Minutes of the Iron County Commission meeting held April 27, 2009 were approved as amended on a motion by Lois Bulloch. Second was by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.

ELECTED OFFICIALS REPORTS :

Kal Kahler reported that the Central Iron County Water Conservancy District has received a Resolution from Cedar City regarding water hookups outside of the City’s jurisdiction. The Board stated that hookups are paid by residents receiving the service. Major infrastructure is paid from proceeds from a tax levy on the whole District.

Kal also reported that the regular meeting schedule has been changed to one meeting per month on the second Thursday.

Reed Erickson reported that a customer service training is being conducted by the Cedar City Chamber of Commerce on Friday, May 15. He requested permission to notice this to all offices and encourage County employees to participate.

Reed reported that an Energy Efficiency grant is being applied for. It will require a building study which Honeywell can provide which will identify areas which can be upgraded for greater energy savings.

Reed also reported that the Permanent Community Impact Board will be meeting at the Parowan Senior Center on June 11. The construction was partially funded through a loan from the PCIB.

Wayne Smith reported that funding of the 5700 West corridor project in Cedar City may have funding available for construction. Right of way acquisition is nearing completion. The route would connect the Kanarraville I-15 exit with a direct route to SR 56.

Lois Bulloch reported that Maria Twitchell will be attending a Transient Room Tax meeting at the Association of Counties building on May 14.

A ribbon cutting ceremony will be held at the Southern Utah University Business Resource Center on May 13 at 11:30 a.m. The Commissioners and Administrator are invited to attend.

Lois also reported that at the present time, the swine flu does not appear to be as virulent or dangerous as first thought. The concern is that it will resurface later this fall and be more destructive than the current strain.

Alma Adams reported that in conversations with Forest Service Officials which have changed the way wild fires are fought on Forests, the Forest Service will no longer fight structure fires. This will be left to local fire crews or the structures allowed to burn.

CENTRAL IRON COUNTY WATER CONSERVANCY DISTRICT UPDATE :

Scott Wilson and Kelly Crane representing Central Iron County Water Conservancy District presented a report on activities of the District. Kelly Crane reported on a study projecting growth in central Iron County through the year 2050. At current growth rates within annexation plans, the area will be in a 43,000 acre feet (AF) deficit for water needs. It will take an additional 10,000 acre feet (AF) to develop the industrial corridor along the railroad spur including Port 15.

Scott Wilson reported that the District has purchased a parcel near the college farm and adjacent to Westview Drive which will be developed into a park with water wise landscaping. This will help local residents understand ways to conserve water in installing their own landscaping.

The Commission discussed the proposed cost of further distributing water in the Three Peaks area. Due to the rocky area and the elevations in relationship to the existing water tank, it is estimated that the cost of improvements could run as high as $60,000.

Scott Wilson reported that the water distribution system has been extended into the Sky View Subdivision just west of Lund Highway on Midvalley Road. There will be a tank party to demolish the old water tank that has had problems for years. The Commission was invited to attend the demolition party.

PRAIRIE DOG MITIGATION BANK DISTRIBUTION OF TAKE:

Blaine Cox, Division of Wildlife Resources Biologist, met with the Commission to allocate permanent take of prairie dogs under the Iron County HCP guidelines. Mr. Cox explained to those present, the procedure the County uses including limiting to ten dogs for any application during the current year. The County has up to 69.73 dogs to allocate from the HCP and 4.1 available from the SITLA Mitigation Bank for a total of 73.83 dogs. Applicants have the option to stay on the list for three years and may elect to pass if their project is not ready to move forward. After take is approved, continuous construction must begin within 90 days.

The following applications were taken in order of application as follows:

List Number Name Approved Take

56: Phil Schmidt 10 dogs (Kitty Hawk & Airport Rd)

64: David Tanner (SUU) 7.2 dogs (385 S 1275 W)

67: Monte Stratton 1.2 dogs (3550 W Hwy 56)

69: Jim Burgess 10 dogs (Northfield Rd S of 1425 N)

70: Les Childs 10 dogs (Lot 16 Equestrian Point Phase 5)

71: Les Childs 10 dogs (Lot 17 Equestrian Point Phase 5)

73: Heather Richmond 10 dogs (2017 E Saddleback, Enoch)

75: Les Childs 10 dogs (Equestrian Point Phase 14 )

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

Phil Schmidt also requested permission to buy the SITLA Bank dogs at a cost of $2,100 each. Lois Bulloch made a motion to approve the sale of three SITLA Bank dogs to Phil Schmidt. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.

ESTABLISHING WEIGHT LIMITS ON CHIP SEALED ROADS:

Michael Edwards, Deputy Iron County Attorney, discussed with the Commission a request to establish an ordinance regarding weight limits on certain roads during spring or early summer months when the road base is not stable. Current County ordinances allow for posting weight limits as needed and approved by the Commission. The Attorney’s office will continue to review current code to determine if amendments need to be made.

RESOLUTION 2009-2 APPROVING CAFETERIA PLAN FOR 2009 :

Vicki Nielsen, Human Resource Assistant, presented for approval resolution 2009-2 which authorizes National Benefit Services to provide a cafeteria plan for Iron County employees. Plan was presented during budget hearings and verbally approved. A resolution was not presented at that time.

Lois Bulloch made a motion to adopt Resolution 2009-2 approving National Benefit Services to provide County employees a cafeteria plan for calender year 2009. Second by Wayne Smith.

IRON COUNTY, UTAH

RESOLUTION 2009-2

May 11, 2009

A RESOLUTION OF THE IRON COUNTY, UTAH COMMISSION AUTHORIZING PARTICIPATION IN A DEPENDENT CARE FLEXIBLE SPENDING ACCOUNT AND HEALTH FLEXIBLE SPENDING ACCOUNT, AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, Iron County, Utah is a governmental entity established under the laws of the State of Utah, and governed by Utah State Code, Annotated 1953 as amended; and

WHEREAS, Iron County, Utah provides salary and benefits to County employees and therefore is designated as Employer; and

WHEREAS, Iron County, Utah has opted to participate in a Cafeteria Plan to offer employees to participate in a Dependent Care Flexible Spending Account and Health Flexible Spending Account effective January 1, 2009;

NOW THEREFOR, BE IT RESOLVED by the Board of County Commissioners of Iron County, Utah that the form of amended Cafeteria Plan including a Dependent Care Flexible Spending Account and Health Flexible Spending Account effective January , 2009 presented at this meeting is hereby approved and adopted and that the duly authorized agents of Iron County area hereby authorized and directed to execute and deliver to the Administrator of the Plan one or more counterparts of the Plan.

BE IT FURTHER RESOLVED that the Administrator shall be instructed to take such actions that are deemed necessary and proper in order to implement the plan and to set up adequate accounting and administrative procedures to provide benefits under the Plan.

BE IT FURTHER RESOLVED that the duly authorized agents of Iron County shall act as soon as possible to notify the employees of Iron County of the adoption of the Cafeteria Plan by delivering to each employee a copy of the summary description of the Plan in the form of the Summary Plan Description presented to this meeting, which form is hereby approved.

BE IT FURTHER RESOLVED that Exhibit “A” Iron County Government Cafeteria Plan and Exhibit “B” Iron County Government, Cafeteria Plan Summary Plan Description respectively are true copies of the plan descriptions approved and adopted in the foregoing resolutions.

Passed and adopted by the Board of County Commissioners of Iron County, Utah this 11^th day of May, 2009.

IRON COUNTY BOARD OF COUNTY COMMISSIONERS

Alma L. Adams, Chairman

ATTEST:

_________________________________

David I. Yardley, Iron County Clerk

VOTING:

Alma L. Adams Aye

Lois L. Bulloch Aye

Wayne A. Smith Aye

PERSONNEL MATTERS :

Vicki Nielsen presented for approval a position justification and workforce assessment approval for a part time custodian at the Parowan Senior Citizen Center. This is not a new position which was recently vacated by the resignation of Tena Day. Wayne Smith made a motion to approve the position justification and workforce assessment for a part time custodian. Second by Lois Bulloch. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.

The Senior Citizen Director has recommended that Carlos Ordonez, a current employee, be hired for the position. The appointment would be in addition to his current job but would not result in more than 30 hours per week. Lois Bulloch made a motion to approve the hiring of Carlos Ordonez as a part time custodian at the Parowan Senior Citizen Center. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.

Vicki also presented for approval a volunteer Emergency Management / Parks and Recreation worker. The position will be funded through Workforce Service with no expense to the County. Jess Claymore is the proposed volunteer. Lois Bulloch made a motion to approve Jess Claymore as a County Volunteer in the Emergency Management / Parks and Recreation Department. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.

Reed Erickson discussed temporary positions at the Landfill. He requested that the Commission ratify temporary addition of job duties and wage adjustments for K C Fiack as the temporary Landfill Supervisor effective on the date of his appointment and also the temporary appointment of Alan Wade as the monitoring well technician at the Landfill. This appointment is for up to one year and wells are to be tested quarterly. Wayne Smith made a motion to ratify the temporary personnel changes for K C Fiack and Alan Wade with appropriate wage changes. Second by Lois Bulloch. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.

PUBLIC COMMENT PERIOD :

The Commission invited comments from the public. Those present however declined to offer a comment at this time.

BUDGET REVENUE REPORT 1^ST QUARTER 2009 :

Reed Erickson and Gene Adams reviewed with the Commission and Department Supervisors budget revenue and expenditures for the first quarter of 2009. Revenue is down slightly from previous years. Gene explained that some line items were created or moved which shows differences in expenditures from previous years. This should work out later in the budget year.

Reed explained that the Legislature passed a bill which requires Departments to have Commission approval to move funds from one line item to another. A County policy regarding the way funds are expended in Department budgets is being prepared.

WORKFORCE ASSESSMENT AND JUSTIFICATION POLICY :

Reed Erickson, Iron County Administrator presented a draft policy regarding workforce assessment and justification. He encouraged Department Supervisors to review the policy and submit any suggested modifications or concerns within the next week for consideration. The policy will be submitted for approval at the next Commission meeting.

CLOSED SESSION PENDING LITIGATION :

Wayne Smith made a motion to convene in closed session for the purpose of a strategy session to discuss pending or reasonably imminent litigation. Second by Lois Bulloch. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.

STATE OF UTAH )

) s.s.

COUNTY OF IRON )

I, Alma L. Adams, Chairman of the County Commission of Iron County, Utah hereby certify that the purpose of the Closed Meeting convened was conducted in accordance with Utah Code 52-4 et. seq. for the purpose of a strategy session to discuss pending or reasonably imminent litigation.

Dated this 11^th day of May , 2009.

Signed: Alma L. Adams, Chairman

Attest: David I. Yardley

County Clerk

After reconvening in open session, Commissioner Adams reported there was no action required by the Commission at this time.

PRAIRIE DOG MATTERS :

Wayne Smith discussed a concern voiced by Kip Smith regarding the invasion of prairie dogs onto a vacant lot in the Stillwater Estates Subdivision in Parowan. He explained that in order to develop an adjacent lot, some surplus dirt needs to be moved onto the vacant lot. Mr. Smith complained that he cannot get clearance to move the dirt due to prairie dogs on the vacant lot. The matter was referred to Wayne Smith and Blaine Cox to see if a solution can be reached.

BOARD APPOINTMENTS :

Tax Appeal Board: Wayne Smith made a motion to accept the recommendation of Commissioner Bulloch to appoint Glen Barker as a member of the Tax Appeal Board for a four year term to replace Kent Corry. Second by Lois Bulloch. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.

Planning Commission: Lois Bulloch made a motion to appoint Craig Jones to an additional three year term on the Planning Commission. Term to expire February 2012. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.

BID FOR SURPLUS 2004 FORD MUSTANG :

David Yardley reported that a bid has been received for a surplus 2004 Ford Mustang that was advertised but not sold last year. Because the Clerk’s office is collecting and preparing to publish a list of surplus vehicles within the next few weeks, the Commission rejected the bid and authorized the vehicle to be advertised again on a motion by Lois Bulloch. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.

OFFICE SPACE AT THE IRON COUNTY COURTHOUSE AND VISITOR CENTER:

Reed Erickson discussed with the Commission the use of space in the Courthouse and the space in the Visitor Center vacated by the Cedar City Chamber of Commerce. The Commission approved a move by Parks and Recreation and Emergency Management to move from the Fiddlers building to the Visitor Center on a motion by Lois Bulloch. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye. The Commission also approved the use of the basement of the Ambulance building as a command center in case of an emergency.

The Commission also approved a request by the Ambulance department to move from their current location in the Courthouse to the space vacated by the move of the IT department. The move is needed to allow for more privacy for interviews by the Ambulance Supervisor and to accommodate additional billing responsibility. Lois Bulloch made a motion to table the request to allow for further assessment of office requirements. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.

REVERSE 911 MATTERS :

Charlie Morris reported that the Reverse 911 system can only accommodate twelve phone lines instead of the twenty three which would be available with a T1 line. David Yardley was asked to find prices for additional single phone lines to compare with cost of a T1. Charlie also discussed an interlocal agreement with other participating entities for participation in the Reverse 911 system.

ADJOURN :

The meeting was adjourned at 4:00 p.m. on a motion by Lois Bulloch. Second was by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.

Signed: Alma L. Adams, Chairman

Attest: David I. Yardley

County Clerk