Minutes of the Iron County Commission Meeting held September 23, 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:
Dixie Matheson County Recorder
Dennis Lowder County Auditor
Dennis Ayers County Assessor
Merna Mitchell County Treasurer
Ira Schoppmann County Sheriff
Doug Wilson Data Processing Coordinator
Chad Nay Building Inspector
SYNOPSIS :
BOARD OF EQUALIZATION MATTER 10
BOE MATTERS 12
CAPITOL IMPROVEMENT LIST 12
CDBG GRANTS - 1997-98 FY 12
COUNTY BOARD APPOINTMENTS 11
Council on Aging Board 11
Human Resources Board 11
COX PROPERTY 11
DIXIE-ESCALANTE REA FRANCHISE 6
ORDINANCE NO. 144 6
ELECTED OFFICIALS REPORTS 2, 4
Chad Nay 3
Dennis Ayers 3
Dennis Lowder 2
Dixie Matheson 2
Doug Wilson 3
Ira Schoppmann 3
Merna Mitchell 3
GARRYVILLE TOWNSITE - VACATION 4
ORDINANCE 147 4
IRON COUNTY ORDINANCE 147 4
LANDFILL 12
MINUTES 2
ORDINANCE NO. 144 6
ORDINANCE NO. 145 8
PAROWAN JUSTICE COURT 11
SOUTH CENTRAL UTAH TELEPHONE ASSOCIATION FRANCHISE 8
ORDINANCE NO. 145 8
STEVE HEATH 10
MINUTES :
Minutes of the meeting held September 9, 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 Lowder discussed an interlocal agreement with Enoch City regarding solid waste collection in the County. This agreement has been referred to Justin Wayment for his review and should be approved for signatures in the near future.
Dennis Lowder also discussed the implementation of the 1995 wage study. Because of concerns with budget impacts, the matter is to be placed on the next commission agenda for discussion.
Dixie Matheson reported that she had attended the National Association of County Recorders and Clerks (NACRC) convention and she said that from reports that were given that electronic filing of documents is becoming an option that is going to be considered in the near future. When electronic filing is implemented, the Recorder's office will be required to have a system capable of operating electronic filing. Dixie reported that PSMI was working on an optical disk filing system that would work with current county computer programs. Dixie will present an item in her budget for consideration.
Merna Mitchell said she would like to have the ability to scan and store the tax roll onto either a microfilm or disc system to help cut down on the storage space required for the Treasurer records. Currently these tax records are stored as paper copies. With the growth of the County, this is becoming a problem with storage space.
Merna reported that printing of the delinquent tax notice in the newspaper as required by state law will be approximately double the cost from last year. This is caused by increases in printing costs assessed by the Spectrum.
` Dennis Ayers reported that his office was working on reappraising mountain cabins. It was hoped that they would be able to complete this assessment prior to the time that snows would prohibit access to the cabin sites.
Doug Wilson reported that the County should adopt the RS-2477 road map by resolution or ordinance and file it in the Recorders Office. The Commission has approved the map by motion and has submitted a copy to the BLM for their files. The map will be reviewed to be sure that we have included all of the roads that would qualify under RS-2477 guidelines as county road rights of way.
Ira Schoppmann reported that they have had contact with several illegal aliens within the County. The Immigration and Naturalization Service has been contacted and requested to take action, they have been unwilling to come to Iron County because of the distance from Salt Lake.
Ira also reported that they have had several instances where underpasses and other structures have been sprayed with graffiti and he felt that this was a sign that gang activity was increasing in the County, however there have not been any reported gang related incidents yet. Ira also expressed concern about the number of youth in custody that are being placed in Iron County. He requested that the County Attorney research options to limit the number of youth being placed within the County.
Chad Nay discussed the problem that has been occurring in Enoch with open trenches not being shored up while people were working in them. This problem is especially evident as people are hooking up to the sewer system. Two weeks ago, a young man was buried and died from a trench cave-in and the next day a person was buried up to his neck and could have become a fatality. This is a problem that needs to be addressed in all open trench excavations and people need to be aware of the danger. It is a requirement in all trenching done within County Road rights of way that shoring be in place prior to working in trenches.
GARRYVILLE TOWNSITE - VACATION :
Gene Butler and Wayne Holt came before the Commission to follow up on the petition to vacate a portion of the Garryville Townsite subdivision located north of State Road 56. The matter was discussed in detail and concerns were raised about access allowed to other property owners adjoining the subdivision. Mr. Holt explained to the Commission that access was not being denied because adjoining property owners have access to State Road 56 and to road right of ways on the North and West side of their property . Access to power is also not a problem because there is already power service in place on the adjacent property. After discussing the matter at length, Tom Cardon made a motion to vacate all of the portion of Garryville Townsite except Pine Street and a 33 foot road right-of-way on the north boundary of the subdivision. Second was by Roy Urie, Robert Gardner voted against the proposed vacation.
AN ORDINANCE AUTHORIZING A PORTION OF THE ORIGINAL PLAT OF GARRYVILLE TOWNSITE SUBDIVISION RECORDED NOVEMBER 12, 1946 TO BE VACATED:
The Board of County Commissioners of Iron County, State of Utah ordains as follows:
Whereas, the owners of Garryville Townsite Subdivision, a recorded subdivision in Iron County, Utah approached the Iron County Commissioners on May 13, 1996 with a request to vacate a portion of the original plat of said subdivision; and,
Whereas, Gene Butler, representing the owners of said subdivision addressed the Board of County Commissioners for Iron County, Utah requesting the vacation of a portion of said plat, and the matter having been placed on the regular agenda for the regular Iron County Commission meeting; and,
Whereas, the Iron County Commission referred the matter to the Iron County Planning Commission for their recommendation; and
Whereas, the Iron County Planning Commission recommended that the portion of Garryville Townsite Subdivision located North of State Route 56 (SR-56) be vacated and return to meets and bounds descriptions, retaining road rights of way on 5th Avenue and Pine Street; and
Whereas, the Board of County Commissioners for Iron County, Utah, found that some of the lots in said subdivision have been previously sold and that the property owners of said subdivision have been notified of the proposed area to be vacated by mail and by publication in the Spectrum Newspaper, a newspaper of general circulation within Iron County and that none of the property owners have objected to the proposed vacation of a portion of the plat; and,
Whereas, the Board of County Commissioners for Iron County, Utah, found that there are no owners of land contiguous to any street or alleys within said subdivision which would be denied access; and,
Whereas, The Board of County Commissioners for Iron County, Utah, found and were satisfied that neither the public nor any person would be materially injured by the vacation of a portion of the Garryville Townsite Subdivision, and that good cause exists for such an order; now therefore
IT IS HEREBY ORDAINED by the Board of Commissioners for Iron County, Utah, that the petition for the vacation of a portion of Garryville Townsite Subdivision recorded on November 12, 1946 and more particularly described as follows:
That portion of Garryville Townsite Subdivision located on the North side of Federal Boulevard (SR-56) not previously vacated including all of Blocks 10, 11, 16, 17, 18 and 19 including the alley ways running North/South through those blocks; Also Lots 20 through 29 Block 15 and Lots 21 through 30 Block 20. Also all of 3rd Avenue (66 feet wide); 4th Avenue (66 feet wide); That portion of Cedar Street (66 feet wide) located North of Federal Boulevard (SR 56); That portion of Pine Street (66 feet wide) located North of Federal Boulevard (SR 56) and 5th Avenue.
Retaining in the ownership of Iron County and dedicated to public use, a roadway 66 feet wide formerly known as Pine Street and renamed 100 West and 5th Avenue (33 feet wide) renamed 400 North.
Located in the Southeast 1/4, Section 32, Township 35 South, Range 16 West, Salt Lake Base and Meridian.
should be, and is hereby vacated.
IT IS FURTHER ORDERED that the Iron County Recorder should take whatever steps are necessary to place the fact of the vacation of a portion of Garryville Townsite Subdivision in Iron County, Utah, on the official records of this County.
This Ordinance shall take effect upon publication in the manner provided by §17-15-1, Utah Code Annotated 1953, as amended and all provisions shall be severable so that if any section, clause, or term is held unconstitutional or contrary to law the void character shall not effect any of the remaining portion of this ordinance.
Approved, passed and adopted this 23rd day of September, 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, Board of Iron County Commissioners
Attest:
/s/ David I. Yardley
David I. Yardley
Iron County Clerk
VOTING: AYE NAY
Roy P. Urie x _______
Thomas B. Cardon x _______
Robert L. Gardner x
DIXIE-ESCALANTE REA FRANCHISE :
LaDell Laub, assistance manager of the Dixie-Escalante REA came before the Commission to ask for approval of a franchise to continue to operate in the Beryl-Newcastle area. A copy of the proposed ordinance has been sent to their organization for review. The Commission discussed with Mr. Laub, the possibility of upgrading the electrical service to the tv translator site west of Beryl junction. Mr. Laub said he would take this matter to the Board to see what could be done and also he would submit a cost estimate for upgrading the line with used poles and wire. After discussing the proposed ordinance, Roy Urie made a motion to approve Ordinance 144 and issue a franchise to Dixie-Escalante REA for twenty-five (25) years. Second was Tom Cardon with Robert Gardner voting in favor.
AN ORDINANCE GRANTING TO DIXIE ESCALANTE RURAL ELECTRIC ASSOCIATION, IT'S SUCCESSORS AND ASSIGNS A FRANCHISE FOR AN ELECTRICAL DISTRIBUTION SYSTEM, LINES, STATION AND ACCESSORIES.
SECTION 1. ELECTRIC FRANCHISE GRANTED TO DIXIE ESCALANTE RURAL ELECTRIC ASSOCIATION (REA)
(a) Authority for Grant. Iron County, under the authority of Article I, Section 23 of the Constitution of the State of Utah and consistent with the statutes of the United States and the State of Utah there is hereby granted a non-exclusive franchise (the "Franchise") to Dixie Escalante Rural Electric Association ("Dixie Escalante REA" or "Grantee"), a corporation with it's principal office at Beryl, Utah to construct, maintain, operate, use, and furnish to the public, including but not limited to governmental, industrial, commercial, individual, and all other consumers, an electricical distribution system and all incidental or like facilities for electrical distribution within all present and future highways, streets, public places, alleys and property granted or dedicated to or by the County extending to above and below ground poles, towers, wires, conduits and power lines for the exercise of any power which Dixie Escalante REA, deems necessary as authorized by law at the present or in the future to conduct so long as they are constructed, maintained, erected or operated in such a manner as to constitute the least interference with traffic in and upon highways, streets and alleys.
(b) Any road, highway, street, or other county construction, maintenance, or repair, made at the authorization of Iron County wherein "Dixie Escalante REA's" property, including but not limited to poles, towers, wires, conduits, electric lines, or any other electrical device, interferes with or is harmed by said construction, maintenance, or repair, "Dixie Escalante REA" hereby agrees to be solely responsible for any labor, repair, or other costs incurred as a result of said County construction, maintenance, or repair. Furthermore, should Iron County require the transference, change, or removal of any owned or controlled "Dixie Escalante REA" electrical device, including but not limited to poles, towers, wires, conduits, or electrical lines, "Dixie Escalante REA" does hereby agree to immediately and forthwith transfer, change or remove said electrical device promptly, as reason dictates, but shall not, without prior Iron County Commission approval, take longer than thirty (30) days from the date of Iron County's request, to facilitate said transfer, change or removal.
(c) Franchisee shall comply with the provisions of Iron County Ordinance 105 in obtaining encroachment permits for all construction to be done in any public road right of way.
(d) Non-exclusive Character and Term of Franchise. The franchise hereby granted
shall be non-exclusive and shall be for the term of twenty-five (25) years from date hereof. At the end of that term additional terms and extensions will be negotiated upon terms and conditions deemed reasonable to both the County and the Grantee.
(e) Upon good cause showing by either County or Dixie Escalante REA, this franchise may be terminated upon ninety (90) days written notice to the non-terminating party.
SECTION 2. ORDINANCES
All facilities constructed shall be established in accordance with lawful activities with respect to telephone, telegraph or communication enterprises and Dixie Escalante REA, will comply with all ordinances of the County presently existing or as amended from time to time.
SECTION 3. NON-LIABILITY OF COUNTY FOR ACTS OF GRANTEE
The County declares that it shall not at any time ever become liable or responsible to any person, firm, corporation, entity, or individual for any damage, injury (including loss of life), or loss by reason of the activities of Dixie Escalante REA Under this Franchise; Dixie Escalante REA hereby indemnifies Iron County to hold it harmless against all such liabilities, loss, cost, damage or expense which may be incurred by the County by reason of the exercise or arising out of the implementation of this Ordinance.
SECTION 4. ACCEPTANCE
DIXIE ESCALANTE REA, by making application here fore shall be presumed to have accepted this Franchise.
SECTION 5. EFFECTIVE DATE
This Ordinance shall take effect upon publication in the manner provided by §17-15-1, Utah Code Annotated 1953, as amended and all provision shall be severable so that if any section, clause, or term is held unconstitutional or contrary to law the void character shall not affect any of the remaining portion of this Ordinance.
Approved and adopted this 23rd day of September , 1996.
/s/ Robert L. Gardner
Board of the Iron County Commission
Robert L. Gardner, Chairman
Attest:
/s/ David I. Yardley
David I. Yardley, Iron County Clerk
Voting: AYE NAY ABSTAIN
Robert L. Gardner x
Roy P. Urie x
Thomas B. Cardon x
SOUTH CENTRAL UTAH TELEPHONE ASSOCIATION FRANCHISE :
An Ordinance granting South Central Telephone Company a franchise to operate a telephone system in the Escalante Valley area was reviewed and approved on a motion by Tom Cardon, second by Roy Urie with Roy Urie voting in favor.
SECTION 1. TELEPHONE FRANCHISE GRANTED TO SOUTH CENTRAL
(a) Authority for Grant. Iron County, under the authority of Article I, Section 23 of the Constitution of the State of Utah and consistent with the statutes of the United States and the State of Utah there is hereby granted a non-exclusive franchise (the "Franchise") to South Central Utah Telephone Association, Inc. ("South Central" or "Grantee"), a corporation with it's principal office in Escalante, Utah to construct, maintain, operate, use, and furnish to the public, including but not limited to governmental, industrial, commercial, individual, and all other consumers, a telephone system and all incidental or like facilities for communication within all present and future highways, streets, public places, alleys and property granted or dedicated to or by the County extending to above and below ground poles, towers, wires, conduits, telegraph and telephone lines for the exercise of any power which South Central Utah Telephone Association, Inc., deems necessary as authorized by law at the present or in the future to conduct so long as they are constructed, maintained, erected or operated in such a manner as to constitute the least interference with traffic in and upon highways, streets and alleys.
(b) Any road, highway, street, or other county construction, maintenance, or repair, made at the authorization of Iron County wherein "South Central's" property, including but not limited to poles, towers, wires, conduits, telephone lines, or any other communication device, interferes with or is harmed by said construction, maintenance, or repair, "South Central" hereby agrees to be solely responsible for any labor, repair, or other costs incurred as a result of said County construction, maintenance, or repair. Furthermore, should Iron County require the transference, change, or removal of any owned or controlled "South Central" communication device, including but not limited to poles, towers, wires, conduits, or telephone lines, "South Central" does hereby agree to immediately and forthwith transfer, change or remove said communication device promptly, as reason dictates, but shall not, without prior Iron County Commission approval, take longer than thirty (30) days from the date of Iron County's request, to facilitate said transfer, change or removal.
(c) Franchisee shall comply with the provisions of Iron County Ordinance 105 in obtaining encroachment permits for all construction to be done in any public road right of way.
(d) Non-exclusive Character and Term of Franchise. The franchise hereby granted
shall be non-exclusive and shall be for the term of twenty-five (25) years from date hereof. At the end of that term additional terms and extensions will be negotiated upon terms and conditions deemed reasonable to both the County and the Grantee.
(e) Upon good cause showing by either County or South Central Utah Telephone Association Inc., this franchise may be terminated upon ninety (90) days written notice to the non-terminating party.
SECTION 2. ORDINANCES
All facilities constructed shall be established in accordance with lawful activities with respect to telephone, telegraph or communication enterprises and South Central Utah Telephone Association, Inc., will comply with all ordinances of the County presently existing or as amended from time to time.
SECTION 3. NON-LIABILITY OF COUNTY FOR ACTS OF GRANTEE
The County declares that it shall not at any time ever become liable or responsible to any person, firm, corporation, entity, or individual for any damage, injury (including loss of life), or loss by reason of the activities of South Central Utah Telephone Association, Inc. Under this Franchise; South Central Utah Telephone Association, Inc., hereby indemnifies Iron County to hold it harmless against all such liabilities, loss, cost, damage or expense which may be incurred by the County by reason of the exercise or arising out of the implementation of this Ordinance.
SECTION 4. ACCEPTANCE
South Central Utah Telephone Association, Inc., by making application here fore shall be presumed to have accepted this Franchise.
SECTION 5. EFFECTIVE DATE
This Ordinance shall take effect upon publication in the manner provided by §17-15-1, Utah Code Annotated 1953, as amended and all provision shall be severable so that if any section, clause, or term is held unconstitutional or contrary to law the void character shall not effect any of the remaining portion of this Ordinance.
Approved and adopted this 23rd day of September , 1996.
/s/ Robert L. Gardner
Board of the Iron County Commission
Robert L. Gardner, Chairman
Attest:
/s/ David I. Yardley
David I. Yardley, Iron County Clerk
Voting: AYE NAY ABSTAIN
Robert L. Gardner x
Roy P. Urie x
Thomas B. Cardon x
STEVE HEATH :
Mr. Heath presented the Commissioners with a centennial patch commemorating the completion of the Old Sorrel Trail. He reported that all of the monuments have been constructed and the trail is open for hiking.
Mr. Heath requested that a marker designating the Old Spanish Trail be located in a county road right-of-way at the junction of upper Bear Valley road and SR-20. Tom Cardon made a motion to allow the placement of a marker at the designated area in Bear Valley. Second was by Roy Urie with Robert Gardner voting in favor.
Mr. Heath also discussed the placement of monuments in honor of the Parley P. Pratt expedition into Iron County. It is proposed that four monuments be constructed; one at Fremont, one at Iron Springs, one in Parowan and one near Kolob Canyon in Washington County.
Mr. Heath also mentioned to the Commission that in the year 2001 Iron County would be 150 years old and he suggested that the county start planning now for a sesquicentennial celebration in 2001. Tom Cardon made a motion to appoint Steve Heath to chair a 2001 Iron County Sesquicentennial Planning Committee, second was by Roy Urie with Robert Gardner voting in favor.
BOARD OF EQUALIZATION MATTER :
Paul Lunt came before the Commission to continue to discuss a Board of Equalization matter. Mr. Lunt explained that he was still not satisfied with the valuation placed on the property by the Assessor. He felt that this was still to high and the percentage increase was way out of line for one year. Mr. Lunt did not submit any documentation to support his claim.
After listening to his appeal, the Commission explained to Mr. Lunt, that in order to change the market value assessed, that evidence supporting his value must be submitted. This could include other sales of like property in the area or an appraisal by a certified appraiser. They also explained to Mr. Lunt, that he had a right to appeal through the State Tax Commission the values if he was still not satisfied with the value placed by the County Assessor.
After reviewing sales of property in the area and the best information available, Roy Urie made a motion to leave the value as adjusted by the County Assessor. Second was by Tom Cardon with Robert Gardner voting in favor.
PAROWAN JUSTICE COURT :
Raida Baker came to the Commission to report that the computer system with the Caselle program had been installed in her office and was working very well. She said that this was the most efficient system that she had every tried to work with and she was very pleased with the results.
PROPERTY TAX ABATEMENTS :
Claire Dalton presented a list of property tax abatements and explained them to the Commission. After reviewing Circuit Breakers, low-income, veterans and blind abatements, Tom Cardon made a motion to approve the abatements as presented. Second was by Roy Urie with Robert Gardner voting in favor.
COUNTY BOARD APPOINTMENTS :
Council on Aging Board. Roy Urie reported that Lewis Dalton had resigned as a member of the Council on Aging Board and after reviewing possible replacements, Roy Urie made a motion to appoint Arnold Gurr as a member of the Council of Aging Board. Second was by Tom Cardon with Robert Gardner voting in favor.
Human Resources Board. A person to serve on the Five County Human Resource Committee was discussed. Roy Urie made a motion to appoint Mildred Cardon to that position. Second was by Robert Gardner, Tom Cardon abstained from any action in this because of a conflict of interest.
COX PROPERTY :
The bids received for the purchase of the Cox property were again reviewed. After further consideration, the Commission declined to take action at this time to allow more time for review. There were some conditions placed on some of the bids that were not acceptable to the sale of the property.
CDBG GRANTS - 1997-98 FY :
Roy Urie reported that a public hearing needed to be scheduled for CDBG grant applications for 1997. A hearing date of October 16, 1996, was scheduled for the Extension Service meeting room in Cedar City.
BOE MATTERS :
Dennis Ayers discussed with the Commission an increase in the value of AMPAC properties known as WECCO, Halotron and the Azide facilities due to the discovery that some buildings have been built that were not assessed. He recommended that the value be adjusted up from 2.8 million to 3.6 million on the Halotron portion of the facility and from 30 million to 35.2 million on the Azide portion and to adjust the personal property on the WECCO portion up 1.4 million. Tom Cardon made a motion to approve the adjusted values as presented by Dennis Ayers, second was by Roy Urie with Robert Gardner voting in favor.
LANDFILL :
Alan Wade discussed with the Commission the dust problems in the landfill pit. He explained the concerns that the State Division of Solid and Hazardous Waste had expressed to him regarding dust control in the landfill. He also discussed with the Commission the need for landfill gas monitoring as required by State Division of Air Quality.
The Commission explained to Alan that these concerns needed to be submitted in writing by the appropriate agencies. The County should not be following every verbal suggestion that anyone makes.
CAPITOL IMPROVEMENT LIST :
A letter showing that the One-Stop Visitors Center is our top priority for development under Community Impact Board (CIB) funding needs to be drafted and sent to the CIB Board. The County is seeking CIB funds to help finance the construction of the Visitor Center.
After reviewing meeting conflicts with the Commission agenda, Roy Urie made a motion to cancel the Commission Meeting scheduled for October 15, 1996, second was 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:____________________________