IRON COUNTY COMMISSION MEETING

May 27, 2008


            Minutes of the Iron County Commission meeting convened at 9:00 a.m. May 27, 2008 in Commission Chambers at the Iron County Courthouse, Parowan, Utah.

 

            Officers in attendance included:

                        Lois L. Bulloch                                   Commission Chair

                        Wayne A. Smith                                Commissioner

                        Alma L. Adams                                  Commissioner

                        Scott F. Garrett                                   County Attorney

                        David I. Yardley                                 County Clerk

Also Present:

                        H. Eugene Adams                               County Auditor

                        Dennis W. Ayers                                County Assessor

                        Patsy T. Cutler                                    County Recorder

                        Geraldine S. Norwood                        County Treasurer

                        Mark O. Gower                                  County Sheriff

                         

SYNOPSIS :

ANIMAL SHELTER BID APPROVAL

APPEAL OF EXEMPTION DENIAL FOUR SQUARE CHURCH

APPROVAL OF MINUTES May 12, 2008

APPROVAL OF WARRANTS & ADJOURN

CLOSED MEETING

ELECTED OFFICIALS REPORTS

GRAMA DOCUMENT CLASSIFICATION

IRON COUNTY PLANNING COMMISSION REPORTS

IRON COUNTY SHERIFF

ITS DEPARTMENT INTERNET PUBLICATION

OFF PREMISES ADVERTISING SIGN

PERSONNEL MATTERS

PERSONNEL POLICY UPDATE APPROVAL

PLAT MAP BIDS

PLEDGE OF ALLEGIANCE

REQUEST TO VACATE AND AMEND SUBDIVISION LOT


PLEDGE OF ALLEGIANCE :

            Those assembled were led in the pledge of allegiance by David Yardley.

APPROVAL OF MINUTES May 12, 2008 :

            Minutes of the Iron County Commission meeting held May 12, 2008 were approved as amended on a motion by Wayne Smith. Second was by Alma Adams. Voting: Lois Bulloch, Aye; Wayne Smith, Aye; Alma Adams, Aye.

ELECTED OFFICIALS REPORTS : 

            Gene Adams reported that the annual tax sale was conducted on May 24. The majority of the parcels were sold to individuals. However, there were a few parcels that were struck off to the County. Sale prices were not as high as in past sales.

            Patsy Cutler reported that she had attended a meeting with the National Association of County Recorders and Clerks held in St George in conjunction with the Western Interstate Regional Conference of NACO.

            Dennis Ayers reported that the tax roll for 2008 is nearing completion. It should be ready to turn to the Auditor by the end of the week. Dennis also discussed a concern with how to value properties with a prairie dog infestation. The lots are selling at fair market value but cannot be developed because of prairie dog conflicts which makes the property less valuable as an investment.

            Eric Jorgensen discussed the posting of information on the internet. The consensus of elected officials appears to be if the record is public and does not contain personal information then there is no problem with making the records available on the internet. Lois Bulloch read a letter received from the Sheriff’s Department thanking and commending the IT Department for the work they have done and the support provided to law enforcement agencies.

            Kal Kahler reported that the Water Conservancy District discussed providing service to the Rainbow Meadows Ranchos subdivision near Brian Head. This subdivision is out of their jurisdiction and it is doubtful that they can provide service to the area. Kal also reported that the District was discussing septic tank usage in the County. The Commission commented that this is outside the scope of their jurisdiction and the matter may be discussed with CICWCD personnel.

            Scott Garrett reported that Tyler Romeril has been offered employment as a Deputy County Attorney pending Commission approval.

            Alma Adams reported that there has been discussion of the fire warden position being trained as a law enforcement officer through POST. No action has been taken on this issue at this time.

            Wayne Smith discussed the need to set up a meeting with the Sheriff, Bob Holt and the Wood family in Beryl to work out a compromise to a road issue including stop signs and speed limits on rural roads. This has been an issue for several years and some reasonable compromise needs to be found.

            David Yardley reported that the primary election is nearing. There will be a state wide Republican primary for State Treasurer along with a non partisan race in Local School Board District 1 and a County wide school bond issue. The election is scheduled for June 24. 

IT DEPARTMENT INTERNET PUBLICATION :

            Erik Jorgensen explained to the Commission the publication of information on internet. It is proposed to limit information on law enforcement officers, judges, and other public officials. Copies of actual documents will not be available.

            Scott Garrett commented that public information on public records is acceptable as long as any personal information is not made available.

            Alma Adams made a motion to authorize the IT Department to publish to the internet public record documents provided no personal information is included and also to authorize the removal of all law enforcement personnel, judges, and other public official information. Second by Wayne Smith. Voting: Lois Bulloch, Aye; Wayne Smith, Aye; Alma Adams, Aye.

IRON COUNTY SHERIFF :

            Brett Allred, Jail Commander, discussed the need to update jail policy and procedure manuals. Gary DeLand has submitted a bid to update policy to current standards over a three-year period for $48,000. Scott Garrett explained that policies need to be kept current with updated standards reflecting current case law.

            Wayne Smith questioned if there is policy available from other sources for a reduced cost. This may be in the form of policy from other jail facilities which could be adapted to our facility at little or no cost. He suggested that the insurance company, UCIP, be contacted to see if they have any policy available.

            Alma Adams made a motion to table action on this request to allow additional information to be gathered regarding available public policies which may be available for adaptation to our facility. Second by Wayne Smith. Voting: Lois Bulloch, Aye; Wayne Smith, Aye; Alma Adams, Aye.

IRON COUNTY PLANNING COMMISSION REPORTS :

            A letter from Chad Nay and discussion by Reed Erickson reporting on a Conditional Use Permit request by Frances Bolton for construction of a Guest Home on their lot in Meadows Ranch Subdivision on a 20 acre parcel was presented to the Commission. A concern with access on 5700 West, a proposed major connector road was discussed. This item will be on the next Planning Commission agenda for approval.

            Reed also reported that Wasatch Wind has requested a Conditional Use Permit to construct three MET towers to measure and record wind conditions to determine if the selected areas are suitable for construction of a wind energy farm. The towers are 228 feet high and will be a guy wired for support similar to a radio transmit tower. The monitoring will be conducted for a period of three to five years.

OFF PREMISES ADVERTISING SIGN :

            A request to allow construction of an advertising sign on property near the Kanarraville exit located at 4195 S Graff Farm Frontage Road within Section 11, Township 37 South, Range 12 West SLB&M was presented for approval. The Planning Commission has reviewed the request and has recommended approval provided State approval can be obtained. Wayne Smith made a motion to approve the construction as recommended by the Planning Commission provided that required State permits can be obtained. Second by Alma Adams. Voting: Lois Bulloch, Aye; Wayne Smith, Aye; Alma Adams, Aye.

REQUEST TO VACATE AND AMEND SUBDIVISION LOT :

            A request by Dirk Van Amen to subdivide a subdivision lot into two parcels was referred to the Planning Commission for a recommendation on a motion by Alma Adams. Second by Wayne Smith. Voting: Lois Bulloch, Aye; Wayne Smith, Aye; Alma Adams, Aye. Mr. Van Amen is to submit the appropriate application and documentation for Planning Commission action.

PERSONNEL MATTERS :

            Colette Eppley presented for approval new employees’ Tyler Romeril as a Deputy Attorney and Lawrence Pailes as a Council on Aging driver in Cedar City. Alma Adams made a motion to approve the new employees as presented. Second by Wayne Smith. Voting: Lois Bulloch, Aye; Wayne Smith, Aye; Alma Adams, Aye.

            Colette also presented a position transfer request for Adam Burton to transfer from Corrections to Patrol in the Sheriff’s Department. This is a lateral transfer with no change in pay status. Alma Adams made a motion to approve the transfer as requested. Second by Wayne Smith. Voting: Lois Bulloch, Aye; Wayne Smith, Aye; Alma Adams, Aye.

            Colette also presented for approval promotion of the following people from EMT Basic to EMT Intermediate in the Ambulance Department: Rick Perkins, Kristi Bruce, Brandon Franta, Douglas Higgins, Amanda Kuypers, Jared Malone, Nancy Robinson, Daniel Abbott, Thomas DeMille, and Stephanie Munford. Alma Adams made a motion to approve the promotions as presented. Second by Wayne Smith. Voting: Lois Bulloch, Aye; Wayne Smith, Aye; Alma Adams, Aye.

PERSONNEL POLICY UPDATE APPROVAL :

            The Commission recalled from the previous meeting, consideration of Section 30 I (3) of the Personnel Policy regarding post accident drug testing requirements. The section has been reviewed by Department Supervisors and all appear to be in favor of the policy. Alma Adams made a motion to approve Section 30 I (3) of the Personnel Policy as presented. Second by Wayne Smith. Voting: Lois Bulloch, Aye; Wayne Smith, Aye; Alma Adams, Aye.

GRAMA DOCUMENT CLASSIFICATION :

            Scott Garrett, County Attorney, reported a GRAMA request submitted by a State Convict for personnel and/or medical records of certain County employees. Under GRAMA the Commission may designate certain records with personal information as protected or controlled. He explained that releasing these records could result in harm to the employees.

            Wayne Smith made a motion to designate personnel records as protected and medical records as controlled under GRAMA regulations. Second by Alma Adams. Voting: Lois Bulloch, Aye; Wayne Smith, Aye; Alma Adams, Aye.

CLOSED MEETING :

            Alma Adams made a motion to convene in a closed session in accordance with Utah Code 52-4-205 et. Seq. for the purpose of discussing pending or reasonably imminent litigation. Second by Wayne Smith. Voting: Lois Bulloch, Aye; Wayne Smith, Aye; Alma Adams, Aye.

            After reconvening in open session the Commission reported that pending legal action was discussed which needed no action by the Commission at this time.

PLAT MAP BIDS :

            David Yardley reported that no bids have been received for old sets of plat maps which have been declared surplus.

ANIMAL SHELTER BID APPROVAL :

            Bids were opened for construction of several elements of an animal shelter to be constructed at Iron Springs. After reviewing the bids, and a recommendation of the architect, to reject key elements of the project, Wayne Smith made a motion to reject all bids on the project at this time to allow for review of the plans and project. Second by Alma Adams. Voting: Lois Bulloch, Aye; Wayne Smith, Aye; Alma Adams, Aye.

APPEAL OF EXEMPTION DENIAL FOUR SQUARE CHURCH :

            Christene Keene reported that the Four Square Church has requested reconsideration of their request for tax exemption on portions of a building they have purchased in Cedar City. Christene explained that the request for exemption was filed more than a month late even after sending certified letters and phone conversations with the Pastor informing them of the deadlines as required by State Code.

            A representative of the church asked that the Commission consider their situation and make an exception to the code and grant their exemption request. The Commission explained that requirements are dictated by State Code and all churches are required to abide by the same rules. Alma Adams made a motion to deny the appeal to grant an exception to the filing deadline as required in State Code. The previous action to deny a tax exemption will stand for 2008. Second by Wayne Smith. Voting: Lois Bulloch, Aye; Wayne Smith, Aye; Alma Adams, Aye.

APPROVAL OF WARRANTS & ADJOURN :

            After the bills were reviewed and approved or rejected, the meeting was adjourned at 3:00 p.m. on a motion by Wayne Smith. Second was by Alma Adams. Voting: Lois Bulloch, Aye; Alma Adams, Aye; Wayne Smith, Aye.

 

 

Signed: Lois L. Bulloch, Chair

 

 

 

                                                             

Attest: David I. Yardley

County Clerk