Minutes of the Iron County Commission meeting held August 25, 1997 in Commission Chambers at the Iron County Courthouse, Parowan, Utah at 9:00 a.m..

Officers in attendance included

Thomas B. Cardon Commission Chairman

Roy P. Urie Commissioner

Dennis E. Stowell Commissioner

Karla Staheli Asst. County Attorney

David I. Yardley County Clerk

Also Present

Dennis Lowder County Auditor

Dennis Ayers County Assessor

Merna Mitchell County Treasurer

Dixie Matheson County Recorder

Ira Schoppmann County Sheriff

Doug Wilson Data Processing

SYNOPSIS :

APPROVAL OF MINUTES AUGUST 11, 1997 1

ELECTED OFFICIAL REPORTS 2

Dennis Lowder 2

Dennis Stowell 2

Dixie Matheson 2

Doug Wilson 2

Ira Schoppmann 2

Karla Staheli 2

Merna Mitchell 2

EXECUTIVE SESSION - PERSONNEL 4

Brett Allred 4

Carl Callison 4

Elbert Bryant 4

Patricia I. Hall 4

Robert Andler 4

Robert Miller 4

Roberto 4

Wade Lee 4

INDIGENT DEFENSE FUND 3

NEWCASTLE FIRE DEPARTMENT 3

NEWCASTLE FIRE HYDRANTS 3

PAROWAN CITY FAIR REQUEST 3

TAX MATTER 3, 4

Herbert and Janice Nakken 3

VIET NAM TRAVELING MEMORIAL WALL 4

ZONE CHANGE - CRAIG ASHDOWN 3

APPROVAL OF MINUTES AUGUST 11, 1997 :

Minutes of the Iron County Commission Meeting held August 11, 1997 were approved as amended on a motion by Dennis Stowell. Second was by Roy Urie and Tom Cardon voted in favor.

ELECTED OFFICIAL REPORTS :

Merna Mitchell: presented a County financial statement as of July 1, 1997 for the Commission review.

Dennis Lowder: discussed a letter he had written to the Commissioners regarding the ambulance service fund. In the letter he explained that this fund is running in the red mainly from delinquent or uncollectible accounts.

Dennis also reported that the first BOE appointment was scheduled for 1:30 p.m. today. At this time no appointments are scheduled for August 27. If no more appeals are filed, the hearings for August 27 will be canceled.

Dixie Matheson: reported that she had attended the Recorder's summer workshop. The Recorder's Association has adopted a new manual for the cadastral mapper position. This will help Counties standardize training and standards for plat maps and includes information on computer mapping programs.

Doug Wilson: reported that a computer has been installed in the Recorder's office to work on address standardization. The computer will do most of the standardization which will make correcting the data base easier.

Doug is also exploring the possibility of a direct deposit program which would allow County employees the option of having their wage deposited directly to their bank account.

Doug reported that Ivan Spencer has been working with the weed department to develop a weed map showing the location of noxious weeds in the County.

Ira Schoppmann: reported on activity in law enforcement in the County. He said that domestic violence continues to be a major problem in the County.

He also reported that he was in the process of hiring a part time deputy to work as a school deputy. This position would be funded 1/3 by the County and 2/3 by the School District.

Karla Staheli: reported that in research she has done, the Commissioner that serves on the Planning Commission should be replaced to avoid a conflict of interest since the County Commission is ask to vote on recommendations made by the Planning Commission. Karla is also working on the bylaws that govern the operation of the Planning Commission.

Dennis Stowell: reported that he had attended a meeting with Craig Call, Utah State Ombudsman dealing with property rights. He was in Iron County at the request of citizens to discuss whether actions by the County Commission were in compliance with law.

Mr. Call discussed the following items:

Property Tax: Collection is legal under Constitution

Zoning laws: Established in 1800's Supreme court has ruled legal.

Design control: Legal

Historic Preservation: Legal to require.

Rent Control: Legal to enforce.

The right to build on personal property is not a vested right nor are requirements to comply with building codes and to obtain a building permit an issue of government taking of private property.

INDIGENT DEFENSE FUND :

Karla reported that the County Attorney's office has reviewed the indigent defense fund option which was passed by the Legislature in the 1997 session and it is their recommendation that the County not participate at this time.

Dennis Stowell made a motion that Iron County will not participate in the State Indigent Defense Fund at this time. Second by Roy Urie and Tom Cardon voted in favor.

PAROWAN CITY FAIR REQUEST :

Steve Decker and Craig Rowley came before the Commission to request a waiver of fees for booth space at the Fair. The cost of the booth space has been set at $175.00 each. The two organizations that would be using the booths would be Parowan Main Street and Valentine Peak Recreation park.

Since this is a County Fair decision, the matter was referred to the Fair Chairman, Art Walunas and Commissioner Stowell.

ZONE CHANGE - CRAIG ASHDOWN :

Craig Ashdown came before the Commission to request a zone change from R-5 to R-1/2 on the following described parcel:

Beginning South 1539.0 Feet and East 12.5 Rods From the Northwest Corner Of Section 26, Township 35 South, Range 11 West, Salt Lake Base & Meridian; North 615 Feet; thence East 40 Rods; thence South 602 Feet; thence South 8853' West 40 Rods To the Point of beginning. Containing 8.72 acres more or less.

No one appeared in opposition to the proposed zone change and the Planning Commission have recommended approval. Roy Urie made a motion to approve the zone change as presented. Second was by Dennis Stowell and Tom Cardon voted in favor.

NEWCASTLE FIRE DEPARTMENT :

Wayne Peterson, representing Newcastle Fire Department came before the Commission to request additional funding to cover operating expenses for the remainder of 1997. He explained that parts to repair one vehicle would amount to $829.00 which is about the amount left in the budget at this time. The Commission authorized the payment for the parts and instructed Mr. Peterson that the budget could be adjusted if needed at the end of the year.

NEWCASTLE FIRE HYDRANTS :

Wayne Peterson also discussed purchasing fire hydrants for Newcastle. The Newcastle water company and the volunteer fire department are trying to upgrade the system to provide adequate coverage of the community. The County has purchased one fire hydrant per year to match one purchased by the water company. Mr. Peterson was instructed to bill the County for one fire hydrant for 1997.

TAX MATTER :

Herbert and Janice Nakken came before the Commission to request an adjustment on delinquent taxes on a parcel of property purchased at a bankruptcy sale on the formerly Milne Truck line terminal. At the time the property was purchased, it was their understanding that the taxes were brought current and the delinquency was paid by the bankruptcy. Nakken's requested consideration of some relief for tax years 1998, 1990 and 1991.

Dennis Stowell made a motion to waive interest and penalty on the delinquent taxes for the above listed years while the property was under protection of bankruptcy proceedings. The tax would not be adjusted. Second was by Roy Urie and Tom Cardon voted in favor.

VIET NAM TRAVELING MEMORIAL WALL :

Craig Thompson came before the commission to request a donation of $1,000 to help the Enoch Veterans of Foreign Wars sponsor a traveling Viet Nam Memorial wall. The wall is a replica of the Viet Nam Memorial located in Washington, DC. The memorial has the names of all of the Viet Nam soldiers which were killed in action engraved on it.

The Commission explained that it did not have funds in the current budget. The request was taken under advisement for further review.

TAX MATTER :

Merna Mitchell came before the Commission to explain an error in the collection of taxes on several lots that have been developed in the Midvalley Estates Subdivision. The acreage for the original parcel was in error which resulted in an error in computing taxes as the lots were split out.

Dennis Stowell made a motion to correct the error and to waive the portion of the tax that was not correctly assessed. Second was by Roy Urie and Tom Cardon voted in favor.

EXECUTIVE SESSION - PERSONNEL :

Dennis Stowell made a motion to convene in executive session to discuss personnel matters. Second was by Roy Urie and Tom Cardon voted in favor.

After reconvening in open session, Roy Urie made a motion to appoint Elbert Bryant as the Assistant Landfill Supervisor at a Grade 13 Step 1, and to promote Roberto Madrid as a landfill worker/Mechanic Trainee at Grade 12 Step 1 effective September 1, 1997. Second was by Dennis Stowell and Tom Cardon voted in favor.

Dennis Stowell made a motion to promote Brett Allred to the Sargent position in the Sheriff's Department. Approve the transfer of Carl Callison from Corrections to the Sheriff's Department. Approve hiring Robert Andler and Wade Lee as Correction Officer Trainees and Robert Miller as a Corrections Officer/Food Handler Trainee. Second was by Roy Urie and Tom Cardon voted in favor.

Roy Urie made a motion to approve the hiring of Patricia I. Hall as a Deputy Assessor. Second was by Dennis Stowell and Tom Cardon voted in favor.

APPROVAL OF WARRANTS AND ADJOURN :

After the bills were reviewed and either approved or rejected, the meeting was adjourned at 12:10 p.m. and reconvened at 2:00 p.m. as a Board of Equalization

Approved: /s/ Thomas B. Cardon

Thomas B. Cardon, Chairman

Attest: /s/ David I. Yardley

David I. Yardley, County Clerk