Minutes of the Iron County Commission meeting convened at 9:00 a.m. December 22, 1997 in Commission Chambers at the Iron County Courthouse, Parowan, Utah.
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
Dixie Matheson County Recorder
Merna Mitchell County Treasurer
Ira Schoppmann County Sheriff
SYNOPSIS :
1998 COMMISSION MEETING SCHEDULE 5
APPROVAL OF MINUTES DECEMBER 8, 1997 1
BUREAU OF LAND MANAGEMENT 10
COUNTY INVESTMENT POLI CY 2
ELECTED OFFICIAL REPORTS 1
Christmas Eve 1
Commissioner Cardon 2
Commissioner Urie 2
Merna Mitchell 1
LAND SALE - LINFORD NELSON 6
PERSONNEL - EXECUTIVE SESSION 11
PUBLIC HEARING - 1997 BUDGET ADJUSTMENT 3
RESOLUTION 97-14 - MID VALLEY ESTATES SID 6
RESOLUTION 97-15 1997 BUDGET ADJUSTMENT 3
ROADS - STEAM ENGINE SUBDIVISION 11
TAX MATTER 12
TAX MATTER - SOUTHWEST CENTER 11
APPROVAL OF MINUTES DECEMBER 8, 1997:
Minutes of the Iron County Commission Meeting held December 8, 1997 were approved on a motion by Roy Urie. Second was by Dennis Stowell and Tom Cardon voted in favor.
ELECTED OFFICIAL REPORTS :
Christmas Eve. The County Commission approved closing County Offices on December 24, Christmas Eve, at 1:00 p.m. on a motion by Roy Urie. Second was by Dennis Stowell and Tom Cardon voted in favor.
Merna Mitchell presented an investment policy for the Iron County Treasurer's Office for the Commission to review and approve. After review of the proposed policy by the Commission and Karla Staheli, Dennis Stowell made a motion to approve the policy as presented. Second was by Roy Urie and Tom Cardon voted in favor.
Commissioner Urie reported that he had been in contact with Don Ostler at the State Department of Environmental Quality and that there is a bill being drafted for this legislative session that would require an environmental clean up on large scale agriculture facilities such as the Circle 4 Hog Farming operation.
Commissioner Cardon reported that the Prairie Dog Habitat Conservation Plan was in the final draft stage and should be ready for publication in the Federal Register shortly after the first of the year. After the comment period and an opportunity to review and respond to comments, the plan should be ready for final adoption around April 1, 1998.
COUNTY INVESTMENT POLI CY :
I. POLICY
It is the policy of the Office of Treasurer, Iron County, State of Utah, to invest public funds held by the Treasurer in accordance with all Federal and State laws. The primary objectives of the policy are to ensure safety, provide adequate liquidity for operations of County functions, and achieve a prudent investment return based on the safety and liquidity objectives of the funds invested by the Treasurer.
II. SCOPE
This investment policy applies to all funds held by the Iron County Treasurer.
III. GENERAL PROVISIONS
A. The investment of funds by the Iron County Treasurer shall comply with applicable statutory provisions, including but not limited to, the Utah State Money Management Act. There will also be compliance with the rules of other pertinent legal requirements.
B. Public funds shall be invested with the following objectives. The objectives are listed in order of importance and priority, the first being most important:
1. Safety of principal.
2. Liquidity of principal for future expenditures.
3. Yield on investments.
4. Recognition of cash needs.
5. Maximization of the rate of return on investment, consistent with the foregoing objectives.
C. Selection of investments shall be made exercising judgement and care, with the prudent investor's discretion to avoid speculation based on unforseen future events or changes in markets.
D. Internal controls shall be the responsibility of the Treasurer. The internal controls shall be in compliance with Iron County Policy. The internal controls are to be reviewed annually by the County Auditor and the Independent Auditor in compliance with State law.
E. All investments are to be made by the Treasurer. In the Treasurer's absence or inability to fill the duties of Treasurer, the Chief Deputy Treasurer will have the authority to make investments in compliance with the directions and guidelines of this Investment Policy. In the event neither the Treasurer nor the Chief Deputy Treasurer are able to function in their respective duties, the responsibility for the investment duties will be administered in accordance with Title 63-5b-04-1 Utah Code Annotated 1953, as amended.
F. The Treasurer or others involved in the investment process shall refrain from personal business activity that could in any way conflict with the proper execution of this investment policy or the duties of the Treasurer.
IV. ELIGIBLE INVESTMENTS
Authorized deposits or investment of all public funds by the Treasurer or others in accordance with this investment policy shall be invested in compliance with the Utah Money Management Act specifically, but not limited to Title 51 - 7- 11 Utah Code Annotated 1953, as amended or any additional amendments thereto.
ADOPTED THIS 22nd Day of December , 1997.
/s/ Merna H. Mitchell
Merna H. Mitchell, Iron County Treasurer
/s/ Thomas B. Cardon
Thomas B. Cardon, Commission Chairman
/s/ Roy P. Urie
Roy P. Urie, Commissioner
/s/ Dennis E. Stowell
Dennis E. Stowell, Commissioner
PUBLIC HEARING - 1997 BUDGET ADJUSTMENT :
Roy Urie made a motion to open a public hearing to hear comments on proposed budget adjustments for the 1997 County budget. Second was by Dennis Stowell and Tom Cardon voted in favor.
Dennis Lowder reviewed the department budgets that would require adjustment. He reported that thirteen departments exceeded their budget for a total of $130,000. Many of these expenditures were approved through the year by the Commission.
After receiving public comment, Resolution 97-15 was presented and adopted on a motion by Roy Urie, second was by Dennis Stowell and Tom Cardon voted in favor.
RESOLUTION 97-15 1997 BUDGET ADJUSTMENT :
Dennis Lowder introduced the following resolution in writing, which was read in its entirety, and Commissioner Urie moved its adoption. Second was by Dennis Stowell:
A RESOLUTION OF THE IRON COUNTY COMMISSION AUTHORIZING ADJUSTMENTS IN THE 1997 DEPARTMENT BUDGETS.
WHEREAS, Iron County Departments have requested adjustments to their budgets for 1997 to cover expenses incurred for over time, increases in under budgeted areas, purchases of unbudgeted but approved equipment, and
WHEREAS, adjustments must be made to authorize unexpected or approved expenditures above those appropriated in the original budget, now therefore
BE IT RESOLVED that the 1997 budget of Iron County is hereby amended to increase the following funds by the amount indicated:
Department 1997 Approved Proposed Increase
Budget Amendment
Parowan Justice Court $65,199 $69,350 $4,151
Public Defender $85,000 $93,500 $8,500
Law Library $8,000 $12,000 $4,000
Data Processing/GIS $143866 $153,675 $9,809
Auditor $147,919 $152,000 $4,081
Attorney $312,584 $358,575 $45,991
Assessor $374,013 $390,000 $15,987
Visitor Center $ -0- $6,000 $6,000
Sheriff $857,216 $955,000 $97,784
Welfare Services $2,000 $3,000 $1,000
County Roads $1,102,122 $1,238,427 $136,305
Television $118,589 $162,725 $44,136
Library $107,177 $110,177 $3,000
E-911 Services $69,300 $72,000 $2,700
Aging Council $122,900 $149158 $26,258
Solid Waste Collection $96,250 $150,000 $53,750
Miscellaneous $33,500 $50,000 $16,500
BY ORDER OF the Board of Iron County Commissioners this 22nd day of December, 1997.
/s/ Thomas B. Cardon
Signed: Thomas B. Cardon, Chairman
Attest: /s/ David I. Yardley
David I. Yardley, Clerk
Voting:
Thomas B. Cardon Aye
Roy P. Urie Aye
Dennis E. Stowell Aye
1998 COMMISSION MEETING SCHEDULE :
David Yardley presented a proposed meeting schedule for 1998. The schedule is in compliance with Iron County Ordinance 129 which set the regular Commission meeting days on the second and forth Monday of each month. After reviewing the proposed dated, Roy Urie made a motion to adopt the following meeting schedule for 1998. Second was by Dennis Stowell and Tom Cardon voted in favor.
NOTICE IS HEREBY GIVEN that the regular Iron County Commission meetings have been scheduled on the following dates:
January 12 January 26
February 9 February 23
March 9 March 23
April 13 April 27
May 11 May 26 (Tuesday)
June 8 June 22
June 29 Official Canvass of Primary Election ballots will be conducted at 12:00 Noon
July 13 July 27
August 10 August 24
September 14 September 28
October 13 (Tuesday) October 26
November 9 Official canvass of General Election ballots will be conducted at 12:00 Noon
November 9 November 23
December 14 (Final Budget Hearing) December 22
(10:00 A.M.)
Meetings will be held in the Iron County Commission Chambers, 68 South 100 East, Parowan, UT beginning at 9:00 A.M.
Persons or groups wishing to address the Commission must make an appointment with the Iron County Clerk by the Thursday preceding the scheduled meeting.
By Order of the Iron County Commission
/s/ David I. Yardley
David I. Yardley
Iron County Clerk
Adopted: December 22, 1997
LAND SALE - LINFORD NELSON :
Linford Nelson came before the Commission to discuss the purchase of a parcel of County property currently being used as a gravel pit on Cedar Mountain. In the sales agreement the County retained the right to remove additional cinders from the site and to use the area to park County Road equipment while working in the area. Mr. Nelson also agreed to allow the County to use cinders from a pit he owns in the area.
After reviewing the proposed agreement, Commissioner Urie made a motion to approve the sale and authorize the County Clerk to execute the deed to Mr. Nelson. Second was by Dennis Stowell and Tom Cardon voted in favor.
RESOLUTION 97-14 - MID VALLEY ESTATES SID :
Commissioner Urie introduced the following resolution in writing, which was read in its entirety, and moved its adoption. Second was by Dennis Stowell:
A RESOLUTION OF THE IRON COUNTY COMMISSION DECLARING THAT THE PUBLIC HEALTH, CONVENIENCE AND NECESSITY REQUIRE THE CREATION OF A SPECIAL IMPROVEMENT DISTRICT, DEFINING THE BOUNDARIES OF SAID MID VALLEY ESTATES SPECIAL IMPROVEMENT DISTRICT AND THE SERVICES TO BE PROVIDED THEREIN, PROVIDING FOR A HEARING ON THE CREATION OF SAID SPECIAL IMPROVEMENT DISTRICT AND PROVIDING FOR NOTICE OF SAID HEARING.
WHEREAS, the Board of County Commissioners of Iron County, Utah, believe that the public health, convenience and necessity require the establishment of roads and a drainage system to serve the area hereinafter described, and that in order to provide for the acquisition and financing of said services, it is desirable to incorporate said area into a Special Improvement District pursuant to the provisions of the Utah Special Improvement District Act, Section 17A-3-201 et seq. as amended; and
WHEREAS, all property included within the boundaries of said proposed Special Improvement District will be benefitted by the creation thereof and the acquisition of said services; and
WHEREAS, none of the area to be contained within the boundaries of said proposed Special Improvement District is also within the boundaries of any other special improvement district established by said Commission to provide roads and a drainage system (except where such right has been withdrawn); and
WHEREAS, Mid Valley Estates property owners desire to establish said Special Improvement District.
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Iron County, Utah, as follows:
Section 1. The public health, convenience and necessity require the creation within Iron County, Utah of a Special Improvement District pursuant to the provisions of the County Improvement District Act, § 17A-3-201, et seq. as amended.
Section 2. The boundaries of said Special Improvement District to be established shall be as set forth in the Notice of Hearing in Section 7 hereof.
Section 3. Said Special Improvement District is to be created for the purpose of providing roads and a drainage system and services within said district through the construction, purchase, gift, condemnation, or any combination thereof of the facilities or systems necessary to provide said services.
Section 4. The Special Improvement District so created shall be known as "Mid Valley Estates Special Improvement District."
Section 5. A public hearing on the question of the creation of the proposed Special Improvement District shall be held by the Board of County Commissioners of Iron County, Utah, at the Iron County Courthouse, 68 South 100 East, Parowan, Utah at 1:30 p.m. on the 26th day of January, 1998, at which time and place all interested parties may appear and be heard either in support of or in opposition to the creation of the proposed Mid Valley Estates Special Improvement District as more fully described in the Notice of Intention set forth in Section 7 hereof.
Section 6. A Notice of the Intention to create the proposed Mid Valley Estates Special Improvement District shall be published at least once a week during four consecutive weeks, the first publication to be not less than twenty-one (21) days nor more than thirty-five (35) days before the hearing, in the Daily Spectrum, a newspaper having general circulation in Iron County. In addition, not latter than ten (10) days after the first publication of the notice, the notice shall be mailed, postage prepaid: (i) addressed to each owner of record of property to be assessed within the Special Improvement District at the last known address of the owner, using for this purpose the names and addresses appearing on the last completed property assessment rolls of the County in which the property is located; and, (ii) addressed to "Owner" at the street number of each piece of improved property to be assessed.
Section 7. The Notice of Intention to be published shall be substantially the following form:
PUBLIC NOTICE IS HEREBY GIVEN that on the 22nd Day of December , 1997 the Board of County Commissioners of Iron County, Utah, (the "County") adopted a resolution declaring its intention to create a Special Improvement District to be know as Iron County, Utah Special Improvement District No. 98-1 (the "District"). It is the intention of the Board of County Commissioners to finance the cost of constructing roads and a drainage system and any matters related thereto within the District and to levy a special assessment as provided in Title 17A, Chapter 3, Part 2, Utah Code Annotated 1953, as amended, on the real estate lying within the District for the benefit of which such assessment is to be expended in the making of such improvements.
The boundaries proposed for said District are located entirely within Iron County and are as follows:
The roads within Mid Valley Estates Subdivision Unit 1 and Mid Valley Estates Subdivision Unit 2, including the perimeter roads.
The improvements to be constructed within the District in general include the following:
Constructing roads and a drainage system and any matters related thereto.
A map showing the location of the proposed improvements is on file and available for inspection at the office of the County Clerk, 68 South 100 East, Parowan, Utah during regular business hours and is attached to this notice as Schedule 1.
The method under which the assessments are to be levied shall be as follows:
Improvement Method of Assessment Estimated Assessment
Road, drainage Per Lot basis $461 per annum per lot for ten (10) years
The total costs of improvements in the District is estimated to be $1,000,000 of which the County shall pay $0, leaving the remaining $1,000,000 which shall be paid by a special assessment to be levied against the property which may be directly or indirectly benefitted by such improvements which benefits need not actually increase the fair market value of the property to be assessed. The property owners' portion of the total estimated cost of the improvements may be financed during the construction period by the use of interim warrants. The interest on said warrants will be assessed to the property owners. The estimated cost of the improvements to be assessed by connection against the lots within the District is as follows:
It is the intention of the Board of County Commissioners of the County to levy assessments as provided by the laws of Utah on all parcels and lots of real property within the District benefitting by the proposed improvements described herein. The purpose of the assessment and levy is to pay those costs of the subject improvements which the County will not assume and pay. The method of assessment shall be a per lot basis as set forth herein above.
The assessments may be paid by property owners in ten (10) annual principal installments with interest on the unpaid balance at a rate or rates fixed by the Board of County Commissioners, or the whole or any part of the assessment may be paid without interest within fifteen (15) days after the ordinance levying the assessment becomes effective. The assessments shall be levied according to the benefits to be derived by each property within the District. Other payment provisions and enforcement remedies shall be in accordance with Title 17A, Chapter 3, Part 2, Utah Code Annotated 1953, as amended.
A map of the proposed District and specifications of the proposed improvements and other related information are on file in the office of the County Clerk who will make such information available to all interested persons.
Any person who is the owner of record of property to be assessed in the District described in this Notice of Intention shall have the right to file in writing a protest against the creation of the District or to make any other objections relating thereto. Protests shall describe or otherwise identify the property owned of record by the person or persons making the protest. Protests shall be filed with the County Clerk of Iron County, 68 South 100 East, P.O. Box 429, Parowan, Utah, on or before 5:00 p.m. on the 23rd day of January , 1998. Thereafter at 1:30 p.m. on the 26th Day of January , 1998, the Board of County Commissioners will meet in public meeting at the County Courthouse to consider all protests so filed and hear objections relating to the proposed District. After such consideration and determination, the County shall adopt a resolution either abandoning the District or creating the District either as described in this Notice of Intention or with Deletions and Changes made as authorized by bylaws; but the County shall abandon the District and not create it if the necessary number of protests as provided herein have been filed on or before the time specified in this Notice of Intention for the filing of protests after eliminating from such filed protests: (i) protests relating to property or relating to a type of improvement which has been deleted from the District and (ii) protests which have been withdrawn in writing prior to the conclusion of the hearing. The necessary number of protests shall mean the following:
Protests representing one-half (1/2) of the total to be assessed where an assessment is proposed to be made according to the number of lots.
BY ORDER OF THE BOARD OF COUNTY COMMISSIONERS OF IRON COUNTY, UTAH.
/s/ David I. Yardley
Clerk
Published in the Daily Spectrum on December 26, 1997, January 2, 9, 16, 1998.
Section 8. The officers of Iron County, Utah, are hereby authorized and directed to take all action necessary or appropriate to effectuate the provisions of this resolution.
Section 9. If any one or more sections, sentences, clauses or parts of this resolution shall for any reason, be questioned or held invalid, such judgement shall not affect, impair or invalidate the remaining provisions of this resolution, but shall be confined in its operation to the specific sections, sentences, clauses or parts of this resolution so held unconstitutional and invalid, and the inapplicability and invalidity of any section, sentence, clause or part of this resolution in any one or more instances shall not affect or prejudice in any way the applicability and validity of this resolution in any other instances.
Section 10. All resolutions, bylaws and regulations of Iron County, Utah, in conflict with this resolution, are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revive any resolution, bylaw, or regulation, or part thereof, heretofore repealed.
APPROVED AND ADOPTED this 22nd day of December , 1997.
/s/ Thomas B. Cardon
Thomas B. Cardon, Chairman
Board of Iron County Commissioners
Attest:
/s/ David I. Yardley
David I. Yardley
County Clerk
VOTING: Aye Nay
Thomas B. Cardon x
Roy P. Urie x
Dennis E. Stowell x
BUREAU OF LAND MANAGEMENT :
Art Tait and Craig Eggerton, representing the Bureau of Land Management came before the Commission to discuss concerns the County had raised concerning proposed land exchanges for desert tortoise habitat. Mr. Tait explained that it is the policy of the BLM to allow permittees to purchase the proposed exchange property and the money would then be used to purchase habitat in Washington County. This agreement was made by the BLM, US Fish & Wildlife, and property owners within the habitat area.
Mr. Tait also discussed road Right of Ways and Livestock Trails on BLM land. The Commission explained that in the County General Plan that all County roads were designated as Livestock Trails. This would include roads claimed under RS-2477 designation across BLM land. Mr. Tait and Mr. Eggerton were invited to return at a later date to discuss road and trail
issues in more detail.
TAX MATTER - SOUTHWEST CENTER :
Neal Smith, Unit Director for Southwest Center, came before the Commission to request a tax waiver for a duplex property being acquired for an Independent Living unit on a lease/purchase agreement through Zion's Bank. The request was made because Southwest Center (formerly Southwest Utah Mental Health) is a government agency and is tax exempt. Southwest Center is to provide the County with a copy of the lease/purchase agreement for our files.
Dennis Stowell made a motion to grant a tax waiver for 1996 of $242.00 and 1997 of $927.66 on property identified as Serial # B-1011-3-24 Account # 275591. Second was by Roy Urie and Tom Cardon voted in favor.
ROADS - STEAM ENGINE SUBDIVISION :
Bill Weymouth, Frank Venutti and Joseph Venutti came before the Commission to request approval of a plan to improve the roads through Cedar Breaks Mountain Estates Subdivision to access their proposed subdivision. They proposed to surface the road and to comply with all requirements of the County and Brian Head Town.
Steve Platt reported that some of the grades on the road would be up to 12-1/2%. The existing road appears to be within the described right of way . He also reported that the requested improvements could be completed within the right of way.
Judy Gubler, Brian Head Town Manager, said that Brian Head ordinance that the maximum grade allowed on their roads is not to exceed 10% grade, however differences could be worked out.
The Commission agreed to allow further study of the proposal to reach agreements with Brian Head for maintenance and to resolve questions about maximum grade.
PERSONNEL - EXECUTIVE SESSION :
Roy Urie made a motion to convene in executive session to discuss personnel matters. Second was by Dennis Stowell and Tom Cardon voted in favor.
After reconvening in open session, the Commission authorized the following action on a motion by Dennis Stowell, Second by Roy Urie and Tom Cardon voted in favor:
1. Grant a 3 step merit increase to Tom Nielsen to correct an error in his placement on the pay scale from Grade 12 Step 5 to Grade 12 Step 8 effective January 1, 1998.
2. Grant a 2 step merit increase to Merrill Harrison to correct an error in his placement on the pay scale from Grade 12 Step 4 to Grade 12 Step 6 effective January 1, 1998.
3. Deny a pay increase request by Charles Mitchell.
4. Approved the hiring of Wanda Topham as a full time Deputy Assessor.
COUNTY PERSONNEL POLICY CHANGES :
The Commission approved polling County employees prior to adopting changes to the County Personnel Policy. Items to be discussed will be to change the Arbor Day holiday for a "personal preference" day. The second item is a clarification on the procedure to follow in hiring part time help. This is to be placed on the agenda at the next meeting.
TAX MATTER :
The Utah State Division of Wildlife Resources acquired property from Suzanne Jones on August 2, 1995. The tax due for 1995 was $10.90 and was not paid. The property will now be tax exempt. DWR has requested that taxes on the parcel be waived for 1995. The parcel is identified as Serial # C-1143-9-10-11 Account #107174.
Dennis Stowell made a motion to approve the waiver as requested. 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 3:00 p.m.
/s/ Thomas B. Cardon
Signed: Thomas B. Cardon, Chairman
/s/ David I. Yardley
Attest: David I. Yardley, County Clerk