Minutes of the Iron County Commission meeting held November 10, 1997 in Commission Chambers at the Iron County Courthouse, Parowan, Utah. Meeting convened 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

SYNOPSIS :

AMBULANCE SERVICE BILLING 2

APPROVAL OF MINUTES OCTOBER 27, 1997 1

APPROVAL OF WARRANTS AND ADJOURN 4

BARBARA PRESTWICH 4

CEDAR MUSIC ARTS COUNCIL 3

COMMISSION REPORTS 2

Circle 4 Farms 1

Merna Mitchell 1

Senior Citizens Parking Lot 1

ENOCH CITY WATER & SEWER HOOKUPS IN COUNTY SUBDIVISIONS 1

MEADOWS RANCH EAST SID 3

MINOR LOT SUBDIVISION - ROBIN JENSEN 2

OLD SUBDIVISION DISCUSSION 4

SKY VIEW TV RIGHT OF WAY 3

SOLID WASTE - ALAN WADE 2

TAX MATTER 4

TAX MATTER - BAUER 4

APPROVAL OF MINUTES OCTOBER 27, 1997:

Minutes of the Iron County Commission Meeting held October 27, 1997 were approved as amended on a motion by Roy Urie. Second was by Dennis Stowell and Tom Cardon voted in favor.

COMMISSION REPORTS :

Circle 4 Farms: The Commission discussed the possibility of commenting on the issuing of a wastewater discharge permit by the State Department of Environmental Quality to Circle 4 Farms. It was determined that since this was a state issue, the County would reserve comment at this time.

Merna Mitchell came before the Commission to request $200 for Christmas decorations for the Courthouse. Roy Urie made a motion to approve the request. Second was by Dennis Stowell and Tom Cardon voted in favor.

Senior Citizens Parking Lot resurfacing project is proceeding. The ability to complete the project will be conditioned on the weather and if grading can be completed before the weather turns too cold or wet to finish.

SKY VIEW TV RIGHT OF WAY :

Mical Terry and Ray Carpenter came before the Commission to request a right of way for an underground power line from the County TV site on Cedar Mountain to their construction site on an adjacent parcel. They explained to the Commission that this would be a much shorter route to their site than to extend the line from Cedar Highlands Subdivision.

The Commission also discussed the ability to enter into a non-interference agreement for the site. Mr. Terry explained that a written agreement was not possible because of Federal Communications Commission rules, however they agreed verbally to work together in keeping the site as free from interference or high power signal as possible. FCC rules require the party causing the interference to cure the problem. It also gives precedence to existing facilities.

The Commission explained that prior to issuing a right of way that Sky View must present a legal description of the proposed right of way across County property. Roy Urie then made a motion to approve granting Sky View TV a right of way from the current Cedar City TV site to their site with the costs to be determined and upon payment of the apportioned share of the existing line. Tom Cardon relinquished the Chair and seconded the motion. Dennis Stowell voted against granting a right of way.

AMBULANCE SERVICE BILLING :

Dennis Johnson came before the Commission to discuss billing service options. The options discussed included:

1. Valley View Medical Center: Re-negotiate the current contract to include more aggressive collection and possibly set a collection guarantee.

Gold Cross: They have offered to set a guarantee collection rate of 90%. They are familiar with ambulance billing procedures and collection options.

In House Billing: Use current county employees to bill for ambulance service. This would include new computer software and training for employees.

The Commission took the option under advisement and will make a decision later in the budget process.

CEDAR MUSIC ARTS COUNCIL :

David Nyman and Susan Durfee came before the Commission to present a funding request for 1998. They explained that they are an independent non-profit organization. They operate on a volunteer basis and have no paid employees. They requested a donation of $1.00 per capita for residents living outside city limits. The Commission took their request under advisement and they will review it as a budget item.

MEADOWS RANCH EAST SID :

Andrea Conant, a property owner in Meadows Ranch East subdivision came before the Commission to request that their subdivision be considered for a special improvement area to improve and pave the roads. She explained that she had mailed questionnaires to approximately two hundred property owners. She had received seventeen responses at this time. The responses were in favor of the improvements in the Meadows Ranch East subdivision and the property owners in Meadows Ranch were opposed to the improvements.

After listening to the request, Dennis Stowell made a motion to assist in preliminary work on a Special Improvement District which could include Meadows Ranch East and Spring Creek Subdivisions. Second was by Roy Urie and Tom Cardon voted in favor.

OLD SUBDIVISION DISCUSSION :

The Commission discussed recommendations made by the Committee that studied old subdivisions. Karla Staheli reported that the request to allow liability waivers for property owners building in old subdivisions was not possible. The County has a duty which cannot be waived to provide emergency response to the best of our ability. There is also the question of third party liability for visitors to owners who have signed such a waiver.

The Commission requested that the question on how to handle these problems be forwarded to Bruce Parker, the County Planning Consultant.

TAX MATTER - BAUER :

Dennis Bauer and Bud Bauer came before the Commission to clarify a request they had made on February 10, 1997. At that time the Commission voted to reinstate the greenbelt classification on the three parcels in question. Since Bauer's did not own the property in 1996 there is a question on whether greenbelt status can be made retroactive to 1996. During 1996 the Assessor's office made repeated attempts to get the owners of record to file a greenbelt application.

The matter was tabled to allow time to research the matter.

ENOCH CITY WATER & SEWER HOOKUPS IN COUNTY SUBDIVISIONS :

Gaylen Matheson, Enoch City Manager, came before the Commission to discuss water and sewer hookups in subdivisions adjacent to Enoch City boundaries. At the present time, water is being provided in Little Eden Subdivision and will be provided in Village Green Subdivision. The method to collect fees for such use outside city limits is a concern. The matter was referred to Karla Staheli and Chad Nay to address concerns.

BARBARA PRESTWICH :

Barbara Prestwich and several other citizens came to Commission meeting to protest the withdrawal of a zone change appeal by Alfred Puchner. The hearing had been scheduled and advertised for this time as prescribed in the Land Management Code. Mr. Puchner had then requested that the hearing be postponed. A notice was also published stating that the hearing would not be held.

Mrs. Prestwich felt it was unfair to opponents of the zone change to repeatedly try to get support against the change only to have the hearing canceled.

The Commission explained that they could not legally require the hearing to proceed when it had been withdrawn at the request of the petitioner.

SOLID WASTE - ALAN WADE :

Alan Wade came before the Commission to discuss a problem with illegal dumping in the Lund area. He suggested that once the problem dump is cleaned up that a roll off box be provided. It would be dumped on an as needed basis. Alan also suggested that a covered roll off box be provided at the Escalante Valley Migrant Housing facility.

Roy Urie made a motion to provide a roll off box at Lund and a covered roll off box at the Escalante Valley Migrant Housing facility. Second was by Dennis Stowell and Tom Cardon voted in favor.

MINOR LOT SUBDIVISION - ROBIN JENSEN :

Robin Jensen came before the Commission to request approval of a minor lot subdivision in Section 9, Township 35 South, Range 11 West. The property is currently zoned R-2 and they requested to split the 5 acre parcel into two parcels. The Commission expressed concern with legal access to the parcels and if the property is in the correct tier. The request was referred back to the Planning Commission for clarification and to comply with the requirements in the zoning ordinance for improvements..

TAX MATTER - BLM :

Merna Mitchell reported that several parcels of land have been transferred to the Department of the Interior, Bureau of Land Management and recommended that the taxes for these parcels be waived from the date of the transfer. The parcels are identified as:

Serial Number E-1737 80 Acres $ 5.59

Serial Number E-1737-3 80 Acres $ 5.59

Serial Number E-1741-42 320 Acres $19.18

Serial Number E-1746-1746-1 320 Acres $22.36

Serial Number E-1752 320 Acres $22.36

Serial Number E-1753 320 Acres $22.36

Serial Number E-1754 320 Acres $22.36

Dennis Stowell made a motion to waive the taxes as listed on property transferred to the Bureau of Land Management. Second was by Roy Urie 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 2:00 p.m.

/s/ Thomas B. Cardon

Signed: Thomas B. Cardon, Chairman

/s/ David I. Yardley

Attest: David I. Yardley, County Clerk