IRON COUNTY COMMISSION MEETING

January 25, 1999



Minutes of the Iron County Commission meeting convened at 9:00 a.m. January 25, 1999 in Commission Chambers at the Iron County Courthouse, Parowan, Utah.

Officers in attendance included:

Dennis E. Stowell Commission Chairman

Lois L. Bulloch Commissioner

Gene E. Roundy Commissioner

Scott M. Burns County Attorney

David I. Yardley County Clerk

Also Present:

Dennis A. Lowder County Auditor

Dennis W. Ayers County Assessor

Dixie B. Matheson County Recorder

Merna H. Mitchell County Treasurer

David W. Benson County Sheriff

Steve Platt County Engineer

Chad Nay Zoning Administrator

Doug Wilson Data Processing Coordinator

SYNOPSIS :

APPROVAL OF MINUTES - January 11, 1999 2

Dennis Stowell 3

APPROVAL OF WARRANTS & ADJOURN 7

BOARD APPOINTMENT - PLANNING & ZONING COMMISSION 5

Darwin Hulet 5

CAPITAL IMPROVEMENT PROJECTS LIST UPDATE 5

CELL PHONE ALLOWANCE - COMMISSIONERS 5

ELECTED OFFICIALS REPORTS 2

David Benson 2

Dennis Ayers 2

Dennis Lowder 2

Doug Wilson 2

Gene Roundy 2

Lois Bulloch 2

Merna Mitchell 2

Scott Burns 3

Steve Platt 2

EMERGENCY PREPAREDNESS COMMITTEE 5

MIDVALLEY ROAD REALIGNMENT 4

OPEN MEETING LAW DISCUSSION 5

PERSONNEL - EXECUTIVE SESSION 3

PHONE SYSTEM - SHERIFF'S OFFICE AND CORRECTIONS 3

RESOLUTION 99-1 - LEASE PURCHASE AGREEMENT 5

RESOLUTION 99-2 PERSONNEL POLICY AMENDMENTS 3

THREE PEAKS RESERVATION - 4-WHEELER GROUP 3







APPROVAL OF MINUTES - January 11, 1999 :

Minutes of the Iron County Commission meeting held January 11, 1998 were approved as amended on a motion by Lois Bulloch. Second was by Gene Roundy. Voting: Dennis Stowell, Aye; Lois Bulloch, Aye; Gene Roundy, Aye.

ELECTED OFFICIALS REPORTS :

Merna Mitchell reported that she has been elected president of the Utah Association of Counties Treasurer's Affiliate. As the president she will be attending the New Elected Officials workshop and will conduct training for new Treasurers.

Dennis Lowder reported that the Auditor's Office was finishing up 1998 accounts in preparation for starting to process 1999 accounts. Dennis also explained to the Commissioners that each one of them need to review and sign the warrant list.

Doug Wilson reported that the Courthouse computer systems should all be year 2000 compliant and that testing was continuing. Commissioner Stowell suggested to Doug that all systems should be examined including elevators, phones, heating and cooling systems, dispatch and radio systems, etc to make sure they were Y2K compliant.

Steve Platt reported that a bid package was being prepared to supply crushed gravel for use by the Road Department in Parowan. This will be advertised and distributed as soon as possible. Steve also reported that the Class B Road mileage has been updated and submitted to the State for approval.

David Benson reported that there is a problem with the underground storage tank at the Iron County/Utah State Correction Facility. The tank has not been certified, therefore it needs to be removed. This will be discussed by the management board of the facility to determine the best way to proceed.

Dennis Ayers reported on pending legislation that was of a concern to Assessor's and also several bills that could affect the County. These included jail reimbursement procedure, farmland assessment act (Green Belt) amendments, and a bill regarding taxing of snowmobiles.

Lois Bulloch reported that she had been contacted by Art Brothers, president of Beehive Telephone regarding the County policy on encroachment permits. Mr. Brothers was under the impression that an encroachment permit was not required in Cedar Highlands subdivision because the roads are not maintained by the County.

Lois also discussed the procedure to be followed in hearing appeals regarding a conditional use permit issued to Circle 4 Farms. At this time, two appeals have been filed, one by Todd Macfarlane representing several individuals and the second by A. True Ott. A hearing has been scheduled for February 8, 1999 to hear the appeals.

Lois reported that she had attended a meeting of the Emt's and she complimented them on the professional and quick service they provide. In December there was an accident near the Kanarraville exit that involved 17 people. The ambulance crews had all of the victims to the hospital within 25 minutes.

Gene Roundy reported that Southwest Center (Southwest Mental Health) was in the process of selecting an architect to design a new building near the Valley View Medical Center which would consolidate all mental health services into one location. At the present time they are located in different buildings throughout Cedar City and they do not have enough room to provide all of the needed services.

Dennis Stowell reported that projects considered and approved for funding by the CDBG grants for 1999-2000. Projects in Iron County that received funding included the Paragonah water tank and one by Parowan for engineering services for improvements to the six mile spring. The garage at the Cedar City Senior Citizen Center was not funded.

Scott Burns reported that the firm of Park and Barnes would be handling parental termination cases as public defenders for 1999.

The trial of Taberon David Honie is set for May 17, 1999. He expects the County to start to receive monthly billings for contract defense attorneys prior to the start of the trial.

Scott also reported that the tax exempt status of Intermountain Health Care was being challenged. This may result in a court proceeding to determine their tax status.

THREE PEAKS RESERVATION - 4-WHEELER GROUP :

A group of 4-wheel enthusiasts represented by Tom Barkume approached the Commission to request the use of the Three Peaks Recreation Area for the weekend of May 27 - 31. Commissioner Bulloch, Chad Nay and Alan Wade will tour the area with Mr. Barkume after the meeting today. Chad Nay recommended that the group apply for a conditional use permit in compliance with the County Zoning Ordinance. Commissioner Bulloch was asked to report back to the Commission at the next commission meeting with a recommendation.

PHONE SYSTEM - SHERIFF'S OFFICE AND CORRECTIONS :

Gene Roundy and Sheriff Benson reported on the need to upgrade the phone system at the Sheriff's Office and the Jail. The current system is not year 2000 compliant and because it is obsolete, it is very difficult to get parts to repair it. Also the facility needs additional lines. The current system only has two lines.

David Yardley was asked to send out a RFP for a new system. Iron County/ Utah State Correction Facility and the Sheriff's Department will supply the needs and specifications for the system.

PERSONNEL - EXECUTIVE SESSION :

Lois Bulloch made a motion to convene in executive session to discuss personnel issues. Second was by Gene Roundy. Voting: Dennis Stowell - Aye; Gene Roundy - Aye; Lois Bulloch - Aye.

The Commission reconvened in open session after which the following action was taken:

Claire Dalton was authorized to formulate a job description and have it evaluated for a special function officer supervisor. This position will coordinate court bailiff assignments. The job description will then be presented to the Commission for their approval.

RESOLUTION 99-2 PERSONNEL POLICY AMENDMENTS :

A Resolution adopting amendments to the Iron County Personnel Policy was approved on a motion by Lois Bulloch, second by Gene Roundy. Voting: Dennis Stowell - Aye; Gene Roundy - Aye; Lois Bulloch - Aye.





RESOLUTION 99-2



A RESOLUTION ADOPTING CERTAIN SECTIONS OF UTAH CODE AS A PART OF THE IRON COUNTY PERSONNEL POLICY





WHEREAS, Iron County has adopted a personnel policy which is amended from time to time as needed; and



WHEREAS, Utah State Code has adopted certain procedures for County Officials and County Employees which are not included in the Iron County Personnel Policy;



NOW THEREFORE BE IT RESOLVED as follows:



Section 1. Title 17 Chapter 16a. County Officers and Employees Disclosure Act is hereby adopted as an official policy of Iron County.



Section 2. Title 63 Chapter 2 Government Records Access and Management Act is hereby adopted as an official policy of Iron County.





THEREUPON, the foregoing resolution was adopted by the following vote:



Aye: Dennis E. Stowell

Gene E. Roundy

Lois L. Bulloch



Nay: None



IN WITNESS WHEREOF, the undersigned have subscribed their official signatures and impressed Buyer's official seal this 25th day of January, 1999.





IRON COUNTY





Chairman: /s/ Dennis E. Stowell

Dennis E. Stowell

Iron County Commission

(SEAL)



ATTEST: /s/ David I. Yardley

David I. Yardley, County Clerk



MIDVALLEY ROAD REALIGNMENT :

Chad Nay discussed a proposed realignment of Midvalley Road on Section 7, Township 35 South, Range 11 West, SLB&M. The road does not follow the section line and does not follow the roadway described on adjacent subdivision plats. The property owner has agreed to deed a 33 foot right of way along his south boundary if the road could be straightened. The matter was referred to Commissioner Stowell and Steve Platt to see if a realignment would be feasible.

EMERGENCY PREPAREDNESS COMMITTEE :

Ira Schoppmann and David Bentley have decided not to continue as members of the emergency preparedness committee. David Yardley was asked to write a letter of appreciation for the many years of service to the County they have provided.

Gene Roundy made a motion to recognize Sheriff Benson as the chairman of this committee and to appoint Vern Grimshaw as the Assistant Chairman for a four year term. Second was by Lois Bulloch. Voting: Dennis Stowell - Aye; Gene Roundy - Aye; Lois Bulloch - Aye.

CELL PHONE ALLOWANCE - COMMISSIONERS :

The Commission discussed the use of cell phones by Commissioners. It was determined that a $50.00 per month allowance would be provided to each Commissioner for cell phone use. Any additional expense could be brought to Commission meeting for review and approval. A motion to approve the allowance was made by Gene Roundy. Seconded by Lois Bulloch. Voting: Dennis Stowell - Aye; Gene Roundy - Aye; Lois Bulloch - Aye.

OPEN MEETING LAW DISCUSSION :

Scott Burns discussed and explained the open meeting law as written in Utah Code Section 52-4. He informed the Commission that any meeting where decisions are made should be posted as required and the public allowed to attend. He explained the reasons a meeting could be closed which include 1. Discussion of character, professional competence, or physical or mental health of an individual. 2. Strategy sessions to discuss collective bargaining. 3. Strategy sessions to discuss pending or imminent litigation. 4. Strategy sessions to discuss certain County real estate transactions.

Chance meetings are not included as long as County business is not conducted.

BOARD APPOINTMENT - PLANNING & ZONING COMMISSION :

The Commission approved the appointment of Darwin Hulet to the Planning and Zoning Commission to fill the unexpired term of Craig Clark. Mr. Hulet's term will expire in February, 2000. The motion to approve was made by Lois Bulloch. Second by Gene Roundy. Voting: Dennis Stowell - Aye; Gene Roundy - Aye; Lois Bulloch - Aye.

CAPITAL IMPROVEMENT PROJECTS LIST UPDATE :

The Commission reviewed the Capital Improvement list which may be approved for Community Impact Board funding. Lois Bulloch made a motion to add a Cedar City project for storm drains from 200 South to 200 North on 800 West to the list of projects. It is anticipated that this project could be done in 1999. Second was by Gene Roundy. Voting: Dennis Stowell - Aye; Gene Roundy - Aye; Lois Bulloch - Aye.

RESOLUTION 99-1 - LEASE PURCHASE AGREEMENT :

An agreement to lease/purchase a garbage truck for use by Iron County SSD # 1 was approved on a motion by Gene Roundy. Second was by Lois Bulloch. Voting: Dennis Stowell - Aye; Gene Roundy - Aye; Lois Bulloch - Aye.

RESOLUTION NO. 99-1



A RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF AN EQUIPMENT LEASE PURCHASE AGREEMENT WITH FIRST SECURITY BANK, N.A., AND RELATED MATTERS





WHEREAS, Iron County, Utah a political subdivision of the State of Utah, is authorized to enter into contracts to acquire personal property in the public interest and desires to acquire certain personal property necessary for it to perform essential governmental functions; and



WHEREAS, in order to do so, it proposes to enter into that certain Master Equipment Lease/Purchase Agreement and related documents, including one or more Lease/Purchase Supplements and Acceptance Certificates (collectively the "Agreement") with First Security Bank, N.A. ("Seller"), as presented at this meeting; and



WHEREAS, the Governing Body deems it in the best interest of this political subdivision and its inhabitants to enter into the Agreement;



NOW, THEREFORE, be it and it is hereby resolved as follows:



Section 1. The provisions of all documents which constitute the Agreement are approved in substantially the form presented at this meeting, with such minor changes as may be approved by the authorized officers executing them, the execution thereof being conclusive evidence of such approval. The Chairman and the County Commission are authorized and directed to sign the Agreement and affix the seal of this political subdivision thereto, and the officers and employees of this political subdivision are authorized and directed to take all action reasonably required to carry out the transactions contemplated by the Agreement.



Section 2. Neither a breach of the Agreement nor anything therein or herein shall be construed as creating a debt within the meaning of any constitutional or statutory limit.

Section 3. The Agreement is designated as a "Qualified Tax-Exempt Obligation" within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended.



Section 4. If any provision hereof shall be invalid, such invalidity shall not affect any of the remaining provisions. This Resolution shall be effective immediately upon its adoption.



THEREUPON, the foregoing resolution was adopted by the following vote:



Aye: Dennis E. Stowell

Gene E. Roundy

Lois L. Bulloch



Nay: None



IN WITNESS WHEREOF, the undersigned have subscribed their official signatures and impressed Buyer's official seal this 25th day of January, 1999.





IRON COUNTY





Chairman: /s/ Dennis E. Stowell

Dennis E. Stowell

Iron County Commission

(SEAL)





ATTEST: /s/ David I. Yardley

David I. Yardley, County Clerk



APPROVAL OF WARRANTS & ADJOURN :

After the bills were reviewed and approved or rejected, the meeting was adjourned at 3:30 p.m. on a motion by Lois Bulloch. Second was by Gene Roundy. Voting Dennis Stowell, Aye; Lois Bulloch, Aye: Gene Roundy, Aye.







/s/ Dennis E. Stowell

Signed: Dennis E. Stowell, Chairman





/s/ David I. Yardley

Attest: David I. Yardley

County Clerk