Minutes of the Iron County Commission meeting held May 14, 2007 were approved as amended on a motion by Lois Bulloch. Second was by Alma Adams. Voting: Wayne Smith, Aye; Lois Bulloch, Aye; Alma Adams, Aye.

ELECTED OFFICIALS REPORTS :

Gene Adams reported that the annual tax sale went well. All properties received bids except the campsites which were struck off to the County because of undivided interests in the parcels. Gene also reported that the Auditor’s Office is working on the depreciation schedule for County properties as required by GASBY 34 auditing standards.

Erik Jorgensen reported that the Justice Court is getting caught up on data conversion and data input. The new software system appears to be working well and upon installation of an upgrade scheduled for July 1 most problems should be solved. Credit card swipe devices have been installed at each computer terminal allowing for quicker transactions by customers.

Patsy Cutler reported that the book repair company she hired to repair the Recorder’s books has completed their work for 2007. They will return in 2008 and complete the needed repairs as needed. She commented on the excellent work the company does in repairing the books on site.

Geri Norwood reported that the annual tax sale generated $367,700 in total sales. Of this amount $32,977 will accrue to the County and local entities and $334,723 will be excess collections which will eventually be forwarded to the State Treasurer.

Dennis Ayers reported that the Assessor’s Office is working on the assessment roll for 2007. Some factoring is being completed to reflect changes in market value in 2006. Work should be completed by the end of this week ready to submit to the Auditor.

David Yardley reported on proposed federal legislation which will require an archival quality paper trail for ballots. This would make our existing machines unuseable as there is not a printer that utilizes such paper. The only approved system currently is an optical scan system that would necessitate huge changes nation wide.

Lois Bulloch reported that Mesa Airlines has announced their plan to withdraw from serving Iron County and Cedar City. She also reported that due to quality of service, enplanements are down 30% over previous years which in turn results in funding cuts for the airport. It is hoped that Skywest Airlines can pick up the service and return to the level of service offered prior to the change to Mesa Airlines.

Lois also reported that Gene Roundy has been asked to chair the shooting range committee to replace Rick Holman. Rick has been transferred to a different position as Public Works director for Cedar City and no longer has time to serve as chairman on the shooting range committee.

Alma Adams reported that the TV department is soliciting bids to construct a communications building and tower base at Levan Peak. This will separate Iron County and Southwest Utah TV service from service managed by Sevier County. This will provide better management of the TV service to our area.

Mark Gower reported that because of the memorial day weekend, the Sheriff’s Office has been kept busy with calls for service. There was a motorcycle accident at a moto cross track near Iron Springs in which a 13 year old girl from Las Vegas was killed.

Kevin Thurman reported on a use agreement between Iron County and Cedar City regarding use of the Festival Hall. The Commissioners requested copies of the agreement for their review.

Kevin also discussed billing procedures from Entrix for development of the HCP for prairie dogs. Complete documentation has not been submitted on past billings. Kevin will contact Entrix to request proper documentation.

PRELIMINARY PLAT APPROVAL THE PARKS AT DEER HOLLOW :

Chad Nay presented a preliminary plat entitled Deer Hollow Subdivision Phase 1 located at approximately 1900 West and Mid Valley Road, Cedar City, more particularly located within Sec 15, T35S, R11W. Due to a name conflict with an existing subdivision in Parowan, the final plat will reflect a name change to The Parks at Deer Hollow Subdivision, Phase 1. Chad also discussed a request for a variance on utility easement requirements and for lot # 60 which has an application before the Planning Commission to be zoned commercial. Chad reported that the Planning Commission has recommended approval of the proposed preliminary plat.

Reed Erickson discussed the designated alley ways which will not be dedicated to the public and which will be used for access to the homes. All vehicle access to garages in the subdivision will be from the rear of the lots along with garbage pickup. There will be street parking but will not provide driveways into the front of the lots.

The issue of road maintenance and winter snow removal was discussed. The County will be responsible to plow snow on the dedicated streets but will not plow alleys.

Lois Bulloch made a motion to approve the preliminary plat of The Parks at Deer Hollow Subdivision Phase 1 with a variance on utility right of way widths and eliminating lot 60 from the subdivision plat and subject to the final approval of a development agreement. Second by Alma Adams. Voting: Wayne Smith, Aye; Lois Bulloch, Aye; Alma Adams, Aye.

PRELIMINARY PLAT APPROVAL CEDAR MOUNTAIN VIEW ESTATES :

Chad Nay presented for approval a proposed preliminary plat of Cedar Mountain View Estates located approximately 2300 West and 3700 North, Cedar City more particularly located within Sec 21, T35S, R11W. The developer also requested a variance for width of utility easements within the subdivision which will consist of 106 lots. The Planning Commission has recommended approval of the preliminary plat with the requested variance on width of utility easements.

Lois Bulloch made a motion to approve the preliminary plat of Cedar Mountain View Estates with the requested utility easement width. Second by Alma Adams. Voting: Wayne Smith, Aye; Lois Bulloch, Aye; Alma Adams, Aye.

RESOLUTION 2007-6 VOTER CONFIDENCE BILL :

David Yardley presented Resolution 2007-6 in opposition to HR 811 titled the Voter Confidence and Increased Accessibility Act of 2007. He explained that the current Utah voting system will not meet the standards outlined in the proposed bill and would cost the State of Utah and Iron County a huge amount of money to replace the current election system. It would also cost a large amount of time and training of poll workers to implement a new voting system in such a short time frame.

Lois Bulloch made a motion to adopt the following resolution in opposition of the Proposed “Voter Confidence and Increased Accessibility Act of 2007" (HR811). Second by Alma Adams. Voting: Wayne Smith, Aye; Lois Bulloch, Aye; Alma Adams, Aye.

IRON COUNTY

RESOLUTION 2007-6

A Resolution by the Iron County Board of Commissioners expressing its disapproval of the proposed “Voter Confidence and Increased Accessibility Act of 2007” (HR 811).

WHEREAS, the United States House of Representatives of the 110^th Congress is considering a bill titled the “Voter Confidence and Increased Accessibility Act of 2007” (HR811); and

WHEREAS, the effect of the Bill, if adopted, would be to render the current DRE electronic voting machines used by Iron County, and other counties throughout the State of Utah unlawful, and require a change to a new voting system; and

WHEREAS, in an independent election survey of voters in the Utah 3^rd Congressional District primary election using the DRE voting machines, conducted by the BYU “Center for the Study of Elections and Democracy”, 95% of the respondents surveyed felt somewhat confident, or very confident that their ballot would be counted accurately; and

WHEREAS, Iron County currently has 130 DRE electronic voting machines valued at over Four Hundred Fifty Thousand dollars ($450,000.00), and has invested additional funds to warehouse said machines, revamp election processes to accommodate said machines, and train election personnel on the use of the machines; and

WHEREAS, change to a new voting system would actually erode voter confidence in the election process, and burden Iron County with additional expenses associated with a change to another new voting system;

NOW, THEREFORE, BE IT RESOLVED, that the Iron County Board of Commissioners does express its opposition to HR811, currently before the 110^th Congress; and

BE IT FURTHER RESOLVED, that the Iron County Board of Commissioners urges the 110^th Congress, and in particular the Senators and Representatives serving the citizens of Iron County, and the State of Utah to reject HR811.

Adopted this the 28^th day of May, 2007.

Iron County Board of Commissioners

Wayne A. Smith, Chairman

Lois L. Bulloch, Commissioner

Alma L. Adams, Commissioner

Attest:

___________________________

David I. Yardley, County Clerk

NUISANCE ISSUES R.T. MARTIN :

Kevin Thurman discussed issues associated with the clean up of trash and debris in Winterwood Subdivision near Summit as requested by R.T. Marten. A resident has hauled in some old trailers and mobile homes and stored them on Mr. Marten’s property and in adjoining streets. Mr Marten has requested County help in cleaning the area up due to health and safety issues. The offending property owner is scheduled for sentencing on a related charge in Justice Court on June 5.

The matter was referred to the County Attorney and Building Inspector’s for follow up through the nuisance ordinance.

HUMAN RESOURCE MATTERS :

Colette Eppley presented two transfers within the Sheriff’s Department for approval. Nick Barth has been transferred from Patrol to Corrections, a lateral transfer and David Fisher has been transferred from Corrections to Patrol. Mr. Fisher is currently attending POST to become certified.

Lois Bulloch made a motion to approve the transfers as presented. Second by Alma Adams. Voting: Wayne Smith, Aye; Lois Bulloch, Aye; Alma Adams, Aye.

DISCUSSION ON MUNICIPAL SERVICE FEES :

Reed Erickson made a power point presentation regarding the proposed Municipal Service fees which will be collected by the Iron County Service District # 2. He explained the purpose of the proposed service area and the services which will be provided by the district. A public hearing is scheduled on the proposed special service area. Services to be provided include fire and law enforcement along with other services as outlined in Utah Code. No action was required by the Commission at this time.

CORREY VONBERG GRAMA APPEAL :

Kevin Thurman reported that Correy VonBerg has requested through a GRAMA appeal, information already supplied. He has also requested information not available through the Attorney’s office or other County law enforcement agencies. Lois Bulloch made a motion to deny the GRAMA request of Correy VonBerg and to authorize the County Attorney’s office to draft a letter to Mr. VonBerg for Commissioner Smith’s signature. Second by Alma Adams. Voting: Wayne Smith, Aye; Lois Bulloch, Aye; Alma Adams, Aye.

PRAIRIE DOG MATTERS :

The Commission discussed progress in drafting of a lands bill for Iron County which will provide for the purchase and exchange of lands for a permanent prairie dog habitat. Randy Johnson is preparing the appropriate language. As the draft progresses and is presented to Utah’s congressional delegation, it may require additional funds for travel for Mr. Johnson. No action needed by the Commission at this time.

The Commission also discussed with Colette Eppley concerns with over time and supervision of prairie dog technicians and concerns of State Risk Management concerns with County employees driving State vehicles. The Commission will request a stewardship report from Blaine Cox regarding hours worked and procedure for time accounting. The issue with driving of State vehicles will be discussed further with DWR personnel.

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 Alma Adams. Voting: Wayne Smith, Aye; Lois Bulloch, Aye; Alma Adams, Aye.

Signed: Wayne A. Smith, Chairman

Attest: David I. Yardley

County Clerk