IRON COUNTY COMMISSION MEETING
June 11, 2007
Minutes of the Iron County Commission meeting convened at 9:00 a.m. June 11, 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 :
APPROVAL OF MINUTES May 29, 2007
APPROVAL OF WARRANTS & ADJOURN 1 2
BID PROPOSALS FOR LEVAN COMMUNICATION SITE APPROVAL
CERTIFICATION OF 2007 TAX SALE RESULTS
FIELD VISIT TO PROPOSED SENIOR CITIZEN CENTER SITE IN PAROWAN
PUBLIC HEARING UNINCORPORATED AREA SERVICES DISTRICT
YOUTH CAMP NORTH OF ENTERPRISE
Those assembled were led in the pledge of allegiance by Cal Kahler.
APPROVAL OF MINUTES May 29, 2007 :
Minutes of the Iron County Commission meeting held May 29, 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.
Kevin Thurman discussed issues with cities annexations which result in islands of unincorporated areas within their boundaries. He requested that the County be more diligent in reviewing notices and to oppose those annexations which create islands. He also will contact Cities and request that they not accept annexation proposals creating islands.
Lois Bulloch reported on attendance at Girls State. County officials participate on County day and explain their office and responsibilities.
Wayne Smith reported that he has received a letter requesting the County’s help in obtaining a long term communications site at Iron Mountain. The Commission stated that this is a private property issue and needs to be negotiated between the property owners.
Cal Kahler reported to the Commission on his attendance at the Central Iron County Water Conservancy District meeting. As liaison to the District, Mr. Kahler stated that it appears that Cedar Mountain receives a large amount of water that is not accounted for in runoff figures kept by the State. If this water could be tapped, it could provide additional water resources for the Cedar Valley.
Alma Adams made a motion to open a public hearing to receive comments on a proposed zone change from A-20 to R-½ on property located within section 20, Township 35 South, Range 11 West, SLB&M. Second by Lois Bulloch. Voting: Wayne Smith, Aye; Lois Bulloch, Aye; Alma Adams, Aye.
Chad Nay reported that the proposed zone change from A-20 to R-½ covers 360 acres located approximately 4000 North & Lund Highway, Cedar City. The property belongs to Craig Jones who declared a conflict of interest in the Planning Commission and did not participate in the Planning Commission discussion and voting. The property is located within Tier 2 and exceeds the minimum acreage requirements for denser zoning. Both sewer and water are available. The Planning Commission recommended approval of the proposed change.
After all comments were received, Lois Bulloch made a motion to close the public hearing and to approve the zone change from A-20 to R- ½ as recommended by the Planning Commission with a finding that the proposed change is in compliance with the Iron County General Plan and the Iron County Land Management Code. Second by Alma Adams. Voting: Wayne Smith, Aye; Lois Bulloch, Aye; Alma Adams, Aye.
Legal Description: The West ½ of the Northeast quarter, the Norwest Quarter of the Southeast quarter; the Northwest quarter; and the North ½ of the Southwest quarter of Section 20, Township 35 South, Range 11 West, SLB&M. Containing 360 acres M/L.
CERTIFICATION OF 2007 TAX SALE RESULTS :
Christene Keene, Chief Deputy Auditor, presented a report of the results of the annual tax sale held May 24, 2007. All parcels except campsites were sold. Excess funds will be held for the statutory period by Iron County. At that time all excess funds will be submitted to the State Treasurer.
Alma Adams made a motion to certify the results of the annual tax sale and authorize the Auditor’s Office to proceed with issuing tax deeds to successful bidders. Second by Lois Bulloch. Voting: Wayne Smith, Aye; Lois Bulloch, Aye; Alma Adams, Aye.
Iron County Sheriff, Mark Gower, presented a proposal to implement a pay to stay
program for inmates incarcerated at the Iron County Jail. House Bill 263 (2007) modifies Title
76, Utah Criminal Code, and Title 77, Utah Code of Criminal Procedure, regarding
reimbursement by defendants of incurred costs. This bill: changes the process for requiring
defendants to pay restitution of the costs of incarceration from one requiring action by the court
to one that becomes a requirement unless otherwise ordered by the court; requires the defendant
to pay the costs of incarceration to the county correctional facility before and after sentencing,
unless the amount is reduced or eliminated by the court; and specifies that the costs of
incarceration are to be determined by the county correctional facility, but are not to exceed: the
daily core inmate incarceration costs and medical and transportation costs established under
Section 64-13c-302; and the costs of transportation services and medical care that exceed the
negotiated reimbursement rate established under Subsection 64-13c-302(2).
Alma Adams made a motion to approve the concept of pay to stay and authorized the
County Attorney to draft appropriate ordinances or resolutions to implement the program.
Second by Lois Bulloch. Voting: Wayne Smith, Aye; Lois Bulloch, Aye; Alma Adams, Aye.
LIVE SCAN FINGERPRINT MACHINE :
Mark Gower, Iron County Sheriff, presented a request to purchase a live scan fingerprint machine for use in the Sheriff’s Office. He reported that the current system of ink and rolling of prints is time consuming and in some cases if prints do not come out clear, the process must be repeated. The live scan system tells immediately if the prints are of the quality required. With the increase in requests for concealed carry permits and for background checks required by the school district for all employees, it would be very helpful to have the new system. Estimated cost of the machine would be $17,000.00.
Alma Adams made a motion to approve the purchase of the live scan fingerprint machine and to authorize a fee of $10.00 per print. Fees generated from prints are to be placed in a separate fund for reimbursement of the purchase price of the machine. Second by Lois Bulloch. Voting: Wayne Smith, Aye; Lois Bulloch, Aye; Alma Adams, Aye.
Oscar Hulet met with the Commission to request permanent prairie dog take on property along Airport Road and 400 North in Cedar City. He explained that in order to develop this parcel Cedar City is requiring that a road be installed on 400 North. The roadway has one prairie dog. The Commission informed Mr. Hulet that there are not currently prairie dog take permits available. He was referred to Keith Day with DWR to get on the waiting list. Mr. Day was requested to survey the parcel to determine if there is a possibility of clearing this road project.
The Commission also discussed the Wild Pea Hollow prairie dog preserve area. It appears that a mass die off has occurred at this site. The Commission requested that DWR consider this as a transplant site as soon as possible.
FIELD VISIT TO PROPOSED SENIOR CITIZEN CENTER SITE IN PAROWAN :
The Commission adjourned from their meeting location to meet with Parowan City officials to discuss the location of a new Senior citizen Center. Two sites were reviewed, the first, located adjacent to the ambulance garage will provide the necessary space and is the site originally proposed in the CDBG grant application. The drawback to this site is the distance to provide sewer service which would be to install an outfall lateral line to connect to the current system on 100 West and 700 North.
The second site reviewed would be located at 500 North, 300 East and backs up to the existing gravel pit. It would require a sewer extension to 200 East. This sewer connection would not serve as many homes as the first site but would be significantly less costly. No action was taken at this time.
BID PROPOSALS FOR LEVAN COMMUNICATION SITE APPROVAL :
Bids for the construction of a communications building and tower base at Levan Peak were reviewed by the Commission. Three bids were received as follows:
Dwayne Lyon Construction bid $76,800.00
K.T. Anderson Construction bid $107,614.64
Icelander Construction bid $157,560.00
Alma Adams made a motion to accept the bid of Dwayne Lyon Construction of $76,800.00 to construct a communications building and tower base at Levan Peak. Second by Lois Bulloch. Voting: Wayne Smith, Aye; Lois Bulloch, Aye; Alma Adams, Aye.
Colette Eppley presented for approval a new employee in the Council on Aging. Kimberly West was approved as an employee on a motion by Lois Bulloch. Second by Alma Adams. Voting: Wayne Smith, Aye; Lois Bulloch, Aye; Alma Adams, Aye.
Colette also discussed a proposed pay increase for Justice Court Judge, Margaret Miller. She recommended a 9 % increase from $66,873.00 per year to $72,891.00 per year. Because a public hearing must be held in order to increase elected official salaries, no action was taken at this time.
PUBLIC HEARING UNINCORPORATED AREA SERVICES DISTRICT :
Lois Bulloch made a motion to open a public hearing to receive comments regarding the creation and establishment of an Unincorporated Area Services District within Iron County. Second by Alma Adams. Voting: Wayne Smith, Aye; Lois Bulloch, Aye; Alma Adams, Aye.
Wayne Smith explained that this hearing is part of the process in initiating proceedings for the creation and establishment of an Unincorporated Area Services District within Iron County; describing the boundaries thereof; specifying the types of services to be provided within said district; and prescribing other matters and details relating to the creation and establishment of an Unincorporated Area Services District.
The Board of County Commissioners of Iron County (the Board), hereby finds, determines and declares that the public health, convenience and necessity requires the establishment of an Unincorporated Area Services District within Iron County (the County) for the purpose of providing essential governmental functions and services to County residents living in the unincorporated area of the County, which functions and services shall be paid for only by the residents of said unincorporated area.
To accomplish the foregoing purpose the Board proposes to create an Unincorporated Area Services District within the County, the territory and jurisdiction of which shall be described as all of the unincorporated land within the boundaries of Iron County and which shall be exclusive of the territory of each and all of the incorporated cities and towns in the County, as permitted by and in accordance with the provisions of Title 17, Chapter 34, U.C.A., 1953, entitled “Municipal-Type Services to Unincorporated Areas Act” (the Act).
The matter was then opened for public comments which were received as follows:
Joe Hennessey commented that he was concerned with the published explanation of the proposed Special Service District. He wanted more information regarding the impact on taxes and services provided.
The Commission responded by requesting Reed Erickson, County Planner, to make a power point presentation explaining the reasoning behind the formation of the special district and the effect on tax rates. Since a tax rate has not been set and the exact amount required to fund the municipal type services in unincorporated areas, exact dollar amounts are not available at this time. A tax rate will be set at budget time and following truth in taxation hearings as required by State law.
Craig Spitler asked if additional services were being proposed for unincorporated areas. Commissioner Smith responded that at the present time additional services are not being proposed. The requirement under State law to fund municipal services a municipal services tax are all that are being considered.
Melvin Fish asked why the County could not direct a larger portion of the sales tax to municipal services in the County and why Cedar City collected all of the sales tax for County residents.
The Commission explained that sales tax revenue is distributed on a formula managed by the State Tax Commission and is governed by State law. The County has implemented a ¼ % sales tax which is placed in the general fund and is not available under state law to provide municipal services.
Deneen McCarthy asked why some of the State surplus funds could not be directed to Counties. The Commission responded that the Legislature has control of the State funds and typically do not fund local level services such as fire and police.
Carlisle Johnson questioned the level of service being provided to County residents, especially in remote areas. The Commission responded that the service is available. It may take longer to respond and the County does not have the means to provide the same level of response due to the distances involved.
Craig Spitler stated that services in the County should be funded by County general tax funds. He felt that County residents already pay sufficient taxes to pay for services provided.
The Commission responded that under current State law, residents living in unincorporated areas are required to pay for the services they receive. These services cannot be funded from the General fund or other special funds.
Deneen McCarthy stated that she resented the insinuation that County residents were not paying their fair share for the services provided.
Larry Cooper asked what portion of the County would be involved in the Special District. The Commission explained that the legal description includes all of Iron County with the areas within the municipal boundaries excluded.
Mr. Cooper also asked if the funding could come from other sources. The Commission explained that funding could be a mixture of fees and taxes. Where a specific services such as solid waste collection is provided, a fee can be used. Where a service is provided such as law enforcement and fire, it is more reasonable to fund with a tax.
Steve McCarthy asked who the governing board of the Service District would be and if the citizens will have an opportunity to vote on board appointments. The Commission responded that it is proposed to designate the County Commission to act as the governing board of the Service District. Elections of Commissioners will be in effect electing Special District board members.
Craig Clark asked about the level of services provided in outlying areas. The Commission explained that currently there are fire departments in Beryl and Newcastle along with funding of municipal fire departments for fires outside municipal boundaries. The Sheriff will continue to provide service in the unincorporated areas. New services are not being proposed.
Nancy Brandstetter asked about how fees for service could be provided. The Commission explained that fire and police protection are not suitable for fees, a call may not come in for a particular property but the equipment and personnel must be available at all times to respond to an emergency.
Tim Hatfield asked who has a say in the formation of the Service District. Is it a call by the Commission or do property owners have a say. The Commission explained that the State law allows registered voters within the unincorporated area to be counted. The number protesting the formation must be at least 50% of the voters.
Joe Hennessey asked about the amount of tax to be collected by the Special District. The Commission responded that the exact amount has not been set and will not be available until budgets are established in November and December.
Nancy Brandstetter asked how citizens could be insured that excess taxes will not be collected in addition to the new taxes for municipal services. The Commission responded that Iron County is operating currently on surplus funds which are intended to allow the County to operate without borrowing money. If the current trend continues, the County will be required to obtain tax anticipation bonds which will increase costs to County taxpayers.
Craig Spitler asked about certified tax rate changes and how this can increase revenue without going through truth in taxation. The Commission explained the operation of the certified tax rate. As property values increase, the certified tax rate decreases so that the County remains whole without collecting additional windfall taxes.
After all comments were received and answered, Alma Adams made a motion to close the public hearing. Second by Lois Bulloch. Voting: Wayne Smith, Aye; Lois Bulloch, Aye; Alma Adams, Aye. The Commission explained that they would still receive written comments for the record until a final decision is made.
A notice of a proposed sale of SITLA property located in Section 2 Township 32 S Range 17 West and Section 11 Township 37 South Range 11 West was reviewed by the Commission. The matter was referred to Iron County Engineer, Steve Platt for review and to submit a claim for existing roads within the proposed sale areas.
FAMILY DAY PROCLAMATION 2007 :
The following proclamation was presented for approval whereupon Alma Adams made a motion to approve the proclamation. Second by Lois Bulloch. Voting: Wayne Smith, Aye; Lois Bulloch, Aye; Alma Adams, Aye.
IRON COUNTY, UTAH
PROCLAMATION
2007 FAMILY DAY
WHEREAS the use of illegal drugs and the abuse of alcohol and nicotine constitute the greatest threats to the well-being of America's children;
WHEREAS surveys conducted by The National Center on Addiction and Substance Abuse (CASA) at Columbia University have consistently found that the more often children and teenagers eat dinner with their families the less likely they are to smoke, drink and use illegal drugs;
WHEREAS teenagers who virtually never eat dinner with their families are 72 percent more likely than the average teenager to use illegal drugs, alcohol and cigarettes;
WHEREAS teenagers who almost always eat dinner with their families are 31 percent less likely than the average teenager to use illegal drugs, alcohol and cigarettes;
WHEREAS the correlation between family dinners and reduced risk for teen substance abuse are well documented;
WHEREAS parental influence is known to be one of the most crucial factors in determining the likelihood of substance abuse by teenagers;
WHEREAS family dinners have long constituted a substantial pillar of family life in America:
Now, therefore, the Iron County Commission, does hereby proclaim the fourth Monday in September as
Family Day – A Day to Eat Dinner With Your Children
and urge all citizens of Iron County to recognize and participate in its observance.
ADOPTED this 11th Day of June , relinquishing.
Wayne A. Smith, Chairman
Lois L. Bulloch, Commissioner
Alma L. Adams, Commissioner
BEAVER RIDGE TV SITE RELEASE :
The Bureau of Land Management has requested a review and release of right of way for a TV Translator site at the Beaver Ridge. The site has not been used for over thirty years by the County. And it does not appear to be a viable site for our present TV system. Alma Adams made a motion to authorize the Commission Chair to sign a form relinquishing Iron County’s claim to the Beaver Ridge TV site. Second by Lois Bulloch. Voting: Wayne Smith, Aye; Lois Bulloch, Aye; Alma Adams, Aye. Commissioner Smith then signed the BLM form.
YOUTH CAMP NORTH OF ENTERPRISE :
The Commission has received information that a youth camp is being established in the Escalante valley about six miles north of Enterprise. The mayor of Enterprise informed the Commission that the group attempted to locate in Washington County but could not meet the licensing requirements. The group has not applied for any permits in Iron County. The matter was referred to the Sheriff and to the Zoning Department for investigation.
APPROVAL OF WARRANTS & ADJOURN :
After the bills were reviewed and approved or rejected, the meeting was adjourned at 4:00 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