Minutes of the Iron County Commission Meeting held March 25, 1996, in Commission Chambers at the Iron County Courthouse, Parowan, Utah.

Officers in attendance included:

Robert L. Gardner Commission Chairman

Roy P. Urie Commissioner

Thomas B. Cardon Commissioner

David I. Yardley County Clerk

Absent:

Justin Wayment Assist. County Attorney

Also Present:

Merna Mitchell County Treasurer

Dixie Matheson County Recorder

Dennis Ayers County Assessor

Dennis Lowder County Auditor

Ira Schoppmann County Sheriff

Doug Wilson Data Coordinator

SYNOPSIS: :

Prairie Dog Habitat - Steve Flinders

Cross Hollow Hills SID

Zone Change - LaMar Matheson

- Randall Farms

Dixie National Forest

Mammoth Creek Road

Bark Beetles

Andelex Opposition - Betsy Gordon

District Court - ADA Requirements

Grievance

Conditional Use Permit- Bob Jackson

Personnel Study Group

Tax Matter - Joanne Hurley

- Dennis Ayers

3 Peaks Recreation Area

Ordinance 138

Ordinance 139

Noxious weeds

MINUTES :

Minutes of the Iron County Commission Meeting held March 11, 1996, were approved as amended on a motion by Roy Urie, second by Tom Cardon with Robert Gardner voting in favor.

ELECTED OFFICIALS REPORTS :

Dennis Ayers reported that they are finishing the 1996 assessment roll. Preliminary figures show that the total assessed value for the County is 1.1 billion for 1996.

Dennis also reported that Renee Kennedy had completed the first course in her appraisal training. She will continue course work as schooling is available.

Merna Mitchell reported that she is still finalizing 1995 reports which should be completed within the next two weeks.

Dixie Matheson reported that filing activity in her office continues to be heavy. She reported that last week, a book of one thousand pages was filed in five days. Most of this appears to be in property transfers and time share sales.

Doug Wilson reported that the Sheriff's computer was up and running and after working out a few problems, it seems to be much faster than the old system.

Ira Schoppmann reported that the Iron-Beaver-Garfield County drug task force was getting ready to make another drug sweep in the County. They felt that they had sufficient evidence to charge at least 14 individual with drug trafficking in the County.

PRAIRIE DOG HABITAT CONSERVATION PLAN:

The Commission reported that Steve Flinders had been hired to do the work on the habitat conservation plan for prairie dogs as a county employee. He is an independent biologist and he is planning on having the work completed this summer.

KIMBALL YOUNG :

Kimball Young came before the Commission to discuss bonding for Cross Hollow Hills Special Improvement District. The preliminary paperwork has been sent to the bonding attorney, Blaine Carlton, for review.

Kimball also discussed their desire to handle the financing for the One Stop Visitors Center. He suggested applying for Community Impact funds, either a loan or a grant to help with part of the costs. Mr. Young will meet with Commissioner Cardon on Wednesday the 27th to discuss possible funding options for the visitor's center.

ZONE CHANGE - LAMAR MATHESON :

A request for a zone change from R-5 to R-1 and a minor lot subdivision consisting of four lots was approved upon the recommendation of the Planning and Zoning Commission was approved on a motion by Tom Cardon, second by Roy Urie with Robert Gardner voting in favor.

Beginning at a point which is South 80*48'24" East along the Section line 439.84 feet and North 00*04'28" East 35.99 feet for the South 1/4 corner of section 10, Township 35 South, Range 11 West, Salt Lake Base and Meridian, (Said point being on the North right of way fence of Midvalley Road) and running thence South 89*52'16" along said fence 381.99 feet; thence North 00*39'24" East 506.27 feet; thence North 89*48'24" West 474.62 feet; thence South 00*41'28" West 259.17 feet; thence South 89*48'32" East 90.28 feet; thence South 0*04'28" West 247.52 feet to the point of beginning. Containing 5.00 acres more or less.

The road within the minor lot subdivision was allowed to remain a private street.

ZONE CHANGE - Randall Farms :

Alma Holt, representing Randall Farms, came before the Commission to request a zone change from A-20 to A C-3. It is their intention to construct a potato processing plant on the property. There is currently a hay cubing operation located on the front ten acres of this property. The Planning Commission has recommended approval of the zone change. Tom Cardon made a motion to approve the zone change as presented from A-20 to A C-3. Second was by Roy Urie with Robert Gardner voting in favor.

South of Lot 1 in the Southeast 1/4 of Section 32, Township 36 South Range 16 West, Salt Lake Base and Meridian. Containing 20 acres more or less.

DIXIE NATIONAL FOREST :

Ron Wilson came before the Commission to report on activities within the Dixie National Forest. Mr. Wilson reported that the livestock permits had gone through the NEPA process and all of the permits except one had been reissued. This one permit was withdrawn on an allotment in the Boulder area. Four allotments have also had numbers adjusted.

Mr. Wilson also reported that the scoping process had ended on a proposal to expand Brian Head Ski Resort. He said that they expect a decision by May 1st.

MAMMOTH CREEK ROAD :

Mr. Wilson reported that the Forest Service had issued a contract for aggregate to widen and improve the Mammoth Creek road from SR-14 to Mammoth Creek. They expect to issue a contract to oil that section of road this summer. Over the next three years, the Mammoth Creek road between SR-14 and SR-143 is expected to be improved and oiled to make it an all season road. Future maintenance will be performed by Garfield and Kane Counties.

Mr. Wilson reported that the Navajo Lake road will be treated again this summer with calcium chloride to keep the dust down. Because of severe road damage in 1995, the chip seal was removed and the road was returned to gravel. The road will continue be maintained as a gravel road.

BARK BEETLES :

Mr. Wilson reported that because of delays with treatment of the bark beetle infestation in the spruce belt near Brian Head, Sidney Valley and Cedar Breaks that it is expected that the beetles will fly and spread again this year causing more damage. The Midway Face timber sale has been completed and the timber was sold to Louisiana Pacific. It is their plan to transport the logs to Montana to be processed.

BETSY GORDON :

Betsy Gordon came before the Commission and read a statement in opposition to Andalex. Ms. Gordon stated that her residence was located in the Cove area of Cedar City and she feared for the safety of her children as they traveled back and forth to North Elementary. She also was concerned with the number of trucks that would be using SR-56 in connection with the Andalex project.

The Commission explained to Ms. Gordon that SR-56 is a state road and the County has no control over vehicles using public roads. They also explained to her that the Andalex project was still in the permitting process and that the County has taken a position not to oppose the development of the Smoky Hollow mine which would be located in Kane County. The route used by the trucks is an issue that will be addressed in the environmental studies done in their permitting process.

DISTRICT COURT :

Jim Nelson, representing the 5th District Court, came before the Commission to discuss the possibility of the State funding projects to help bring the courthouse into complete ADA compliance. He presented a proposal for the State to reimburse the County up to $7,000.00 for ADA projects. The Commission will discuss with the Court Administrator's Office what procedure to follow to receive the reimbursement and to determine if funds could be requisitioned on the entire project or if it would be based on the completion of individual items.

PERSONNEL GRIEVANCE :

Hank Armbruster, along with Joe Armbruster, William Bradfield and Eric D. Anderson came before the Commission to discuss why they feel that they have been discriminated against in the wage study that was conducted in 1995 and in the procedure that was followed as the new personnel classification system was implemented.

The Commission explained again the reason they had adopted the plan in a tiered system and that the recommendations had been implemented to benefit employees to the extent that funds were available. As funds are available in the next two years, further adjustments will be made to bring employee wages closer to the full recommendation of the wage study.

Mr. Armbruster told the Commission that from their studies, their grievance could be addressed with an additional $14,000.00 and that would place all officers on the step they feel is correct. The Commission requested Mr. Armbruster to submit his figures to Dennis Lowder for review. No action was taken on the grievance at this time.

BOB JACKSON - CONDITIONAL USE PERMIT:

Mr. Jackson came before the Commission to request approval of a use permit to build a Teflon recycling facility in an M-2 zone. The planning commission has recommended approval. Mr. Jackson is proposing to build a facility to recycle used Teflon. There is no waste or residue from the process and no toxic chemicals are involved. The business is to be located in an existing M-2 zone and so does not require additional zone change. The Building Inspector was authorized to issue a building permit for the facility provided that the plans and specification meet current building codes and zoning requirements. Mr. Jackson was also referred to the Clerks office to get an application for a business license.

PERSONNEL :

Claire Dalton came before the Commission to request input regarding a proposal to participate with other counties in a county employee wage survey group. The cost to participate would be approximately $150.00 for one year. After reviewing the request, Roy Urie made a motion to approve the expenditure of $150.00 to participate in the study, second was by Tom Cardon with Robert Gardner voting in favor.

TAX MATTER :

Joanne Hurley requested that the County allow her additional time to pay delinquent taxes. Her property is located west of Cedar City in an A-20 zone and has no improvements. There is approximately $1,500.00 in delinquent taxes now owing and the property is scheduled for tax sale this May.

After reviewing her request, the Commission found: 1. There is no evidence to show that an error had occurred in the taxing process. 2. Tax notices have been mailed to the address of record for the past five years. 3. Failure of a property owner to pay taxes does not allow for an extension of time without showing compelling evidence that a hardship existed. 4. The County is not a lending institution and does not extend credit to taxpayers. The Commission then denied her request for an extension of time to bring her taxes current.

THREE PEAKS RECREATION AREA :

Bob Edwards, representing the BLM, has been in contact with the County Commission to request that the County Sheriff's Department patrol the Three Peaks Recreation Area and also to install signs prohibiting shooting within mile of the recreation area.

When the property was transferred from BLM to the County, the agreement stated that the County would place signs designating this as a no shooting area. The Sheriff is to be contacted and requested to increase patrols in the area and signs are to be ordered and installed as specified in the original agreement.

ORDINANCE 138 :

A motion to adopt ordinance 138 was made by Tom Cardon, seconded by Roy Urie with Robert Gardner voting in favor.

AN ORDINANCE SETTING FORTH UNIFORM REQUIREMENTS FOR USERS OF THE PUBLICLY OWNED TREATMENT WORKS (POTW) FOR THE CEDAR CITY WATER RECLAMATION FACILITY (CCWRF) OF CEDAR CITY UTAH AND ENABLES THE CCWRF TO COMPLY WITH ALL APPLICABLE STATE AND FEDERAL LAWS INCLUDING THE CLEAN WATER ACT (33 U.S.C. 1251 et. Seq.), THE GENERAL PRETREATMENT REGULATIONS FOUND IN THE U.S. CODE OF FEDERAL REGULATIONS (CFR) 40 CFR PART 403, AND THE UTAH ADMINISTRATIVE CODE R317-8-8.

BE IT ORDAINED by the Iron County Commission that the following ordinance setting forth uniform requirements for users of the publicly owned treatment works (POTW) for the Cedar City Water Reclamation Facility (CCWRF) of Cedar City, Utah and enables the CCWRF to comply with all applicable state and federal laws including the clean water act (33U.S.C. 1251 et. seq.) The general pretreatment regulations found in the U.S. Code of Federal Regulations (CFR) 40 CFR part 403, and the Utah Administrative Code R318-8-8 was adopted by the Iron County Commission on March 25, 1996.

This Ordinance becomes effective March 25, 1996.

/s/ Robert L. Gardner

Robert L. Gardner

Commission Chairman

Attest:

/s/ David I. Yardley

David I. Yardley

Iron County Clerk

Voting:

Robert L. Gardner Aye

Roy P. Urie Aye

Thomas B. Cardon Aye

ORDINANCE 139 :

Ordinance 139 was approved on a motion by Tom Cardon , second by Roy Urie with Robert Gardner voting in favor.

AN ORDINANCE AMENDING THE IRON COUNTY LAND MANAGEMENT CODE SUBDIVISION ORDINANCE SECTION 602 AND 604 TO PROVIDE PROCEDURES TO CERTIFY THAT PRIOR TAXES HAVE BEEN PAID, AND TO PROVIDE AN EFFECTIVE DATE.

IT IS HEREBY ORDAINED that the following amendment to the Iron County Land Management Code is hereby approved:

Subdivision Ordinance Section 602 subsection b. added as follows:

Section 602 b. A signed document from the Iron County Treasurer indicating that all taxes, interest, and penalties owing on the proposed subdivision have been paid.

Subdivision Ordinance Section 604 subsection 5 h. added as follows:

Section 604 5 h. All final plats shall be signed by the Iron County Treasurer indicating that all taxes, interest, and penalties owing on the proposed subdivision have been paid prior to submission to the Iron County Commission for final approval.

This Ordinance shall take effect immediately upon publication one time in a newspaper of general circulation in Iron County, Utah.

Approved and adopted this 25th day of March, 1996 by the board of Iron County Commissioners in regular session assembled in and at their regular place of meeting.

/S/ Robert L. Gardner Robert L Gardner, Chairman

attest:

/s/ David I. Yardley

David I. Yardley, Clerk

Voting:

Robert L. Gardner Aye

Roy P. Urie Aye

Thomas B. Cardon Aye

NOXIOUS WEED - WESTERN WHORLED MILKWEED :

Roy Urie made a motion to designate the Western Whorled Milkweed (Asclepias subverticillata (Gray) Vail) as a noxious weed within the boundaries of Iron County. Seconded by Tom Cardon with Robert Gardner voting in favor. This weed has been located and identified in the Kanarraville area.

TAX MATTER :

Dennis Ayers reported that an error occurred in the 1994 tax year on property Serial Number D-0585. The property is a ten acre parcel and was taxed as a thirteen acre parcel. The building on the property was also assessed improperly by not recognizing it as a primary residence. The error in assessment would result in difference of $216.13. Commissioner Urie made a motion to correct the value and taxes for 1994. Second was by Commissioner Cardon with Commissioner Gardner voting in favor.

After the bills were reviewed and either approved or rejected, the meeting was adjourned.

APPROVED:___________________________

ATTEST:________________________