May 12, 1997 were approved as amended on a motion by Dennis Stowell, second by Roy Urie and Tom Cardon voted in favor.
ELECTED OFFICIALS REPORTS :
Dennis Lowder presented information he had gathered on a mailer system for tax notices, valuation notices, and other billings. He also reported on the requirement to bring the addresses in our computer data base into compliance with postal standards. Dennis estimated the cost to install equipment would be about $15,000 and an additional $5,000 to hire part time help to correct addresses in the data base.
Commissioner Urie made a motion to authorize proceeding with preparations for purchasing the required equipment in 1998 and to update the data base during 1997 if funds are available. Second was by Dennis Stowell and Tom Cardon voted in favor.
Doug Wilson reported that the new computer system was experiencing some problems which was causing the Treasurer and Recorder programs to freeze. Our software vendor, Progressive Solutions Inc. (PSI) is aware of the problem and is trying to pinpoint the problem.
Doug also discussed the need for a larger printer in the Auditor’s office. He recommended a medium sized line printer which is to be considered in the 1998 budget.
Merna Mitchell reported that the Annual Tax Sale is scheduled for May 29, 1997 starting at 10:00 a.m. There are still about 140 parcels that have not been redeemed. This year bids will proceed with a minimum bid increase of $50.00 for parcels with less than $500.00 taxes interest and penalty owing and $100.00 on parcels with more than $500.00. Merna requested that a Deputy Sheriff be present at the sale.
Dennis Ayers reported that the 1997 assessment roll was nearing completion and they anticipate that it will be finished by May 30. Their office has received an extension to June 10, 1997 because of changes in the way centrally assessed properties are being appraised. The concern is with "intangible" values. Iron County has ask for time to study this problem and its effects on the locally assessed properties.
Ira Schoppmann reported on activities that the Sheriff’s department has been investigating. These include several spouse abuse complaints, accidents, and two unattended deaths.
Roy Urie reported that the Commissioners had met with the Governor at his request to discuss growth projection through the year 2017. The areas of concern which were discussed included law enforcement, water resources and development, and future growth trends.
Commissioner Urie also reported that he had toured with Jim Bowns, the prairie dog colonies that are established on public land in the Iron County area. It was very informative and presented new insights on the problems associated with a Habitat Conservation Plan.
Karla Staheli explained the opinion issued by the County Attorney’s office regarding development within existing subdivisions. Many of the older subdivisions, i.e. pre 1981, exist on paper only with no improvements such as water or roads. The opinion stated that the law that exists on the date an application for a building permit is the date that governs what improvements are required. It is also the opinion of the Attorney that when the Subdivision Ordinance was adopted on August 17, 1981 that existing subdivisions had a one year period to operate under the old ordinance. After that time they would be required to comply with the current subdivision ordinance.
Karla recommended to the Commission that an ordinance be adopted setting the date of compliance with the existing ordinance. This matter will be considered latter in the meeting after public comments.
COX PROPERTY SALE APPROVAL :
Scott Burns discussed the pending sale of the Cox property located on Cedar City South Main Street. Because of encumbrances, the County will reduce the purchase price to $390,000. After reviewing the proposed sales agreement and receiving a recommendation from the County Attorney, Commissioner Urie made a motion to approve the sales agreement and authorize the Commission Chairman and County Clerk to execute the appropriate documents. Second was by Dennis Stowell and Tom Cardon voted in favor and executed the sales agreement.
RESOLUTION 97-8 BRIAN HEAD TELEPHONE REQUEST :
Judy Gubler, Brian Head Town Manager, requested that the Iron County Commission support efforts by Brian Head Town for extended area coverage. This would make calls from Brian Head to Cedar City and Parowan local instead of toll calls.
Thereupon the following resolution requesting that the traffic survey requirement be waived was introduced and read in its entirety and was approved on a motion by Roy Urie, second by Dennis Stowell and Tom Cardon voted in favor.
IRON COUNTY COMMISSION
RESOLUTION 97-8
A RESOLUTION REQUESTING WAIVER OF THE TRAFFIC SURVEY FOR
EXTENDED AREA PHONE SERVICE
WHEREAS, Brian Head Town is a resort community offering services for Iron County, Utah residents and tourists; and
WHEREAS, all calls outside the 677 exchange , including access to the Internet, are long distance toll calls from Brian Head; and
WHEREAS, the requirements to fulfil the traffic survey are not feasible because of the high percentage of absentee residential phone customers in Brian Head Town; and
WHEREAS, all affected phone customers will have an opportunity to vote on extending the service area before it is implemented;
NOW THEREFORE BE IT RESOLVED that the Iron County Commission declare to the Utah Public Service Commission that it would be in the community interest of Iron County for Brian Head Town to be included as a local call for Parowan and Cedar City exchanges, and it is in the public interest to waive the traffic study required to extend the local service area so that calls between Cedar City, Parowan, and Brian Head Town are local calls.
BE IT FURTHER RESOLVED that this resolution be sent to Steve Mecham, Chairman, Utah Public Service Commission; Heber M. Wells Building, 4th Floor, 160 E. 300 South, Salt Lake City, UT 84111.
This resolution was made, voted upon, and passed, by the Iron County Commission at its regular meeting on May 27, 1997 by the following vote of its members:
AYE ALL NAY NONE
Dated this 27th day of May, 1997.
/s/ Thomas B. Cardon
Thomas B. Cardon, Chairman
Attest:
/s/ David I. Yardley
David I. Yardley, County Clerk
WOODS RANCH WATER - KATHY ADAMS :
Kathy Adams, a cabin owner adjacent to Woods Ranch, came before the Commission to request that they continue to be allowed to use water from the Woods Ranch Recreation Area. She explained that when her family sold Woods Ranch to the County, that they continued to maintain the area for several years in exchange for water for their cabin.
After listening to the request, Dennis Stowell made a motion to draft an agreement between the Adams family and Iron County to: 1. Allow one (1) culinary only connection for the existing cabin. 2. That there is to be no outside or landscape watering. 3. The Adams family is to maintain the line to their property. 4. The connection is not transferable to parties outside of the Adams family. 5. The County has the right to shut the water off at any time. 6. No water rights are transferred to the Adams Family. 7. Include a right of way across Woods Ranch to bury a pipeline. Second to the motion was by Roy Urie and Tom Cardon voted in favor. The County Attorney is to draft an agreement for signatures.
BRETT RICH - LIABILITY INSURANCE :
Brett Rich, representing UAC Mutual Insurance, the County Pool, reviewed the amended interlocal agreement for operation of the pool. The agreement is being separated from the bylaws to make the decision process easier.
Brett also discussed the proposal drafted by Olympus Insurance as a bid document for liability insurance for 1998. The Commission ask Brett to review the documents and to return during the next meeting to report on his review.
PERSONNEL MATTERS :
Claire Dalton presented a request to allow extended sick leave for Renee Kennedy above the five days specified in the Personnel Policy. She also requested that employees be allowed to donate vacation days to Renee to supplement her sick leave if needed. Roy Urie made a motion to authorize extended sick leave for Renee Kennedy and to authorize other employees to donate vacation time. Second was by Dennis Stowell and Tom Cardon voted in favor.
Benjamin Harris was approved for hire pending pre-employment qualifications as a road maintenance worker at a Grade 12 Step 4 effective June 2, 1997 on a motion by Roy Urie. Second was by Dennis Stowell and Tom Cardon voted in favor.
RETIREMENT RATES 1997-98 :
Claire Dalton reviewed retirement rates set by the Utah State Retirement Board. The rate for Public Division employees will increase from 12.42% to 12.5% and Public Safety employees will increase from 16.01% to 17.09% effective July 1, 1997. The new rates were approved on a motion by Dennis Stowell. Second was by Roy Urie and Tom Cardon voted in favor and signed the approval form.
WILDLIFE RESOURCES REPORT :
Jim Guymon and Dale Hepworth came before the Commission to report on projects that the State Wildlife Resources are involved in.
Jim Guymon requested support of a proposed shooting range located at Black Point near Rush Lake. He explained the advantages of this site over the one proposed near three peaks. The Division has measured both sites and they have determined that this would provide the 1,000 yard range they are seeking and the access is superior and would require less road improvement. Jim was ask to contact Rick Holman with Cedar City to coordinate the application process through the Bureau of Land Management.
Jim also reported that they were in the process of moving their Cedar City office to the Utah Department of Transportation complex on Airport Road. He ask that the County consider allowing DWR to place a bulletin board at the visitor center site for posting wildlife material such as special hunt draw results and hunting proclamations.
Dale Hepworth explained a proposal for regulating fishing at Kolob Reservoir. They are in the process of evaluating the possibility of making this a catch and release water with a one fish limit over 18 inches.
SUBDIVISION IMPROVEMENT REQUIREMENTS :
Commissioner Cardon introduced the Subdivision Improvement Opinion issued by the County Attorney and the problems within existing subdivisions that are not to current standards. This is causing problems with providing service, both from emergency vehicles and regular service vehicles such as garbage trucks.
Scott Burns explained options available to the Commission in enforcing the current subdivision ordinance. These included the following:
1. Set today as a cutoff date and require compliance from this date forward.
2. Set a date positive when compliance will be required and initiated by executive order.
3. Pass an ordinance setting a date positive when compliance will be required and allow some time to allow subdivisions to come into compliance.
4. Continue as in the past and not require compliance in existing subdivisions.
The meeting was then opened to public comments and the following were received:
1. Mike Kullman: Explained the problem in Midvalley Estates where they have improved their water system with the intent to pay for the improvements from impact fees on future water hookups. He explained they needed at lease four more hookups to complete improvements started on their tank. They are trying to establish a Special Improvement Area to upgrade their roads to bring them into compliance. Mike requested that a waiver of some type could be given in areas that are attempting to upgrade and bring the subdivision into compliance.
2. David Aldridge: Explained to the Commission that he had applied for a construction loan and was now not able to get a building permit. If compliance were mandatory today it would be very costly. He felt it was not fair to start enforcing something when no notice had been given and in the past building permits have been issued in the same subdivision under similar circumstances.
3. Dennis Huntsman: A resident of Midvalley Estates, said he was in favor of allowing growth to continue in subdivisions where residents are attempting to bring improvements into compliance with current codes.
4. Bruce Hughes: Iron County Board of Realtors and ERA Realty, suggested that building permits continue to be issued in existing subdivisions subject to a case by case review.
5. Tom Maloney: Brentwood Financial, discussed the procedure required to establish a Special Improvement Area. His concern was that one person in a subdivision would be required to provide all of the improvements.
6. Riley Rutheford: Riley Plumbing, was also concerned with the amount of improvements that would be required in older subdivisions.
7. Cherie St John: Realtor, stated that she was in favor of establishing SID’s to complete improvements. This is the way improvements are handled in Cedar City and other areas.
8. Patsy DeGrew: Resident of Red Canyon Subdivision, had question on how this would effect existing dwellings. It was explained that this proposal would not affect existing dwellings but would become a requirement prior to future development.
9. Joan Summerville: Started to raise constitutional questions. Commissioner Cardon explained that this was not the forum or the time set to discuss this matter. Ms. Sommerville then explained that in some outlying subdivisions that improvements were not feasible and that these subdivisions should be exempt from county standards.
10. Cindy Bentley: Questioned what improvements would be required in unplatted 20 acre subdivisions. Under current standards they would be required to have roads and property markers.
11. Richard Clark: Property owner in Beryl, requested clarification on people that are in the process of obtaining well permits which are required prior to the issuing of a building permit. Their neighbors have been in the process of drilling a well on a five acre lot in Escalante Valley Ranchos, Unit 19.
12. Dennis Ayers: Ask if lots in undeveloped subdivisions would be considered un buildable for assessment purposes. The Commission explained that if the subdivision is in compliance, that building permits may be issued.
13. Mary Lou Rogers: Resident of Midvalley Estates, ask if sewer was also considered in required improvements in existing subdivisions. At this time existing subdivisions are not required to install sewer, however, if it is available, residents will be encouraged to connect.
14. Steve Brown: A real estate developer, requested that the county continue as they have in the past and all old subdivisions to develop under outdated regulations.
After all public comments were heard and options again reviewed by the County Attorney, Dennis Stowell made a motion to allow the Building Inspector to issue permits on file or owners that show that they were in the process of obtaining necessary clearances as of this date to obtain a building permit.
All future building permits started after this motion which are located in non conforming subdivisions will be reviewed on a case by case basis to determine if adequate steps are being followed to bring the services into compliance with the Land Management Code dated August 17, 1981 as amended.
Any building permit which is in progress at this time must have obtained the necessary well permits, septic permits and the license must be issued within 12 months from this date. After that time, all new construction will be required to be in compliance with the Land Management Code dated August 17, 1981 as amended.
The County Attorney is requested to prepare an ordinance which reflects this motion for adoption at the next County Commission meeting scheduled for June 9, 1997.
The motion was seconded by Roy Urie and Tom Cardon voted in favor.
KANARRAVILLE LAW ENFORCEMENT :
Mayor Bill Weymouth discussed a problem they were having in Kanarraville with open burning and burning without a permit. He also discussed a problem in which the fire chief and assistant fire chief were assaulted when they were attempting to extinguish an illegal burn. It was their impression that when this incident was reported to the Sheriff’s Department that no action was taken. The people involved with the illegal burning stated that they had obtained a burn permit through Cedar City.
Ira Schoppmann reported that a citation has been issued and the matter has been referred to the Court. Clinton Neilson, Cedar City Fire Chief, explained that their department does not issue permits within other jurisdictions and that in this case no permit was issued.
The Commission explained that in the described incident that the Fire Chief would have authority to cite the residents for illegal burning and interfering with an officer. The Commission recommended that this matter be referred to the County or City Attorney.
HEAD START :
Dennis Stowell reported that Head Start has requested a letter of support for establishing a program to serve northern Iron County. Head Start is currently operating in Beryl and Cedar City.
Roy Urie made a motion to issue a letter of support and to authorize the Clerk to draft and send the letter. Second was by Dennis Stowell and Tom Cardon voted in favor.
APPROVAL OF WARRANTS AND ADJOURN :
After the bills were reviewed and either approved or rejected, the meeting adjourned at 3:00 p.m.
Approved: /s/ Thomas B. Cardon
Thomas B. Cardon, Chairman
Attest:
/s/ David I. Yardley
David I. Yardley, County Clerk