IRON COUNTY COMMISSION MEETING
April 9, 2007
Minutes of the Iron County Commission meeting convened at 9:00 a.m. April 9, 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
Kevin Thurman Deputy County Attorney
David I. Yardley County Clerk
SYNOPSIS :
ANTELOPE VALLEY INDUSTRIAL MINOR LOT SUBDIVISION
APPROVAL OF MINUTES March 26, 2007
APPROVAL OF WARRANTS & ADJOURN
CEDAR CITY ANNEXATION REVIEWED BY COUNTY ATTORNEY
IRON COUNTY EMERGENCY SERVICES
IRON COUNTY FAIR PARADE REGULATIONS
ORDINANCE 2007-5 TRANSPORTATION CORRIDOR PRESERVATION
PRAIRIE DOG MITIGATION BANK UPDATES, WATER HOLLOW 1 2
RESOLUTION 2007-4 IRON COUNTY CONSTRUCTION & DESIGN STANDARDS
U of U SCHOOL ON ALCOHOLISM AND DRUGS SCHOLARSHIP APPROVAL
Those assembled were led in the pledge of allegiance by David Yardley.
APPROVAL OF MINUTES March 26, 2007 :
Minutes of the Iron County Commission meeting held March 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 that Steve Decker has been selected as Librarian of the Year for the State of Utah. He has also been elected as the president of the State Librarian’s Association.
Alma Adams reported that he attended the Utah Prairie Dog Research Conference in Salt Lake City. The scientists involved are recommending the standards for recovery be amended to move from stable colonies of 813 to stable colonies of 1,000.
Alma also reported that the Weed Board has recommended that the bull thistle be added to the County noxious weed list to allow for control measures on areas of the Dixie National Forest which were burned in a forest fire. The matter will be placed on the next agenda for consideration.
Wayne Smith reported that he has discussed the prairie dog transplant program with Reed Harris expressing concerns with the lack of support in the transplant program and the lack of development of transfer sites on BLM and Forest Service areas.
ANTELOPE VALLEY INDUSTRIAL MINOR LOT SUBDIVISION :
Chad Nay reviewed the proposed Antelope Valley Industrial minor lot subdivision located approximately 10 miles west of Cedar City within Sec 18, T35S, R12W. Improvements and infrastructure are in place and the Planning Commission has recommended approval. The area is zoned industrial and the General Plan encourages this type of development in this zone.
Alma Adams made a motion to approve the preliminary and final plats of Antelope Valley Industrial Minor Lot subdivision as presented and recommended by the Planning Commission. Second by Lois Bulloch. Voting: Wayne Smith, Aye; Lois Bulloch, Aye; Alma Adams, Aye.
IRON COUNTY EMERGENCY SERVICES :
Charlie Morris met with the Commission to discuss several items regarding parks and recreation. He explained the need for a vehicle for the seasonal worker, who currently uses his own vehicle. He also explained the need for storage space for emergency management material. Currently he is storing the material in the common office area in the Fiddlers building. He suggested that a storage unit may be better suited for storage of the material. Charlie also discussed the need for information signs at Three Peaks and Woods Ranch.
A budget adjustment for a seasonal employee was also discussed. In budget interviews the need for an employee from early spring until the end of the season was discussed. The hiring of a seasonal worker was previously approved, however funding will expire in July. He requested additional funding to keep the part time employee until at least October 1.
The matters were taken under advisement for further research and discussion.
David Weller, Nichols Landing Subdivision, met with the Commission with a request to amend his take request from a pass for 2007 to granting the take of 6 prairie dogs for development of 1.4 acres of roads. Dates are critical as April 1 is the deadline when spring counts take effect. The request was submitted March 23 and action on the request was not possible prior to April 1. The DWR reviewed the request after April 1 and found that spring counts would require additional dogs.
Alma Adams made a motion to approve the take of 6 prairie dogs effective March 31 as the request was made in a timely manner. Second by Lois Bulloch. Voting: Wayne Smith, Aye; Lois Bulloch, Aye; Alma Adams, Aye.
ORDINANCE 2007-5 TRANSPORTATION CORRIDOR PRESERVATION :
Kevin Thurman introduced the following ordinance for consideration explaining the purpose of the fund, approval procedure for expenditures from the fund, and timing issues for adoption. Code allows the ordinance to go into effect only one time per year, July 1. The State Tax Commission requires notification by April 1 that the fee is to be collected which notice has been given contingent upon approval of the Commission.
The Commission requested numbers from the Assessor’s Office. Dennis Ayers reported that it appears adopting this ordinance will affect about 45,000 vehicles annually. After reviewing options and concerns, Lois Bulloch made a motion to adopt ordinance 2007-5 as presented. Second by Alma Adams.
IRON COUNTY
ORDINANCE NO. 2007-5
AN ORDINANCE OF IRON COUNTY, UTAH ADOPTING A LOCAL OPTION TRANSPORTATION CORRIDOR PRESERVATION FEE; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Utah State Legislature has authorized counties to impose a Local Option Transportation Corridor Preservation Fee of up to Ten Dollars ($10.00) on each motor vehicle registration within the county; and
WHEREAS, the purpose of the tax is to create a Local Option Transportation Corridor Preservation Fund for the purpose of funding to preserve transportation corridors, promote long-term statewide transportation planning, save on acquisition costs, and promote the best interests of the State in a manner that minimizes impact on prime agricultural land; and
WHEREAS, the fees should be imposed, collected, and used, pursuant to Sections 72-2-117, 72-2-117. 5, and 41-1a-1222, Utah Code Annotated, 1953, as currently amended; and
WHEREAS, the County Commission of Iron County, has determined that it is both necessary and appropriate for the County to impose this fee as prescribed by law.
NOW, THEREFORE, THE COUNTY LEGISLATIVE BODY OF IRON COUNTY, UTAH ORDAINS AS FOLLOWS:
SECTION I
Repealer. If any provision of the County Code heretofore adopted is inconsistent herewith it is hereby repealed.
SECTION II
Enactment. Title 3, Chapter 22, of the County Code is hereby enacted as follows:
Chapter 3.22
LOCAL OPTION TRANSPORTATION CORRIDOR PRESERVATION FEE
Sections:
3.22.010 Title of provisions.
3.22.020 Statutory authority.
3.22.030 Purpose.
3.22.040 Local Option Transportation Corridor Preservation Fee.
3.22.050 Exemption to the Local Option Transportation Corridor Preservation Fee.
3.22.060 Use of the Local Option Transportation Corridor Preservation Fee.
3.22.070 Notice.
3.22.080 Effective date.
3.22.010 Title of provisions.
This Chapter shall be known as the “Local Option Transportation Corridor Preservation Fee” ordinance for Iron County.
3.22.020 Statutory authority.
The Utah State Legislature has authorized counties to enact a Local Option Transportation Corridor Preservation Fee that may be collected at the time application is made for registration or renewal of registration of a motor vehicle under assessment and collection of fees pursuant to Sections 72-2-117, 72-2-117.5, and 41-1a-1222, Utah Code Annotated, 1953, as currently amended.
3.22.030 Purpose.
The ordinance codified in this chapter is enacted to provide the county the procedural and fiscal wherewithal to preserve transportation corridors, promote long-term statewide transportation planning, save on acquisition costs, and promote the best interests of the state in a manner which minimizes impact on prime agricultural land.
3.22.040 Local Option Transportation Corridor Preservation Fee.
There is hereby assessed upon each motor vehicle, at the time application is made for registration or renewal of registration of a motor vehicle, a fee of Ten Dollars ($10.00).
3.22.050 Exemption to the Local Option Transportation Corridor Preservation Fee.
A motor vehicle that is exempt from the registration fee under Section 41-1a-1209 or Subsection 41-1a-419(3), Utah Code Annotated, 1953, as currently amended, is also exempt from this Local Option Transportation Corridor Preservation Fee. A commercial motor vehicle with a portioned registration under Section 41-1a-301, Utah Code Annotated, 1953, as currently amended, is exempt from the Local Option Transportation Corridor Preservation Fee.
3.22.060 Use of the Local Option Transportation Corridor Preservation Fee.
The revenue generated from collection of the fee shall be:
(1) Deposited in the Local Option Transportation Corridor Preservation Fund created in Sections 72-2-117 and 72-2-117.5, Utah Code Annotated, 1953, as currently amended; and
(2) Used and distributed in accordance with Section 72-2-117.5, Utah Code Annotated, 1953, as currently amended.
(3) The Iron County Commission shall, upon finding that the requirements of Section 72-2-117.5, Utah Code Annotated 1953, as amended, are met, approve the expenditure of funds from the Local Option Transportation Corridor Preservation Fund.
3.22.070 Notice.
Notice shall be given by the County before a fee is enacted, changed, or repealed. The notice shall include:
(1) A statement that Iron County will enact, change, or repeal the fee;
(2) The amount of the enactment or change in the fee; and
(3) A copy of the ordinance imposing the fee.
3.22.080 Effective date.
This Chapter shall become effective as of the 1st day of July, 2007.
SECTION III
Severability. If any section, subsection, sentence, clause or phrase of this ordinance is declared invalid or unconstitutional by a court of competent jurisdiction, said portion shall be severed and such declaration shall not affect the validity of the remainder of this ordinance.
SECTION IV
Effective Date. This Ordinance being necessary for the peace, health, and safety of the County, shall become effective on July 1, 2007.
PASSED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS OF IRON COUNTY, UTAH this 9th day of April , 2007.
BOARD OF COUNTY COMMISSIONERS
IRON COUNTY, UTAH
By:
Wayne A. Smith, Chairman
ATTEST:
David I. Yardley, County Clerk
VOTING:
Wayne A. Smith Aye
Lois L. Bulloch Aye
Alma L. Adams Aye
RESOLUTION 2007-4 IRON COUNTY CONSTRUCTION & DESIGN STANDARDS :
A resolution to amend the Iron County Subdivision construction and design standards was tabled without action for further refinement and review.
Kevin Thurman reviewed a proposed lease agreement with Port 15 for a site to construct a sign near 5300 West and SR 56. The sign will be constructed in accordance with Cedar City sign ordinance and in compliance with UDOT standards. The property is an abandoned approach to SR 56 which is not suitable for another purpose. Alma Adams made a motion to approve the lease for a five year period with an option to renew for a fee of $500 annually. Second by Lois Bulloch. Voting: Wayne Smith, Aye; Lois Bulloch, Aye; Alma Adams, Aye.
Dale Brinkerhoff, representing Port 15, presented a check for $2,500 for the lease payment for the full five years.
Colette Eppley presented for approval new employees Carla Fullerton as an outreach worker for the Council on Aging in Parowan and Porfirio Romero as a driver at the Senior Citizen Center in Cedar City. Lois Bulloch made a motion to approve the hiring as presented and upon a satisfactory result of pre employment drug tests. Second by Alma Adams. Voting: Wayne Smith, Aye; Lois Bulloch, Aye; Alma Adams, Aye.
Colette also presented for approval a job description for a Certified Nursing Assistant at the Jail. The position would be a grade 13. Colette also presented for approval Brent Cowley for this position.
Alma Adams made a motion to approve the amendment to the job description which amended the grade for a CNA at the jail and to approve Brent Cowley upon a satisfactory result of a pre employment drug test. Second by Lois Bulloch. Voting: Wayne Smith, Aye; Lois Bulloch, Aye; Alma Adams, Aye.
Colette also reported on a meeting of the Employee Safety Committee in which goals were outlined. The included appropriate safety signs and instruction on use of safety equipment; proper MSDS documentation; lock out tag out training; new employee safety handbook; traffic control training; having a first aid kit available in each work area; regular safety meetings; emergency evacuation plans and procedures; fire extinguisher training and availability; and development of a county and department safety manual.
Alma Adams made a motion to convene in closed session to discuss personnel matters in accordance with Utah Code 52-4 et. seq. for the purpose of discussing the character, professional competence, or physical or mental health of an individual. Second by Lois Bulloch. Voting: Wayne Smith, Aye; Lois Bulloch, Aye; Alma Adams, Aye.
STATE OF UTAH )
) s.s.
COUNTY OF IRON )
I, Wayne A. Smith, Chairman of the County Commission of Iron County, Utah hereby certify that the purpose of the Closed Meeting convened was conducted in accordance with Utah Code 52-4 et. seq. for the purpose of discussing the character, professional competence, or physical or mental health of an individual.
Dated this 9th day of April , 2007.
Signed: Wayne A. Smith, Chairman
Attest: David I. Yardley
County Clerk
PRAIRIE DOG MITIGATION BANK UPDATES, WATER HOLLOW :
Lou Brown, Ron Torgerson, and Kim Christie, SITLA representatives; Dennis Stowell, State Senator; and Elise Boke, USFWS (by Phone) discussed a proposed SITLA prairie dog bank at Water Hollow in Beaver County. They also discussed count ratio being required by USFWS to a 2:1 ratio which would increase the costs per dog from SITLA to near $4,000 per dog. Water Hollow could yield about 12 dogs. Commissioners expressed concern with the ratio change and requested that this position be reviewed to allow for a 1:1 ratio as approved in the past. Ms. Boke explained that this gives a negative impact on the efforts to recover the species because dogs currently exist at both sites. When a bank dog is taken it results in no increase at the bank site but a decrease in the take site.
Mr Brown also explained that review of possible bank sites on the Parker Mountain area could yield additional dogs which could be approved as early as July.
Mr. Brown explained concerns with the methods being used on Parker Mountain by DWR in conducting counts. SITLA technicians surveyed areas and found significant differences in their counts. This raises concerns with counts being conducted through the range of the prairie dog.
IRON COUNTY FAIR PARADE REGULATIONS :
Art Walunas, Fair Director and Terri Peterson, UDOT, met with the Commission to discuss UDOT regulations regarding throwing candy from vehicles and floats at the Fair parade. The parade permit prohibits throwing items during the parade. The parade participants may distribute candy etc. along the parade route by walking along the white line. The Sheriff was requested to handle enforcement of this rule during the parade.
Art Walunas, Fair Director, Marijeanne Burgess and Linda Wilson discussed concerns with the operation of the pageant. They requested clarification of insurance coverage by the County. David Yardley explained that since they receive funding separately which is not audited or administered by the County, they do not qualify for coverage. Only directly sponsored events are covered by liability insurance. He also explained that coverage could be obtained through the TULIP program of UCIP. An alternative would be to place the event under the control of the County where all funds are run through the Auditor’s office.
Debt from previous pageant’s was also discussed. Currently the fund shows a deficit of $3,135 from expenditures for participation in the various events of Miss Iron County.
Alma Adams made a motion to convene in closed session in accordance with Utah Code 52-4 et. seq. for the purpose of a strategy session to discuss pending or reasonably imminent litigation. Second by Lois Bulloch. Voting: Wayne Smith, Aye; Lois Bulloch, Aye; Alma Adams, Aye.
STATE OF UTAH )
) s.s.
COUNTY OF IRON )
I, Wayne A. Smith, Chairman of the County Commission of Iron County, Utah hereby certify that the purpose of the Closed Meeting convened was conducted in accordance with Utah Code 52-4 et. seq. for the purpose of a strategy session to discuss pending or reasonably imminent litigation.
Dated this 9th day of April , 2007.
Signed: Wayne A. Smith, Chairman
Attest: David I. Yardley
County Clerk
CEDAR CITY ANNEXATION REVIEWED BY COUNTY ATTORNEY :
Kevin Thurman reported that the Cedar City Attorney has been contacted regarding current annexation procedures in which islands and peninsulas are being created through a hopscotch approach. Kevin was requested to draft a letter to Cedar City to request to attempt to eliminate existing islands and to attempt to square boundaries in future annexations.
U of U SCHOOL ON ALCOHOLISM AND DRUGS SCHOLARSHIP APPROVAL :
The Commission reviewed applications for approval to attend the University of Utah School on Alcoholism and Drugs training in June. Richard Harris and Linda Harris have submitted applications as they are involved in leading a 12 step program in northern Iron County. Alma Adams made a motion to approve scholarships for Richard and Linda Harris as requested. 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