Emery County in final stages of bankruptcy agreement with CW Mining

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The Emery County Commission are in the final stages of an agreement between the County and CW Mining after the company filed for chapter 7 bankruptcy in 2010.

The secondary support company, CW Mining in Huntington, first became delinquent on county taxes in 2008 and 2009. In 2008 the company was unable to pay $44,000,000 in taxes, and in ’09, $43,000,000.

“We have been in negotiations for more than a year,” said Emery County Attorney David Blackwell. “ We are dealing with both the tax commission and bankruptcy court.”

After a tax assessment, the two parties have come to an agreement that will be taken to the Utah Tax Commission, and then passed over for approval to the bankruptcy Court.

In the proposed agreement, CW Mining will pay $44,000,000 for ’08, $21,000,000 for ’09, and $15,000,000 for ’10.

“We have spent a significant amount of time on this subject,” Commissioner J.R. Nelson said.

“What would be the ramifications with this significant decrease on the residents of Emery County,” asked Commissioner Ethan Migliori.

70-75% of the funds will be the responsibility of the centrally assessed company decided by the judgment levy; the remainder will fall to Emery County.

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Other notes from Tuesday’s meeting:

1. Bret Mills, Emery County Sheriff’s Office incident communications coordinator, was named as the Emery County Employee of the Month. Mills has worked for the County since 1986.

“He has never turned down a challenge,” said Commissioner Migliori.

2. A deferral of tax sale was approved for the Green River KOA campground. After five years of delinquent taxes 15 properties will be subject to tax sale if the balance is not brought current by March 15.

3. “ I am requesting the deferral of the KOA Campground sale because the owner has made every effort to pay,” said Emery County Treasurer Steven Barton. “ He has agreed to pay what is owed by November 30.”

4. The Commission agreed to send a letter of support for SB 277, supporting energy in Green River. Commissioner Nelson clarified the letter will only state that the County supports all energy development and production in the area.

“I don’t believe this will have much of a change on how energy is developed. It is simply a letter saying we support the development.”

Nelson believes the letter, drafted by EC Public Lands Director Ray Peterson, has protected county interests well, including grazing and recreation rights.

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5. Liz Nielson was appointed to the Emery County Housing Authority Board.

6. Jonathan Hunt was appointed to the Emery County Travel Board.

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