IRON COUNTY COMMISSION MEETING
June 25, 2007
Minutes of the Iron County Commission meeting convened at 9:00 a.m. June 25, 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
Kevin Thurman Deputy County Attorney
David I. Yardley County Clerk
Also Present:
H. Eugene Adams County Auditor
Dennis W. Ayers County Assessor
Patsy T. Cutler County Recorder
Geraldine S. Norwood County Treasurer
Mark O. Gower County Sheriff
SYNOPSIS :
APPROVAL OF MINUTES June 11, 2007
APPROVAL OF WARRANTS & ADJOURN
NEWCASTLE CITIZEN REQUEST FOR PARK
NUISANCE/ZONING HEARING OFFICER APPOINTMENT
PAROWAN SENIOR CITIZEN CENTER LOCATION DECISION
PUBLIC HEARING PROPOSAL TO ADJUST SALARY OF ELECTED OFFICIAL
REQUEST TO ESTABLISH AN SID IN MIDVALLEY ACRES
RESOLUTION 2007€7 ESTABLISHING MUNICIPAL SERVICE DISTRICT
RESOLUTION 2007€7 ESTABLISHING MUNICIPAL SERVICE DISTRICT
TRAP SHOOTING RANGE IN CEDAR CITY
Those assembled were led in the pledge of allegiance by Scott Garrett.
APPROVAL OF MINUTES June 11, 2007 :
Minutes of the Iron County Commission meeting held June 11, 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.
Erik Jorgensen reported that data processing is continuing to work with the Justice Court and Sheriff’s office on software changes. The Auditor is preparing to print disclosure notices which should be mailed the end of July.
Patsy Cutler reported that the State is planning on recording documentation on RS 2477 road right of way claims for Iron County this week. She also reported that advertisement for a full time cadastral mapper is being published. This will be to replace Robert Dalley who intends to retire later this year.
Geri Norwood returned from a medical leave. She reported that the Treasurer’s Office is in a slow time and they are working on software changes to be ready for tax season.
Gene Adams reported that the Auditor’s Office is completing depreciation schedules for the independent auditor. They are also working on several issues with software where funds were credited into the wrong accounts.
Gene also reported that the County certified tax rate for 2007 will be .001450 which is lower than last year’s rate of .001543. New growth values are $5,260,320.00.
Cal Kahler reported that the CICWCD was concerned with the certified tax rate being reduced to .000509 from .000555. They feel this will hurt efforts to work with flood and waste water issues. The District is also discussing the possibility of constructing a reservoir on Urie
Creek for recreation and water storage.
Scott Garrett reported that the Attorney’s Office has been less busy since the murder trial ended. He also reported that there was a tragic accident in Cedar City in which a baby drowned in a bathtub when the mother took a phone call.
Alma Adams reported that the jail is down to 37 Federal inmates. The County will contact State Corrections to see if State prisoners are available as per our contract.
Lois Bulloch reported that Mesa Airlines has decided to withdraw service from the Cedar City Airport. Sky West has indicated that they will bid for the air service in Cedar City and Mesa will be allowed to rebid for a new contract.
Kevin Thurman reported that a barn built with straw bales has been located in the Beryl area. It has equipment which requires the building to meet building codes. There has not been a building permit issued and the owner has been informed that the building must be removed.
Mark Gower reported that over the weekend several construction sites had equipment stolen. Losses will be in the thousands of dollars.
Wayne Smith reported that five SITLA bank prairie dogs have been returned to Iron County because of failure to use in a timely manner. There are two people who desperately need take to finish their roads within their subdivisions. This will be addressed later in the meeting.
REQUEST TO ESTABLISH AN SID IN MIDVALLEY ACRES :
Stephen Brown sent in an application to establish a Special Improvement District within Midvalley Acres. The proposed SID would be for a portion of the subdivision and include a request for roads, sewer, water, gas, and telephone. Because Mr. Brown did not appear and the concerns with the location within a flood area, the matter was tabled and referred to Steve Platt to determine what mitigation would be needed for flooding problems and to allow Mr. Brown to appear to explain the proposed project.
Mark Gower, Iron County Sheriff met with the Commission to report on the costs associated with using Enoch and Cedar City animal shelters. Mark proposed that the County consider constructing their own shelter at Iron Springs which would be staffed from within the existing Sheriff’s Department. This would provide access to County personnel without trying to locate Cedar City or Enoch personnel. It would also give greater control on costs of operation. The Commission recommended that Sheriff Gower present this proposal at budget time for consideration.
Sheriff Gower also discussed a license program for dogs. He suggested a fee of $20.00 annually for spayed/neutered dogs and $50.00 for non spayed/neutered dogs. Working dogs could receive an exemption from licensing but would require identification tags. This was also taken under advisement.
Kelly Crane, representing the Central Iron County Water Conservancy District, met with the Commission to request a building permit fee waiver for the construction of a pump buildings at well sites in Cedar Valley. Chad Nay responded that it has been the policy in the past to waive permit fees for government agencies. Alma Adams made a motion to waive the building permit fees for the construction of pump building for Central Iron County Water Conservancy District. Second by Lois Bulloch. Voting: Wayne Smith, Aye; Lois Bulloch, Aye; Alma Adams, Aye.
NEWCASTLE CITIZEN REQUEST FOR PARK :
A request from citizens of Newcastle to own and manage a park with playground equipment on property owned by the LDS Church was tabled without action as the issue is premature. The Church has not agreed to deed the property to Iron County and a plan for maintenance has not been established.
PAROWAN SENIOR CITIZEN CENTER LOCATION DECISION :
The Commission reviewed sites for the location of a Senior Citizen Center in Parowan. After reviewing strengths of each site, Alma Adams made a motion to pursue the site adjacent to the Ambulance Garage as the preferred site subject to negotiations with Parowan City regarding costs of a septic system vs a sewer line extension. Second by Lois Bulloch. Voting: Wayne Smith, Aye; Lois Bulloch, Aye; Alma Adams, Aye. Commissioner Adams will negotiate with Parowan City regarding the waste water system.
RESOLUTION 2007-7 ESTABLISHING MUNICIPAL SERVICE DISTRICT :
The matter of establishing an Iron County Unincorporated Area Services District No 2 to provide municipal services was recalled from the previous meeting for action. Lois Bulloch read two comments submitted.
Nancy Brandstetter commented that she was concerned with the notice given to the public. She requested that the matter be tabled and a notice mailed to all citizens within the unincorporated area. She stated that because many residents in the Beryl area do not receive the newspaper, they were unaware that a Service District is being proposed.
Lois Bulloch responded that she has received comments from several citizens stating they realize that as County residents, they need to pay for the services they receive. She also explained that State law requires the County establish a Special District to fund municipal services to unincorporated areas.
Lois Bulloch then made a motion to adopt Iron County Resolution 2007-7 establishing the Iron County Unincorporated Area Services District No 2 as required by Utah Code Title 17, Chapter 34, U.C.A., 1953, entitled “Municipal-Type Services to Unincorporated Areas Act” (the Act). Second by Alma Adams. Voting: Wayne Smith, Aye; Lois Bulloch, Aye; Alma Adams, Aye.
Date: June 25, 2007
A RESOLUTION OF THE COUNTY LEGISLATIVE BODY OF IRON COUNTY, UTAH, CREATING AND ESTABLISHING AN UNINCORPORATED AREA SERVICES DISTRICT WITHIN IRON COUNTY; DESCRIBING THE BOUNDARIES THEREOF, NAMING THE SAID DISTRICT, AUTHORIZING AND SPECIFYING THE SERVICES TO BE PROVIDED, SETTING FORTH THE POWERS, DUTIES AND AUTHORITY, DESIGNATING AND APPOINTING THE GOVERNING AUTHORITY, PROVIDING FOR THE METHOD OR METHODS OF PAYMENT FOR THE SERVICES TO BE FURNISHED AND PRESCRIBING OTHER MATTERS AND DETAILS RELATING TO THE ESTABLISHMENT, OPERATIONS AND FUNCTIONS THEREOF.
BE IT KNOWN AND REMEMBERED:
THAT, the County Legislative Body of Iron County has heretofore found, determined and declared that the public health, convenience and necessity requires the establishment of an unincorporated area district within Iron County for the purpose of providing or continuing the provision of essential governmental functions and services in and to the unincorporated area of the County outside of the boundaries of the cities and towns therein as set forth in the description of said district’s boundaries, which functions and services shall be paid for only by the residents, businesses and inhabitants of said unincorporated area, and
THAT, to accomplish the foregoing purpose the Board has proposed by Resolution No. 2007-5 approved and passed on May 14, 2007, to create an unincorporated area services district within the County, the territory and jurisdiction of which shall be as set forth herein but 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”, and
THAT, in accordance with Resolution No. 2007-5 passed on May 14, 2007, the County gave public notice of its intention to establish the District and it called and held a public hearing on June 11, 2007, on the proposal to establish the District, at which public hearing, the Board permitted all interested persons to be heard and received all written protests submitted at the time, and
THAT, subsequent to the public hearing and within the protest period provided by Resolution No.2007-5, the County has received all written protests made against the establishment of the District or against the specified type or types of services to be furnished by the District, and
THAT, the County has duly considered all protests received and does hereby determine that all residents, businesses and inhabitants and all properties of the area to be included in the proposed district will be directly or indirectly benefitted from the services and functions to be provided therein, and
THAT, the Board has taken all actions and accomplished all matters required and necessary which are preliminary to the creation of the district and, accordingly, does hereby determine that the District shall be created in accordance with this Resolution and the Municipal-Type Services to Unincorporated Areas Act,
NOW, THEREFORE, the County Legislative body of the County of Iron RESOLVES as follows:
Section 1. Iron County Resolution No. 2007-7 is hereby approved and passed to read as provided herein.
Section 2. As used in this Resolution:
(a) “Board”, “the Board”, means the County Legislative body of Iron County, Utah.
(b) “Governing Authority”means the board or body designated herein to govern the unincorporated area services district created hereby.
(c) “County” or “the County” means Iron County, Utah
(d) “District” or “the District” means the unincorporated area services district created by this Resolution.
(e) “Act” means Title 17, Chapter 34, U.C.A., 1953, entitled “Municipal-Type Services to Unincorporated Areas”.
Section 3. There is hereby created and established in the County of Iron, State of Utah, an unincorporated area services district, the area of which is described in Section 5 hereof. Said district is ordered and declared fully formed, organized and established under and by virtue of the provisions of the Act for the purposes specified therein and shall be a distinct and separate taxing district of the County in accordance with and as permitted by the Act.
Section 4. The name of the District created hereby is and shall be hereafter known as “Iron County Unincorporated Area Services District No. 2”, referred to herein as the District.
Section 5. The District shall include all of the territory and area of Iron County that is not incorporated as a city or town the boundaries of which shall coincide with the official boundaries of the County on file with the State of Utah, (that portion of the unincorporated area of the County which is more specifically described as follows:
Description of the boundaries of the proposed District:
Iron County: Beginning at the northwest corner of township 31 south, range 5 west, thence west to the boundary of the state; thence south to the line between townships 36 and 37 south; thence east to the line between ranges 16 and 15 west; thence north to the northwest corner of township 37 south, range 15 west; thence east to the northeast corner of township 37 south, range 15 west; thence south to the southeast corner of township 37 south, range 15 west; thence east to the southeast corner of township 37 south, range 13 west; thence south to the northeast corner of section 24, township 38 south, range 13 west; thence east on the section lines to the intersection of the range line between ranges 12 and 11 west; thence south on that range line to the southwest corner of section 18, township 38 south, range 11 west; thence east on the section lines to the intersection of the range line between ranges 11 and 10 west; thence north along the range line to the southwest corner of section 18, township 38 south, range 10 west; thence east on the section lines to the intersection of the range line between ranges 11 and 10 west, at the northeast corner of section 24, township 38 south, range 10 west; thence north to the line separating townships 37 and 38 south; thence east to the line between ranges 8 and 7 west; thence north to the northwest corner of township 35 south, range 7 west; thence east to the northeast corner of said township 35 south, range 7 west; thence north to the northwest corner of township 34 south, range 6 west; thence east to the northeast corner of township 34 south, range 6 west; thence north to the point of beginning.
There shall be excluded from the foregoing description and from the District the territorial areas of each of the incorporated cities and towns in the County as the boundaries of such cities and towns exist and are recorded on the date of the adoption of this Resolution and as those boundaries may change from time to time.
Section 6. The District is hereby empowered to and shall have the authority to provide for or furnish any or all of the services and functions within the territory of the District as and to the extent they are deemed necessary or desirable by the governing authority thereof, to-wit: any service or function defined as a “municipal service” or “municipal capital project” pursuant to the Uniform Fiscal Procedures Act for Counties (U.C.A. §17-36-1, et seq.). The foregoing services and functions may be provided through facilities, systems or property acquired for that purpose through construction, purchase, lease, rental, gift or condemnation or any combination of the foregoing means, or by any other means available to such districts as provided by law. The acquisition of facilities, systems and property may include the appurtenances thereof and may be for partial or joint ownership interests therein.
Section 7. The Board as it is comprised from time to time, shall be and act as the governing authority of the District and shall supervise and control all of the activities thereof. For this purpose, the governing authority may delegate to certain officers or employees of the County the authority to perform the activities, functions and operations of the District and exercise the rights, powers and authority of the District as permitted by general county law. The governing authority of the District shall have and it is hereby vested with all of the powers, duties and responsibilities conferred upon the governing authority of a taxing district by general law, the Act and all laws amendatory and supplemental thereof, and as implemented by this Resolution.
Section 8. The District shall have and exercise by and through its governing authority all of the rights, powers and authority specifically conferred upon such districts by the Act and those necessarily implied therefrom, together with such other rights, powers and authority as are conferred upon taxing districts which are required or necessary for the proper functioning of the District. All laws which are applicable and pertinent to the governance, functions and operations of the County shall apply to the District except as such laws may have been changed, modified or supplemented by the Act and the provisions of this Resolution implementing the Act.
Section 9.
(a) Any service or function and the systems, properties and facilities related thereto specified herein to be provided by the District shall be paid for by the imposition and collection of ad valorem property taxes levied annually upon all taxable property within the District as described herein, or by the imposition and collection of periodic service charges or fees from the recipients of the services or functions provided or by a combination of both such property taxes and service charges or fees as determined by the governing authority. All taxes levied in and for the District shall be in addition to all other taxes levied by the County or by any other public corporation, district or political subdivision located in the District. The governing authority of the District shall have the authority to adopt such rules and regulations as are necessary to assure the proper collection and enforcement of all fees and charges imposed in the District for the services and functions provided therein.
(b) Initially, the District shall pay for the services specified herein and the functions related thereto by levying annual ad valorem taxes in the District which shall be sufficient to pay for the services and functions furnished and revenues received from the Local Option Sales and Use Tax (U.C.A. § 59-12-201 et seq.) provided, however, the foregoing shall not preclude the governing authority from implementing a service charge or fee system to pay for the services and functions if it is determined to be feasible so to do. All taxes levied in and for the District shall be accomplished at the time and in the manner provided by law for general county taxes.
(c) In accordance with the Act, there is hereby ordered to be created and established a special revenue fund of the County, separate from all other accounts and funds of the County, into which all taxes or service charges or fees shall be deposited as they are levied and collected. Disbursements from said special revenue fund shall be made only for the rendering of the services and functions set forth in this Resolution within the District. The special revenue fund shall be controlled, managed, accounted for, audited and treated as if it was for a separate governmental entity.
Section 10. All officers and employees of Iron County are hereby authorized and directed to take all actions necessary and appropriate to effectuate the provisions of this Resolution.
Section 11. If any one or more sections, sentences, clauses or provisions of this Resolution shall for any reason be held inapplicable or invalid, such holding shall not affect, impair or invalidate the remaining provisions of this Resolution but shall be limited in its operation and effect to the specific sections, sentences, clauses or provisions hereof held inapplicable or invalid. The inapplicability or invalidity of any section, sentence, clause or provision of this Resolution in any one or more instances shall not affect or prejudice in any way the applicability or validity of this Resolution in any other instance.
Section 12. All acts, resolutions and regulations of Iron County in conflict with or not consistent with this Resolution are hereby repealed to the extent only of such conflict or inconsistency. This repealer shall not be construed so as to revive any act, resolution or regulation, or part thereof, heretofore repealed.
Section 13. This Resolution shall be published in its entirety in one issue of a newspaper published in and having general circulation in Iron County but such publication shall not be necessary for this Resolution to be or become effective.
Section 14. This Resolution shall take effect immediately upon its approval and passage by the Board of County Commissioners.
APPROVED and PASSED this 25th day of June , 2007.
BOARD OF COUNTY COMMISSIONERS OF IRON COUNTY, UTAH
By :
Wayne A. Smith, Chair
ATTEST:
David I. Yardley, County Clerk
VOTING:
Commissioner Wayne A. Smith voted Aye
Commissioner Alma L. Adams voted Aye
Commissioner Lois L. Bulloch voted Aye
PUBLIC HEARING PROPOSAL TO ADJUST SALARY OF ELECTED OFFICIAL :
Lois Bulloch made a motion to open a public hearing in compliance with Utah Code 17-16-14 to adjust the salary of an elected official. Second by Alma Adams. Voting: Wayne Smith, Aye; Lois Bulloch, Aye; Alma Adams, Aye.
Wayne Smith explained that at the time salaries were adjusted for other elected officials July 16, 2006, the salary of the Justice Court Judge, Margaret Miller was not changed. The Commission at the time felt that due to the resignation of Ken Adams, Judge Miller was allowed to receive both her regular salary plus the salary of Ken Adams because of the increased work load. This agreement was effective through February 1, 2007. Judge Miller received the same cost of living increase January 1, 2007 as all County employees.
Margaret Miller commented that it seemed unfair that all elected officials received a raise except her during July 2006. She requested that the same percentage raise be granted retroactive to July 16, 2006.
After all public comments were received, Lois Bulloch made a motion to close the public hearing and to adjust the salary of Judge Margaret Miller to the same percentage increase as other elected officials effective July 16, 2006. Second by Alma Adams. Voting: Wayne Smith, Aye; Lois Bulloch, Aye; Alma Adams, Aye.
The Commission approved signatures on a CDBG contract for funding a senior citizen center in Parowan on a motion by Lois Bulloch. Second by Alma Adams. Voting: Wayne Smith, Aye; Lois Bulloch, Aye; Alma Adams, Aye.
TRAP SHOOTING RANGE IN CEDAR CITY :
Bill Engstrom discussed with the Commission a proposal to mine and clean the top six inches of soil at the Trap Club in Cedar City. He explained that over the years the lead shot builds up in the top soil and currently the scrap metal price makes it practical to clean these areas. The Trap Club would receive 20% of the retrieved metal which they could then sell. Since a portion of the downrange fall zone is on County property they would like permission to remove the brush and grass and mine the area.
The Commission explained their concern with removing the vegetation, especially the brush because this would invite prairie dogs to move onto the site. Another concern would be with the screening pulverizing the soil to a point where wind erosion would be a major problem. The Commission tabled the matter for further information.
NUISANCE/ZONING HEARING OFFICER APPOINTMENT :
Kevin Thurman discussed the appointment of a hearing officer to hear appeals of nuisance and zoning offences. Several people have been contacted and have declined the opportunity to serve as a hearing officer. The Commission discussed the process leading to appeals and determined that it would be more appropriate to have the Board of Adjustments meet to hear appeals. Kevin was asked to amend the nuisance ordinance and the zoning ordinance to conform with the Board of Adjustments hearing appeals.
Shane Evertson discussed with the Commission the possibility of purchasing habitat to clear a parcel in Cedar City. The Commission explained that it appears this is a possibility in the future however at the present time, habitat is not available for purchase. The Commission further explained that the County has obtained five SITLA Prairie Dog Bank dogs back from a developer that did not start construction on his project. These are available and Mr. Evertson’s project would require a take of two dogs. Mr. Evertson expressed a desire to purchase two dogs so that his project can proceed.
The Commission also discussed a request from Mike Ward to purchase three dogs to clear a road for the installation of infrastructure in The Meadows Subdivision Phase 7. Lois Bulloch made a motion to approve the request of Shane Evertson to purchase two SITLA credits at $2,000.00 per credit and for Mike Ward to purchase three SITLA credits for $2,000 per credit. Credits must be paid within thirty days. Second by Alma Adams. 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 4:30 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