IRON COUNTY COMMISSION MEETING
March 12, 2007
Minutes of the Iron County Commission meeting convened at 9:00 a.m. March 12, 2007 in Commission Chambers at the Iron County Courthouse, Parowan, Utah.
Officers in attendance included:
Wayne A. Smith Commission Chairman
Lois L. Bulloch Commissioner
Alma L. Adams Commissioner
Scott F. Garrett County Attorney
David I. Yardley County Clerk
SYNOPSIS :
APPROVAL OF AUDIT ENGAGEMENT & CONSULTING AGREEMENT
APPROVAL OF MINUTES February 26, 2007
APPROVAL OF WARRANTS & ADJOURN
FOREST LEGACY PROJECTS IN THE VIRGIN RIVER HEADWATERS
MERIT SERVICE COMMISSION MEMBER APPOINTMENT
ORDINANCE 2007€2 AMENDING THE ADDRESSES IN MONARCH MEADOWS
ORDINANCE 2007€3 CLOSING SHOOTING IN CEDAR CANYON AREA
PORT 15 SIGN DISCUSSION AND APPROVAL
PREDATOR CONTROL CONTRACT EXTENSION APPROVAL
PRELIMINARY PLAT FOR THREE PEAKS INDUSTRIAL PARK 1 2
WATER RIGHTS PRESENTATION PAIUTE TRIBE
Those assembled were led in the pledge of allegiance by David Yardley.
APPROVAL OF MINUTES February 26, 2007 :
Minutes of the Iron County Commission meeting held February 26, 2007 were approved as amended on a motion by Lois Bulloch. Second was by Alma Adams. Voting: Wayne Smith, Aye: Lois Bulloch, Aye; Alma Adams, Aye.
Lois Bulloch reported on the meetings with Legislators in Washington during the National Association of Counties Legislative Conference. Applications for funding were presented to help acquire habitat for prairie dogs and to help alleviate the conflicts currently existing between development and private property rights with the preservation of the prairie dog.
Wayne Smith discussed agricultural building waivers as they pertain to future development of buildings. Scott Bulloch constructed a shed with a waiver as provided in State Code, however, when he attempted to install electricity in the building, Rocky Mountain Power would not connect because the system has not been inspected. The Building department will be encouraged to explain this to persons requesting a waiver of liability for agricultural buildings. Lois Bulloch suggested that the waiver form be amended to state that without inspections, the building will not be eligible to have electrical service.
Bids for the purchase of a new backhoe for use in the Road Department were opened as advertised with the following results:
Scott Machinery $78,400
Century Equipment $86,825
Wheeler Machinery $82,000
Alma Adams made a motion to accept the bids and refer them to Neil Forsyth and Commissioner Smith for review to determine if they are in compliance with specifications and to award the bid to the lowest bid meeting all of the specifications. Second by Lois Bulloch. Voting: Wayne Smith, Aye: Lois Bulloch, Aye; Alma Adams, Aye.
Alma Adams made a motion to open a public hearing to receive comments on a proposed zone change from A-20 to R-2. Requested by Arches Development/Gene Beck. Property Is Located 1 Mile South of Kanarraville on Old Hwy 91 Within Sec 3, T38S, R12W, SLM. Second by Lois Bulloch. Voting: Wayne Smith, Aye: Lois Bulloch, Aye; Alma Adams, Aye.
Chad Nay explained the location of the proposed zone change South of Kanarraville. The property is within a Tier 2 designation. The Planning Commission has recommended approval with proof that adequate water is available and that a sewer treatment facility is available or that a feasability study is completed with plans for development.
Reed Erickson explained that water development and sewer development typically come at the time of a subdivision application, a separate action by the Planning Commission.
Barbara Munford, Kanarraville Town Council, stated her opposition to the proposed zone change and also read letters from several residents of Kanarraville opposed to the zone change.
Jean Capiazano questioned the appropriateness of the application in that Mr. Beck, the applicant is not the owner of record of the property being proposed for rezoning.
David Hatch requested that if the zone change is approved that development standards be established to make sure the development provides adequate infrastructure support.
Peggy Hale stated that if rezoning is allowed that as it develops it complies with the proposed use.
Paul Sterling stated his concern with the ability of Mr. Beck to follow through with development of the necessary water and sewer infrastructure.
Mike Carpenter, Kanarraville Town Council, stated his opposition to the proposed sewer plant south of Kanarraville Town. He also stated that Kanarraville was small and they wished to stay that way.
Ron Archibald expressed concerns with roads and the ability to handle the increased traffic including the additional maintenance that will be required by Kanarraville Town.
Dan Dail stated that he is concerned with issuing a zone change with no plan for development of the infrastructure required to develop the property and no evidence of adequate water and sewer plans.
Reed Erickson stated that the zone change is the first step in the process. Many of the required services are addressed at the subdivision level which is another process through Planning and Zoning.
After all public comments were received and discussed, Lois Bulloch made a motion to close the public hearing and to deny the zone change request due to feasability studies on a future sewer plant and plan for operation of a sewer system are not in place. Also the applicant has no proof of ownership of the parcel proposed for the zone change and no proof of adequate water right for future development. Second by Alma Adams. Voting: Wayne Smith, Aye: Lois Bulloch, Aye; Alma Adams, Aye.
WATER RIGHTS PRESENTATION PAIUTE TRIBE :
Jeanine Bouchardt, Laura Tom, Jack Sawyer, Brian Jake and Ernistene Sunbear representing the Indian Peaks Band of Paiute Indians, reported to the Commission that the Indian Peaks Band is applying to the State for a water right for 238 acres of reservation property located at the Kanarraville exit of I-15. Kerry Carpenter discussed issues with water rights and the process in determining priority in recognizing water rights. Since the County does not have jurisdiction over water, the Commission took no action but encouraged the tribe to apply for their water rights through the State.
SURPLUS PROPERTY BID OPENING :
Bids were opened for the following vehicles which have been advertised for sale as surplus property with the following results:
1985 GMC Pickup 1GTEK14H2FS502608 Rick Evans bid $200.00; Howard Cox bid $401.00; Clean Our Canyons requested the vehicle be donated without charge to their group. Lois Bulloch made a motion to accept the bid of Howard Cox for $401.00. Second by Alma Adams. Voting: Wayne Smith, Aye: Lois Bulloch, Aye; Alma Adams, Aye.
1990 Freightliner Truck 1FV8D0Y96LP376292 Minimum Bid $9,000 No bids received.
1995 Chevrolet Lumina 2G1WL52M6S1153898 Shawna Galloway bid $200.00; Justin Worthen bid $500.00; Christene Keene bid $578.00 and Rick Evans bid $925.00. Lois Bulloch made a motion to accept the bid of Rick Evans for $925.00. Second by Alma Adams. Voting: Wayne Smith, Aye: Lois Bulloch, Aye; Alma Adams, Aye.
2004 Ford Mustang 1FAFP42X74F148498 Minimum Bid $11,000 no bids received.
FOREST LEGACY PROJECTS IN THE VIRGIN RIVER HEADWATERS :
Amanda Smith, Nature Conservancy, and Patrick Moore, State Lands and Forestry, met with the Commission to request Commission support of negotiated conservation easements on parcels owned by Sandy Webster, (Webster Larsen & Ence) and Russell Sevy. Ms. Smith explained that the easements are perpetual and will allow continued use in compliance with the easements. Landowners have latitude in determining best practices use of the land, typically for agricultural operations. Lois Bulloch made a motion to support the applications for conservation easements as negotiated with landowners in the Kanarra Mountain area of Iron County. Second by Alma Adams. Voting: Wayne Smith, Nay: Lois Bulloch, Aye; Alma Adams, Aye.
Lois Bulloch made a motion to convene as a Board of Equalization to review applications for Religious, Charitable and Educational Exemption Requests. Second by Alma Adams. Voting: Wayne Smith, Aye: Lois Bulloch, Aye; Alma Adams, Aye.
Christene Keene presented for approval Religious, Charitable and Educational Exemption Requests for possible Tax Exempt Status in 2007. New Applications included Catholic Center for a 2005 Subaru Impreza; Cedar Housing Authority for six new apartment buildings; Christ the King Catholic Church for a 2003 GMC Truck; Church of Jesus Christ of Latter-Day Saints two vehicles and four land parcels; Cedar City Congregation of Jehovah’s Witnesses a building; Las Vegas Rescue Mission fifteen parcels; and Parowan Rod and Gun two Parcels.
Parowan Rod and Gun are not a 501 (c) (3) organization and are not qualified for tax exemption. Church of Christ and Grace Christian Church have not submitted an application.
Alma Adams made a motion to approve the proposed applications for exemption excepting Parowan Rod and Gun application and to send a notice to the Church of Christ and Grace Christian Church allowing one week to submit an application. Second by Lois Bulloch. Voting: Wayne Smith, Aye: Lois Bulloch, Aye; Alma Adams, Aye.
VOLUNTEER RECOGNITION AWARDS :
Tracy Garrett met with the Commission to present recognition awards for the top ten volunteers with the Five County Retired & Senior Volunteer Program for the 2005-2006 fiscal year. Awards were made as follows:
1. Charles Cooley 1,829 volunteer hours.
2. Donna Cooley 1,788 volunteer hours.
3. Dottie Klockow 1,148 volunteer hours.
4. Mary Krug 1,128 volunteer hours.
5. John Tews 896 volunteer hours.
6. Marty Davini 796 volunteer hours.
7. Robert Allen 719 volunteer hours.
8. Kenneth Hart 710 volunteer hours.
9. Joy Johnson 696 volunteer hours.
10. James Sheppard 655 volunteer hours.
The Commission congratulated the recipients and thanked them for their service to the community through their volunteer efforts.
Colette Eppley presented for approval the following new employees: Shan Stilson, EMT-I; Chris Jensen, EMT-I; Travis Fails, EMT-I; Jeanette Hodges, EMT-B; Brandon Franta, EMT-B; Douglas Higgins, EMT-B; Kristi Bruce, EMT-B; David Steed, Paramedic; Jeffrey Hunt, EMT-B; Daniel Abbott, EMT-B; Paul Smith, EMT-B and Aimee Woolsey, Part Time Secretary, Tourism. Lois Bulloch made a motion to approve the new employees as presented. Second by Alma Adams. Voting: Wayne Smith, Aye: Lois Bulloch, Aye; Alma Adams, Aye.
Colette also presented for approval the following promotions: Edwin Taylor COA Driver to COA Center Activities director and Exilda Seranno from entry level Appraiser to Appraiser Trainee. Lois Bulloch made a motion to approve the promotions as presented. Second by Alma Adams. Voting: Wayne Smith, Aye: Lois Bulloch, Aye; Alma Adams, Aye.
Colette presented a status change request for Cindy Applegate to EMT lead worker in Parowan. Lois Bulloch made a motion to approve the status change. Second by Alma Adams. Voting: Wayne Smith, Aye: Lois Bulloch, Aye; Alma Adams, Aye.
A request from Charlie Morris presented by Colette Eppley to bring a part time worker back on for the summer season to allow for repair work to be completed before the visitor season at Three Peaks and Woods Ranch was also approved on a motion by Lois Bulloch. Second by Alma Adams. Voting: Wayne Smith, Aye: Lois Bulloch, Aye; Alma Adams, Aye.
MERIT SERVICE COMMISSION MEMBER APPOINTMENT :
William Bradfield has resigned as a member of the Merit Service Commission. David Excell has been suggested as a replacement to fill the unexpired term of Mr. Bradfield. Alma Adams made a motion to accept the recommendation and to appoint David Excell to the unexpired term of William Bradfield. Second by Lois Bulloch. Voting: Wayne Smith, Aye: Lois Bulloch, Aye; Alma Adams, Aye.
Clair Baldwin representing Panorama Land RC&D in Richfield met with the Commission to discuss “Safe Harbor” agreements with private land owners which may assist with stabilizing populations of the Utah Prairie Dog and in turn can lead to delisting as a threatened species. He explained that the Safe Harbor agreements provide habitat which may eventually be counted as permanent habitat which could then be used in “banking” prairie dogs similar to the SITLA program on Parker Mountain. The Commission expressed support of the program and asked that additional information be forwarded as it becomes available.
Bids for a new ambulance were opened as advertised. Ron Johnson, Ambulance Director stated he has a conflict of interest in that Royce Barton, owner of Rocky Mountain Ambulance is a Brother-In-Law.
Two bid packets were returned with results as follows:
American La France submitted “No Bid”.
Rocky Mountain Ambulance submitted a bid of $117,000.
Lois Bulloch made a motion to accept the bid of Rocky Mountain Ambulance. Second by Alma Adams. Voting: Wayne Smith, Aye: Lois Bulloch, Aye; Alma Adams, Aye.
PRELIMINARY PLAT FOR THREE PEAKS INDUSTRIAL PARK :
Kim Bell and John Synder presented a preliminary plat of Three Peaks Industrial Park located at 5700 West & 600 North, Cedar City. Within Sec 11, T36S, R12W, SLM. The proposed subdivision has been before the Planning Commission which recommended approval of the industrial park. The Planning Commission recommended and the developers agreed to supply water through the Water Conservancy District when it becomes available and also to install a dry sewer system for connection when sewer becomes available in the area.
Chad Nay reported that the developers have requested a street light variance because each building will be required to have outdoor security lighting. Planning also recommended a variance for the length of a cul-de-sac. Lois Bulloch made a motion to approve the preliminary plat with recommended variances. Second by Alma Adams. Voting: Wayne Smith, Aye: Lois Bulloch, Aye; Alma Adams, Aye.
ORDINANCE 2007-2 AMENDING THE ADDRESSES IN MONARCH MEADOWS PHASES I & II :
A proposed ordinance to correct address numbering in Monarch Meadows Subdivisions phase I and II was presented. Steve Platt explained the need for the correction whereupon Alma Adams made a motion to adopt Ordinance 2007-2. Second by Lois Bulloch.
IRON COUNTY
ORDINANCE 2007-2
AN ORDINANCE OF IRON COUNTY CORRECTING ADDRESSING ERRORS ON THE PLAT OF MONARCH MEADOWS PHASE I SUBDIVISION AND THE PLAT OF MONARCH MEADOWS PHASE II SUBDIVISION.
WHEREAS, this matter came before the County Legislative Body of Iron County, Utah, wherein an error has been detected in the addresses listed on the plat of Monarch Meadows Phase I and Monarch Meadows Phase II Subdivisions; and,
WHEREAS, the County Legislative Body of Iron County, Utah, having duly considered the application and determined there is good cause proposed for correcting the addresses to conform with the County addressing standard; and
WHEREAS, neither the public nor any person will be materially injured by correcting the addresses listed on the original plats of Monarch Meadows Phase I and Monarch Meadows Phase II Subdivisions;
NOW THEREFORE, The County Legislative Body of Iron County, Utah ordains as follows:
1. Correct the addresses of Lots 1 through 60 inclusive in Monarch Meadows Unit 1 Subdivision and the addresses of Lots 1 through 69 in Monarch Meadows Unit II Subdivision as described in Exhibit “A”.
2. A copy of this ordinance along with Exhibit “A” is to be filed with the original plats of Monarch Meadows Phase I and Monarch Meadows Phase II Subdivisions in the office of the Iron County Recorder.
This Ordinance shall take effect upon publication in the manner provided by §17-53-208, Utah Code Annotated 1953, as amended and all provisions 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, passed and adopted this 12th day of March , 2007 by the County Legislative Body of Iron County, Utah in regular session assembled, in and at their regular place of meeting.
Wayne A. Smith
Chairman, Board of Iron County Commissioners
Attest:
David I. Yardley
Iron County Clerk
VOTING: AYE NAY
Wayne A. Smith Aye
Lois L. Bulloch Aye
Alma L. Adams Aye
ORDINANCE 2007-3 CLOSING SHOOTING IN CEDAR CANYON AREA :
Scott Garrett presented a proposed ordinance prohibiting shooting of firearms near the lower archery range in Cedar Canyon as directed by the Commission. The proposed ordinance will eliminate shooting on a 40 acre parcel of BLM property leased by the Archery Clubs of Cedar City.
Norman Forbush spoke in opposition to closing the area stating that it is near town and allows recreational shooting during short periods of time such as lunch hours whereas a trip to the shooting range at Three Peaks can be several hours. He suggested an alternative by closing a portion of the canyon now used for shooting and limiting the shooting to pistols.
The Commission responded that in previous meetings when this matter was discussed, it was determined that the only reasonable way to control shooting is to close the immediate area. The Sheriff has been instructed to search for another area near town that could be used for small arms target shooting.
Lois Bulloch then made a motion to adopt Ordinance 2007-3 as presented and authorize the Commission Chair to sign the ordinance. Second by Alma Adams.
IRON COUNTY
ORDINANCE NO. 2007-3
AN ORDINANCE OF IRON COUNTY, UTAH ESTABLISHING RULES REGULATING THE DISCHARGE OF FIREARMS WITHIN THE LOWER ARCHERY RANGE IN CEDAR CANYON; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Iron County desires to promote the safety and welfare of persons utilizing the Lower Archery Range in the Cedar Canyon Area;
WHEREAS, the Iron County Sheriff’s Department, in conjunction with the Bureau of Land Management, has recommended closure of the area surrounding the Lower Archery Range to shooters discharging firearms;
NOW, THEREFORE, The County Legislative Body of Iron County, Utah ordains as follows: That the following amendments to the Iron County Code are hereby approved:
SECTION 1. SUBSTANTIVE PROVISIONS
Section 9.08.016 is added to the Iron County Code, to read as follows:
A. It shall be unlawful for any person to discharge a firearm within or into the area surrounding the Lower Archery Range in Cedar Canyon, specifically described as follows: Northwest ¼ of the Southeast ¼, Section 17, Township 36 South, Range 10 West, SLB&M, Containing 40 acres more or less. Propelling an arrow by a bow shall not be considered a discharge of a firearm for purposes of this section. Any device or instrument loaded with powder or other explosive shall be considered a firearm for purposes of this section.
B.Posting. The Iron County Sheriff’s Department, in cooperation with the Bureau of Land Management, shall initially be responsible for posting signs in the restricted areas. Any and all subsequent maintenance, repair, and replacement of signs shall be the responsibility of the Archery Club.
C. Any person who violates this section shall be guilty of a Class B Misdemeanor, punishable by imprisonment of up to six months in the Iron County Jail and a fine not to exceed one-thousand dollars, or both such imprisonment and fine.
SECTION 2. SEVERABILITY
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portions shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance.
SECTION 3. AMENDMENT OF CONFLICTING ORDINANCES
To the extent that any ordinances, resolutions, or policies of Iron County conflict with the provisions of this ordinance, they are hereby amended to comply with the provisions hereof.
SECTION 4. EFFECTIVE DATE
Because this ordinance is necessary for the preservation of the health and safety of Iron County inhabitants, this ordinance shall take effect immediately upon its passage by a majority vote of the Iron County Board of County Commissioners and upon notice and publication as required by Utah Code Annotated § 17-53-208(6).
PASSED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS OF IRON COUNTY, UTAH this day of , 2007.
BOARD OF COUNTY COMMISSIONERS
IRON COUNTY, UTAH
By:
Wayne Smith, Chairman
ATTEST:
David I. Yardley, County Clerk
VOTING: AYE NAY
Wayne A. Smith Aye
Lois L. Bulloch Aye
Alma L. Adams Aye
PORT 15 SIGN DISCUSSION AND APPROVAL :
Dale Brinkerhoff representing Port 15 came before the Commission to request approval of a plan to place a sign adjacent to SR 56 on County owned property.
Wayne Smith declared a conflict of interest because he is on the Board of Directors of Port 15. Alma Adams made a motion to approve leasing the County property for the sign to Port 15 to construct a sign. Second by Lois Bulloch. Voting: Wayne Smith, Abstain: Lois Bulloch, Aye; Alma Adams, Aye.
Erik Jorgensen met with the Commission to discuss digital data information requests from Land Title Companies and for entities requesting GIS information. He suggested that a price could be set to allow access for an annual fee or that data could be placed onto a disk each month and sold for a fee. Alma Adams made a motion to set the annual fee at $1,000.00 for access to the web site data base and $100.00 per disk for a monthly update of all data requested. Second by Lois Bulloch. Voting: Wayne Smith, Aye: Lois Bulloch, Aye; Alma Adams, Aye.
Neil Parry met with the Commission to explain a problem he is encountering with acquiring summer help for prairie dog technicians. SUU is paying more than the County and qualified technicians are not willing to work for the current wage. He requested authorization to offer $10.00 per hour for the summer to prospective technicians. Alma Adams made a motion to approve a salary offer for technicians at $10.00 per hour to compete with the local market. Second by Lois Bulloch. Voting: Wayne Smith, Aye: Lois Bulloch, Aye; Alma Adams, Aye.
Toni Robinson also attended and requested that the Commission allocate additional prairie dogs so they can build a home on a lot in Parowan. She explained that they are near the top of the list for take.
The Commission took no action at this time, however, the matter will be placed on the next agenda for consideration.
APPROVAL OF AUDIT ENGAGEMENT & CONSULTING AGREEMENT :
Scott Garrett reviewed with the Commission a proposed audit engagement and consulting agreement with Wilson and Company. A concern was researched by the Attorney’s Office and the engagement letter amended to allow for an annual review for a three year period. The County Attorney’s office recommended approval.
Alma Adams made a motion to approve the engagement agreement with Wilson and Company as presented. Second by Lois Bulloch. Voting: Wayne Smith, Aye: Lois Bulloch, Aye; Alma Adams, Aye.
PREDATOR CONTROL CONTRACT EXTENSION APPROVAL :
An extension of the predator control contract for FY 2006-2007 was presented for approval and signatures. Alma Adams made a motion to approve the contract extension and authorize the Chair to sign. Second by Lois Bulloch. Voting: Wayne Smith, Aye: Lois Bulloch, Aye; Alma Adams, Aye.
APPROVAL OF WARRANTS & ADJOURN :
After the bills were reviewed and approved or rejected, the meeting was adjourned at p.m. on a motion by Lois Bulloch. Second was by Alma Adams. Voting: Wayne Smith, Aye: Lois Bulloch, Aye; Alma Adams, Aye.
Signed: Wayne A. Smith, Chairman
Attest: David I. Yardley
County Clerk