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IRON COUNTY COMMISSION MEETING January 9, 2006

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IRON COUNTY COMMISSION MEETING January 9, 2006 IRON COUNTY COMMISSION MEETING January 9, 2006 Minutes of the Iron County Commission meeting convened at 9:00 a.m. January 9, 2006 in Commission Chambers at the Iron County Courthouse, Parowan, Utah. Officers in attendance included: Gene E. Roundy Commission Chairman Dennis E. Stowell Commissioner Wayne A. Smith Commissioner Glenn Halterman Deputy County Attorney David I. Yardley County Clerk SYNOPSIS : AMBULANCE ACCOUNTS....................................................7 APPROVAL OF MINUTES December 12, 2005 ....................................1 APPROVAL OF MINUTES December 19, 2005 ....................................1 APPROVAL OF WARRANTS & ADJOURN.......................................8 CLASS B ROAD MILEAGE UPDATE ............................................3 COMMISSION REORGANIZATION .............................................1 ELECTED OFFICIALS REPORTS ...............................................2 FEDERAL FUNDING REQUEST ................................................7 INTERLOCAL AGREEMENT WITH PAROWAN CITY . 2 KANARRAVILLE TITLE V RIGHT OF WAY APPLICATION . 3 ORDINANCE 211 SEWER LINE INSTALLATION REIMBURSEMENT . 3 PERSONNEL MATTERS ......................................................2 PETITION FOR ANNEXATION NOTICE .........................................7 PLEDGE OF ALLEGIANCE ....................................................1 PRAIRIE DOG MATTERS......................................................7 PUBLIC HEARING MONARCH MEADOWS PHASE 2 . 2 PLEDGE OF ALLEGIANCE : Those assembled were led in the pledge of allegiance by David Yardley. COMMISSION REORGANIZATION : Wayne Smith made a motion to appoint Gene Roundy as the Commission Chair for 2006. Second by Dennis Stowell. Voting: Gene Roundy, Aye; Dennis Stowell, Aye; Wayne Smith, Aye. Commission assignments were reviewed and LEPC Liaison was changed from Wayne Smith to Gene Roundy. APPROVAL OF MINUTES December 12, 2005 : Minutes of the Iron County Commission meeting held December 12, 2005 were approved as amended on a motion by Wayne Smith. Second was by Dennis Stowell. Voting: Gene Roundy, Aye; Dennis Stowell, Aye; Wayne Smith, Aye. APPROVAL OF MINUTES December 19, 2005 : Minutes of the Iron County Commission meeting held December 19, 2005 were approved as amended on a motion by Wayne Smith. Second was by Dennis Stowell. Voting: Gene Roundy, Aye; Dennis Stowell, Aye; Wayne Smith, Aye. 1 January 9, 2006 ELECTED OFFICIALS REPORTS : Wayne Smith reported that the State is dragging their feet on a plan to upgrade Justice Court software. The County has selected Incode to provide software which will interface all agencies accessing the Justice Court data base. Dennis Stowell reported that the has received a letter from Matt Wood regarding a tax sale property in which the legal description included a notation that water rights were involved. The tax sale notice has the following disclaimer: It is the responsibility of the bidder to determine the physical aspects of the land, its geographical location, accessibility and availability or validity of water rights. The Commission affirmed their previous action to certify results of the tax sale. Dennis also discussed the sale of the Iron County portion of the Sharwan Smith Center to Southern Utah University. Representative LaVar Christensen has indicated that with a budget surplus, this may be a time when the Legislature will approve the purchase. Gene Roundy presented the Commission with a copy of the Annual Independent Audit Report for Southwest Mental Health. He reviewed the management letter and requested that the Commission review the report and ask any questions concerning the operation of the Southwest Center. PERSONNEL MATTERS : Colette Eppley presented for approval a transfer from the Justice Court to the Sheriff’s Office of a full time Sheriff Secretary, Hilaree H. Nelson. Wayne Smith made a motion to approve Hilaree Nelson as a full time Sheriff Secretary. Second by Dennis Stowell. Voting: Gene Roundy, Aye; Dennis Stowell, Aye; Wayne Smith, Aye. Colette also presented for approval job descriptions for a Parks and Recreation and Emergency Management Supervisor and a Weed and Signing Specialist road worker. Wayne Smith made a motion to approve the job description for a Parks and Recreation and Emergency Management Supervisor and authorized an advertisement of the open position. Second by Dennis Stowell. Voting: Gene Roundy, Aye; Dennis Stowell, Aye; Wayne Smith, Aye. Dennis Stowell requested that the Weed and Signing Specialist job description be reviewed by Chad Reid and Neil Forsyth prior to approval. The matter was tabled until next meeting. INTERLOCAL AGREEMENT WITH PAROWAN CITY : An interlocal agreement with Parowan City regarding the sharing of resources and court space in the Iron County Courthouse was reviewed and approved on a motion by Dennis Stowell. Second by Wayne Smith. Voting: Gene Roundy, Aye; Dennis Stowell, Aye; Wayne Smith, Aye. PUBLIC HEARING MONARCH MEADOWS PHASE 2 PRELIMINARY PLAT APPROVAL : Wayne Smith made a motion to open a public hearing to receive comments regarding Monarch Meadows Subdivision Phase 2. Second by Dennis Stowell. Voting: Gene Roundy, Aye; Dennis Stowell, Aye; Wayne Smith, Aye. 2 January 9, 2006 Chad Nay commented that Phase 2 is a continuation of Phase . The Planning Commission has recommended approval of the preliminary plat. Justin Wayment explained the scope of the project including open space development and water utilization. The project is proposed to be surrounded by a cinder block fence and each individual lot will be fenced. After all comments were received, Dennis Stowell made a motion to close the public hearing and approve the preliminary plat of Monarch Meadows, Unit 2. Second by Wayne Smith. Voting: Gene Roundy, Aye; Dennis Stowell, Aye; Wayne Smith, Aye. KANARRAVILLE TITLE V RIGHT OF WAY APPLICATION : Steve Platt, County Engineer, presented a proposed FLIPMA right of way across BLM property South of Kanarraville to the mouth of Spring Creek Canyon. The proposed Right of Way would terminate in a parking lot at the mouth of Spring Creek. The Commission contacted Ervin Larsen, BLM Right of Way Specialist, requesting clarification of the proposed FLIPMA Right of Way. Because of the proximity to a Wilderness Study Area and attempts by the County to acquire a right of way to SITLA lands within Spring Creek Canyon, the Commission requested that the proposed parking lot be deleted from the right of way at this time and that the right of way continue to connect to Checkshani Cliffs Subdivision. Mr. Larsen stated that the BLM is not opposed to this amendment, however the extension of the right of way will need to be surveyed. Dennis Stowell made a motion to approve the County Engineer to contract the survey of the extension of the right of way to Checkshani Cliffs and to proceed with the FLIPMA right of way with a reservation of right to the area under RS 2477. Second by Wayne Smith. Voting: Gene Roundy, Aye; Dennis Stowell, Aye; Wayne Smith, Aye. CLASS B ROAD MILEAGE UPDATE : Steve Platt reported to the Commission that road maintenance agreements for roads maintained by the County within Municipal boundaries need to be updated and that a new calculation of road mileage needs to be compiled. A review of roads annexed and additional roads accepted within County Subdivision will be conducted an adjustments made. This mileage calculation will be used by the State in calculating Class B road funding to the County. ORDINANCE 211 SEWER LINE INSTALLATION REIMBURSEMENT : Glenn Halterman introduced Ordinance 211 as follows: Wayne Smith made a motion to adopt Ordinance 211 and to authorize the publication as required. Second by Dennis Stowell. IRON COUNTY, UTAH ORDINANCE 211 AN ORDINANCE OF THE BOARD OF IRON COUNTY COMMISSIONERS, PROVIDING FOR THE OPPORTUNITY FOR THE REIMBURSEMENT OF COSTS TO DEVELOPERS FOR THE CONSTRUCTION OF SEWER INFRASTRUCTURE IMPROVEMENTS; SETTING PROVISIONS FOR FEE COLLECTION; AND PROVIDING FOR AN EFFECTIVE DATE. 3 January 9, 2006 WHEREAS, the Board of County Commissioners has determined it necessary to establish guidelines and provisions for the opportunity for the reimbursement of costs to developers for the construction of sewer system improvements outside of established subdivisions of Iron County; and WHEREAS, the Board of County Commissioners has determined that it is fair and equitable to allow such reimbursement to developers; and WHEREAS, the Board of County Commissioners has determined that it is in the best interest of the public health, safety, and welfare of Iron County that this Ordinance be adopted and incorporated into the Iron County Code. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF IRON COUNTY, UTAH AS FOLLOWS: SECTION 1. The document “Sewer Facilities Construction Costs Reimbursement Guidelines and Provisions” attached hereto is hereby adopted and made a part of the Iron County Code, with necessary formatting, grammatical and spelling revisions as required, and be identified as Chapter 13.13 of the Iron County Code. 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. REPEAL OF CONFLICTING ORDINANCES To the extent that any ordinances, resolutions or policies of Iron County conflict
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