IRON COUNTY COMMISSION MEETING

APRIL 22, 1996

Minutes of the Iron County Commission Meeting held April 22, 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

Justin Wayment Assist. County Attorney

Also Present:

Dennis Ayers County Assessor

Dennis Lowder County Auditor

Merna Mitchell County Treasurer

Dixie Matheson County Recorder

Doug Wilson Data Processing Coordinator

Lorin V. Jones Senate Candidate District #28

Steven Heath Commissioner Candidate

SYNOPSIS :

AMBULANCE GARAGE 3

1996 FAIR CHAIRMAN 3

ARCHITECT - ONE STOP VISITORS CENTER 4

BOARD APPOINTMENT-WASTEWATER BOARD 2

Kevin Kershaw 2

Tom Cardon 2

CHARITABLE, RELIGIOUS & EDUCATIONAL EXEMPTIONS 4

COUNCIL ON AGING 4

Richard Korn 4

ELECTED OFFICIALS REPORTS 2

Internet 2

Personal property billings 2

Poll conducted by Dan Jones 2

Printer maintenance contract 2

FOREST SERVICE- BARK BEETLE LETTER 3

JUSTICE COURT COMPUTER UPGRADE 3

MINUTES 2

PERSONNEL 4

Ronald Decker 4

PERSONNEL ADVISORY BOARD 2

Alan Stones 2

Willard Wood 2

PLAT APPROVAL

Mountain Valley Ranches Subdivision 2

PRAIRIE DOG 4

SMEAD PAPER COMPANY 3

TRAIL MARKERS 3

UNIVERSITY OF UTAH SCHOOL ON DRUGS & ALCOHOL 4

Duane Lamoreaux 4

Edward Del Toro 4

Kimball Weaver 4

Sheriff's office 4

WESTERN IRON COUNTY DAYS 3

MINUTES :

Minutes of the Iron County Commission Meeting held April 8, 1996, were approved as amended on a motion by Tom Cardon, second by Roy Urie with Robert Gardner voting in favor.

ELECTED OFFICIALS REPORTS :

Dixie Matheson reported on the Utah Association of Counties meeting held April 4 & 5 in which a poll conducted by Dan Jones & Associates was discussed. Their survey showed that most people do not know what services counties provide and the panel participants could not name most of the elected officials in their respective counties. It was the consensus of UAC participants that counties need to do a better job of informing the population on the service the counties provided.

She also reported that as the elected County Surveyor, that it was her opinion that

Steve Platt, the appointed Surveyor, and Ivan Spencer, GIS coordinator, should attend the County Surveyor meetings at the Utah Association of Counties.

Dixie discussed the printer maintenance contract on the Hewlett Packard printer used in her office. The cost has increased $300 per year, from $500.00 to $800.00. She explained that this was something that she had not included in her budget. Because of the size of the printer and the distance for a service call, she felt that she could not operate without some protection in case the printer malfunctioned. Service calls typically cost $65.00 per hour plus parts and repair personnel are located in Salt Lake City.

Merna Mitchell said that her final report PC750 has been forwarded to the State for 1995.

Dennis Ayers reported that he was mailing personal property billings this week. He has adjusted values on mobile homes to reflect their current resale value. He explained to the Commission that the owners have the right to a hearing before the Board of Equalization within 30 days if they disagree with the value.

Dennis also reported that he attended a hearing before the State Tax Commission on assessing cable TV companies as a centrally assessed property. The Cable companies believe they should stay as locally assessed properties because their service does not cross county or state lines except in one or two instances. The Tax Commission has not made a ruling at this time.

Dennis Lowder reported that the Advocate newspaper was no longer operating. This will mean an increase in advertising costs because of the higher rates charged by the Spectrum.

Doug Wilson reported that the County was now linked by computer into the State system which will allow access to State information and resources. The County will also have access to the Internet through the State link.

PERSONNEL ADVISORY BOARD :

Roy Urie made a motion to appoint Justin Wayment to replace Alan Stones as the Commission Appointee on the Personnel Advisory Board and to approve Willard Wood as the employee elected position on the board. Second was by Tom Cardon with Robert Gardner voting in favor. Each will serve a three-year term.

PLAT APPROVAL :

Doug Grimshaw and Dirk VanAmen came before the Commission to request the approval of the final plat of Mountain Valley Ranches Subdivision. Tom Cardon questioned the adequacy of the water system and the requirement to be listed as a public water system on the proposed subdivision. Mr. VanAmen explained that two separate systems would be installed. Each servicing seven lots. Mr. Cardon told Mr. VanAmen that as soon as 24 people occupied the subdivision for more than 60 days per year, that the water system would be required to be certified as a public water system. After reviewing questions and concerns about the subdivision, Tom Cardon made a motion to approve the final plat of the Mountain Valley Ranches Subdivision subject to review and approval by the County Attorney and to authorize Commissioner Gardner to sign the final plat. Second was by Roy Urie with Robert Gardner voting in favor.

BOARD APPOINTMENT-WASTEWATER BOARD:

Commissioner Cardon reported that the County would have the option of appointing two people to the Wastewater Treatment Board. Roy Urie made a motion to appoint Tom Cardon and Kevin Kershaw as County representatives to the Wastewater Treatment Board. Second was by Tom Cardon with Robert Gardner voting in favor.

1996 FAIR CHAIRMAN :

Commissioner Cardon reported that he had discussed the fair chairman position with Art Walunas. Mr. Cardon made a motion to appoint Art Walunas as the 1996 Fair Chairman. Second was by Roy Urie with Robert Gardner voting in favor.

TRAIL MARKERS :

A request has been received from the Bureau of Land Management Requesting the County to fund an information sign at the "C" on Cedar Mountain. Three signs will be installed explaining the trail system and historical significance of the site. The request is that the County fund one sign for $750.00. Roy Urie made a motion to fund one sign from the transient room tax funds. Second was Tom Cardon with Robert Gardner voting in favor.

FOREST SERVICE- BARK BEETLE LETTER :

The Commission requested that David Yardley write a letter to the Forest Service in behalf of the County expressing support of the Blue Springs and Reeds Valley timber recovery plan drafted by the Forest Service.

SMEAD PAPER COMPANY :

An agreement between Iron County, Cedar City and Smead Paper Company which outlines Iron County plans to proceed with a habitat conversation plan (HCP) for the Prairie Dog was discussed. After concerns were raised because Commissioner Gardner had not reviewed the agreement, the matter was tabled to allow Commissioner Gardner time to review the proposed agreement.

Later in the day, Commission meeting reconvened in Cedar City with Cedar City Mayor and City Manager present along with Tom Higbee, the local attorney representing Smead Paper Company, with the HCP agreement as the item of discussion. After negotiations, Tom Cardon made a motion to approve the agreement as discussed. Second was by Roy Urie with Robert Gardner voting in favor. The agreement explains that if the habitat plan is not completed within 2-1/4 years, Cedar City and Iron County will each place $25,000.00 into an escrow account designated toward this habitat conservation plan. The money is to stay in the account for up to five additional years or until a HCP is adopted. In the event that a HCP is not adopted and Smead feels that they have been damaged because of Iron County's negligence in attempting to get a HCP approved, they may sue the County for a maximum of $50,000 total damages.

WESTERN IRON COUNTY DAYS :

Donna Brown, representing the Iron County Centennial Committee, came before the Commission to discuss plans for Western Iron County Days which is scheduled for June 21 and 22 at Modena. Events will include a Mountain Man Rendezvous, games and other activities. Ms. Brown asked if a hold harmless clause could be drafted which could be given to the property owners which are allowing their property to be used for the activities. Donna also asked that the County furnish $200.00 to rent canopies and to allow the use of road equipment to prepare the site. She also requested the use of several large garbage cans on the days of the activities.

The Commission agreed to furnish $200.00 from the transient room tax fund for the rent of canopies. Commissioner Gardner and Neil Forsyth will review the request for the road equipment. Enoch City will be contacted to see if garbage cans are available for the time requested. Justin Wayment will draft the hold harmless agreement.

JUSTICE COURT COMPUTER UPGRADE :

Doug Wilson and Raida Baker came before the Commission to report on their finding on the upgrade on the court system computers. Doug explained that the cost to upgrade would be approximately $16,900.00 in 1996 and $7,800.00 in 1997. After 1997 costs would be $2,400.00 per year for software maintenance. Total startup costs would be $24,300.00 to be spread over 1996-97. After review of the problem with the present computer system, Roy Urie made a motion to approve upgrading the computer system and the purchase of the Caselle software for the two justice

AMBULANCE GARAGE :

Gary Zabreski came to the courts. Second was by Tom Cardon with Robert Gardner voting in favor.

Commission to discuss the bids and options available after review. He explained that the bonds were in place and that the low bid of $2 from Carlin Corp. seemed to be the most advantageous to the County. After his review and report, Roy Urie made a motion to approved entering into a contract with Carlin Corp. from LaVerkin, Utah. The documents are to be signed at the preconstruction conference. Second was by Tom Cardon with Robert Gardner voting in favor. The contractor is ready to start construction immediately upon final signatures on the contract.

CHARITABLE, RELIGIOUS & EDUCATIONAL EXEMPTIONS:

Claire Dalton reported on the charitable, religious & educational exemptions as presented in the previous Commission meeting. Several of the new applications were reviewed to make certain they qualified under State law. After reviewing the applications, it was determined that they met the legal requirements to be listed as charitable institutions. Roy Urie made a motion to approve the list for charitable, religious and educational exemptions as presented. Second was by Tom Cardon with Robert Gardner voting in favor. A copy of the exemptions is attached as an exhibit.

PERSONNEL - EXECUTIVE SESSION :

A motion to convene in an executive session was made by Roy Urie, second by Tom Cardon with Robert Gardner voting in favor.

After reconvening in open session, Roy Urie made a motion to authorize extended sick leave and to allow County employees to donate vacation hours to Ronald Decker. Second was by Tom Cardon with Robert Gardner voting in favor.

Justin Wayment and David Yardley were authorized to write a letter to the correction officers stating that the County has received their proposal to address their grievance. The letter was to explain that additional time would be required in order to review their request and to determine all of the costs involved in implementing their plan.

PRAIRIE DOG :

Steve Flinders, the biologist hired by Iron County to draft a habitat conversation plan for the Utah Prairie Dog, came before the Commission to discuss progress with his work. There is a public meeting scheduled for 7:30 P.M. at the Cross Hollow Intermediate School in Cedar City on May 2, 1996.

The format for the meeting and the participating entities was outlined. The purpose of the meeting is to inform the public on the steps necessary to implement a habitat plan. The public will be invited and encouraged to make comments. There will also be four breakout areas with different agencies explaining different aspects of the process. Commissioner Gardner will represent the County as a spokesman.

UNIVERSITY OF UTAH SCHOOL ON DRUGS & ALCOHOL:

The request for scholarships to the University of Utah School on Drugs & Alcohol were reviewed. The following people were approved as sponsored from Iron County for the 1996 School: Kimball Weaver, Edward Del Toro, Duane Lamoreaux along with one person from the Sheriff's office.

Tom Cardon made a motion to approve the scholarships. Second was by Roy Urie with Robert Gardner voting in favor.

ARCHITECT - ONE STOP VISITORS CENTER:

Tom Cardon made a motion to approve three companies for the short list to be considered as architect for the one stop visitor's center. They included: Cooper Roberts Architects from Salt Lake; PJHM Architects from Cedar City and Gardner Partnership of Cedar City. David Yardley was asked to send a notification and request that the three listed architects be invited to make a presentation on April 29th, 1996, in Cedar City at the Extension Service Office.

COUNCIL ON AGING :

The hiring of Richard Korn in the Cedar City Senior Citizen Center was approved as a van driver on a motion by Roy Urie, second by Tom Cardon with Robert Gardner voting in favor.

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

APPROVED:______________________________

ATTEST:_________________________________