IRON COUNTY COMMISSION MEETING

DECEMBER 9, 1996

Minutes of the Iron County Commission Meeting held December 9, 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

Also present:

Dennis E. Stowell Commissioner-elect

SYNOPSIS :

ANIMAL CONTROL 2

BARBARA PRESTWICH 5

BUDGET HEARING 3

AIRPORTS 4

BERYL COORDINATING COUNCIL 3

FIRE DEPARTMENT REQUEST 3

PLANNING CONSULTANT 4

SHERIFF 4

SOUTHWEST LIVESTOCK SHOW 4

WEEDS BUDGET 4

CAPITOL IMPROVEMENT LIST 3

CIB FUNDING REQUEST FOR VISITOR CENTER 2

CONDITIONAL USE PERMIT REQUEST 5

DEMPEWOLF TRUST 6

DEPUTY COUNTY ATTORNEY 3

ELECTED OFFICIALS REPORTS 2

ANIMAL CONTROL 1

Commissioner Cardon 1

FLOOD PLAIN REPORT 6

GRIFFITHS COMPLAINT 2

MINUTES 2

PERSONNEL 5

PROPOSED SATELLITE TV SITE 3

TAX MATTERS 4

WEED BOARD 3

WORKFORCE SERVICES 2

MINUTES :

Minutes of the County Commission Meeting held November 25, 1996, were approved as amended on a motion by Roy Urie, second by Thomas Cardon with Robert Gardner voting in favor.

ELECTED OFFICIALS REPORTS :

Commissioner Cardon discussed the flood channel right of way on the Bud Bauer property which is being purchased by the County. As part of the agreement, the County would be required to relocate the fence on the west side of the property. Tom Cardon made a motion to approve the agreement with Bud Bauer for the purchase of a 66 foot wide right-of-way on the West side of his property and a 100 foot right of way on the North side of his property for the development and maintenance of a flood channel. The total purchase price is $35,000.00. Second was by Roy Urie with Robert Gardner voting in favor.

ANIMAL CONTROL :

Tom Cardon discussed a letter that he had received from Cedar City in regards to animal control. Cedar City is requesting that the County participate in funding an expansion of the animal control facility in Cedar City. They are also requesting that the County pay $6.00 per day per animal for animals brought into the shelter by Iron County. The County would also pay $10.00 per animal for euthanasia. The City will not patrol in County areas however they will respond upon request to help pick up dangerous animals. Roy Urie made a motion to approve funding $2,300 for adding additional pens at the animal shelter and to authorize the County Attorney to draft an agreement with Cedar City for animal control services. Second was by Thomas Cardon with Robert Gardner voting in favor. This matter is to be placed on the next agenda for action.

CIB FUNDING REQUEST FOR VISITOR CENTER :

Commissioner Gardner will present a request to the Community Impact Board (CIB) for $1,500,000.00 to finance the construction of a One Stop Visitors Center in Cedar City. The request will be for a $1,250,000.00 loan at 3% interest and a grant for $250,000.00. The meeting is scheduled for December 12 in Salt Lake City. Commissioner Urie, as member of the CIB Board will be present but will not be able to participate in any action on this matter.

GRIFFITHS COMPLAINT :

A complaint signed by several neighbors, regarding the Naomi Griffiths property in the Hidden Valley Ranches subdivision was received by the Commission. Apparently the property has many junked cars located there and the Griffith family has moved out of the County.

Scott Burns reported on steps that were being followed to deal with the complaint. He said that the County Attorney's office was working with Chad Nay and Southwest Public Health Dept. to determine what is required to clean up the site. Under County statutes, costs of cleaning up the property may be assessed to the property owners if violations are found and the owners are not willing to remedy the problem.

CAPITOL IMPROVEMENT LIST :

Commissioner Urie reported that a new capitol improvement list needed to be submitted through the Five County Association of Governments for future consideration of Community Impact Board funding. David Yardley was asked to get a copy of the current list and mail to the Commissioners for their review. This matter also needs to be placed on the next agenda for action.

WORKFORCE SERVICES :

Commissioner Gardner reported that he had received a letter from John Williams regarding the appointment of a Workforce Services Board. Five County Association of Governments will be conducting interviews for individuals to be appointed to the board. Commissioner Urie will be the Iron County liaison working.

PROPOSED SATELLITE TV SITE :

Commissioner Urie reported that he had received a letter from a group of businessmen in

St. George who were interested in establishing a cable less TV communication site on Cedar Mountain in the vicinity of the "C". The Commission expressed their concerns with the proposed site because its located adjacent to a view area above the "C" and it is in the receive path of our TV site for Cedar City. David Yardley was asked to write a letter of protest to the Bureau of Land Management and also to the proposed owners of this site.

WEED BOARD :

Clemont Adams has submitted his resignation as a member of the County Weed Board effective January 1, 1997. Commissioner Gardner requested that a replacement be appointed at the next Commission meeting. Clemont has also served as the Chairman of the Weed Board and therefore the remaining members will select one of their Board to serve as the new chairman.

DEPUTY COUNTY ATTORNEY :

Scott Burns reported on interviews that had been held in his department to replace Justin Wayment as a deputy County Attorney. He said that nine applicants were interviewed and Karla Staheli had scored significantly higher in all areas than the other applicants. It was recommended by Scott that Karla Staheli be hired as a Deputy County Attorney effective immediately. Tom Cardon made a motion to approve the hiring of Karla Staheli as Deputy County Attorney effectively immediately. Second was by Roy Urie with Robert Gardner voting in favor.

BUDGET HEARING :

A public hearing to discuss the proposed budget for Iron County for 1997 opened at 10:00 A.M. Katherine Clark, representing Beryl Coordinating Council, came before the Commission to request that funding for a new refrigerator be added back into the budget. She said that the present refrigerator was experiencing problems with the compressor and due to the age of the refrigerator, it was not repairable. Commissioner Urie reported that the Council of Aging has a refrigerator available that could be used at the center and that was the reason that this item was removed from their budget request. The Coordinating Council representatives were asked to contact Connie Lloyd and Bob Rasmussen to coordinate delivery of the refrigerator and also to help in establishing a meals on wheels and senior citizens program in the Escalante Valley area.

FIRE DEPARTMENT REQUEST

The Commission approved adding $7,050.00 to the Cedar City Fire Department budget to build up a County brush truck. Funds for this expenditure should be available in the 1996 fund balance. The Commission discussed with Dennis Lowder, the use of the fire formula and the need for all the departments to follow this. Dennis reported that this would reduce the amount paid to Brian Head but it would increase the amount paid to Paragonah and Parowan. Dennis said that a new agreement needed to be drafted that would involve Parowan, Paragonah and Brian Head. Under the current agreement, Kanarraville, Cedar City and Enoch are involved in the agreement. Dennis also reported that Kanarraville had not submitted a request for funds from their fire department or presented their reports that are required to figure them in the formula.

WEEDS BUDGET

Dennis Stowell requested that the Weed Department budget be increases to $42.000.00 to bring funding for that department to the same level that it was funded in 1996. He said that he felt the weed department had not done an adequate job in the Parowan valley during the last two years and he would like to see that service increased in some problem areas within the County.

AIRPORTS

Dennis Stowell also discussed the proposed funding for the Parowan City airport. This was contingent on FAA approval and funding. This amount in the budget will only be used when that approval is received.

SHERIFF

The Sheriff asked for the Commission to reconsider the purchase of a third vehicle for the Sheriff's department. He said that the vehicles that they are currently using are getting old and in the past are not getting replaced as soon as they should be and therefore they are getting to a point where the vehicles are no longer reliable for patrol work. Commissioner Cardon made a motion to approve the addition of one Sheriff's vehicle to the Sheriff's budget request Second to the motion was by Roy Urie with Robert Gardner voting in favor.

SOUTHWEST LIVESTOCK SHOW

Southwest Livestock Show requested an additional $700.00 for their budget for 1997. This is due to the increase in youth participation from county residents.

PLANNING CONSULTANT

Tom Cardon requested that an additional $5,000.00 be added to the budget to fund a planning consultant in coordinating the general plan and the land management code so that they are in compliance with one another and also to help with rewriting the A-20 zone regulations.

BUDGET APPROVAL

Roy Urie made a motion to approve the addition of one Sheriff's vehicle to the Sheriff's budget request and to approve the 1997 proposed budget with the additional items as requested in the budget hearing. Second to the motion was by Tom Cardon with Robert Gardner voting in favor.

There being no other comments, the public hearing was closed.

TAX MATTERS :

Property exemptions for parcels bought by Brian Head Town, Enoch City and Utah Valley State College were approved on a motion by Roy Urie, second by Tom Cardon with Robert Gardner voting in favor. Serial Numbers for the parcels exempted are: Enoch City, A-900-43, Account 374832 effective May 22, 1996; Brian Head Town, A-1143-8-E-2, Account 107307 effective September 21, 1996; Utah Valley State College, E-1195-3-1, Account 375888 effective December 28, 1995.

PERSONNEL :

Roy Urie made a motion to convene in executive session to discuss personnel matters. Second was by Tom Cardon with Robert Gardner voting in favor.

In the executive session, the manner in which the salary study was to be implemented was discussed. After reconvening in open session, Roy Urie made a motion to add the steps from the previous personnel policy including the steps that were frozen to the current grade scale as the employees requested. Second to the motion was by Tom Cardon with Robert Gardner voting in favor.

CONDITIONAL USE PERMIT REQUEST :

David Hammond present a petition to issue a conditional use permit to allow the continued use by a resident in the Spring Creek Subdivision to continue to live in a 5th-wheel trailer. This matter was referred to Planning and Zoning for their recommendation.

BARBARA PRESTWICH :

Barbara Prestwich, along with a group of interested citizens from the Kanarraville area, came before the Commission to present a petition requesting the zone change appeal hearing scheduled for December 30, 1996 be changed. They said that they felt that scheduling a public hearing during the week between Christmas and New Years was inappropriate as this is a holiday time. After appearing, they said they did not have a petition to present but that they were in the process of soliciting signatures.

Dan Dail also questioned the notice being sent to individual property owners adjacent to the proposed zone change. It was explained to Mr. Dail that notice had been published according to the land management code which requires that notice of appeal is to be published in a paper of general circulation within the County for 30 days prior to the hearing. This will be complied with as the notice was published starting November 29, 1996, and is scheduled to be published each week until the time of the hearing. After listening to their presentation and request, no action was taken by the Commission, therefore the public hearing will continue as scheduled.

DEMPEWOLF TRUST :

Dempewolf Trust representative Rae Dempewolf came before the Commission to request an adjustment on the value on their property due to an error in the Assessor's office. Dennis Ayers explained that some way in the appraisal process, the house was assessed as stick-built when in reality it is a modular home that is not in good repair. This would reduce the fair market value substantially resulting in a difference in property tax for 1996 of $259.01. Tom Cardon made a motion to correct the assessment error and to refund any taxes that were paid in error. Second was by Roy Urie with Robert Gardner voting in favor.

FLOOD PLAIN REPORT :

Steve Platt came before the Commission to report on progress with identifying a proposed flood plain management plan for Cedar Valley. It was his opinion that the county designate a proposed flood channel to follow the ditch toward the Stevensville area

Steve recommended that the plan for a major flood should include provisions to channel approximately 2/3 of the flood water north from the Woodbury split.

Mr. Platt explained that estimates of a 100 year flood vary from 6,600 cubic feet per second to 9,300 cubic feet per second. Steve recommended that 2/3rds of this water be channeled north. The channel should be marked and designated as funds permit towards past Midvalley Road and then allowed to spread in its historic flood plain. Roy Urie made a motion to authorize Steve Platt to go ahead with a drainage plan for Cedar Valley for submission to the Commission for final approval. 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:___________________________