IRON COUNTY COMMISSION MEETING
October 26, 2009
Minutes of the Iron County Commission meeting convened at 9:00 a.m. October 26, 2009 in Commission Chambers at the Iron County Courthouse, Parowan, Utah.
Officers in attendance included:
Alma L. Adams Commission Chair
Wayne A. Smith Commissioner
Michael Edwards Deputy County Attorney
David I. Yardley County Clerk
Reed Erickson County Administrator
Also Present:
H. Eugene Adams County Auditor
Dennis W. Ayers County Assessor
Deborah B. Johnson County Recorder
Geraldine S. Norwood County Treasurer
Mark O. Gower County Sheriff
Margaret Miller Justice Court Judge
Absent:
Lois L Bulloch Commissioner
SYNOPSIS :
APPROVAL OF MINUTES October 14, 2009
BID OPENING WOOD GRINDING AT LANDFILLS
CALENDER SCHEDULE COORDINATION
CHILDREN’S JUSTICE CENTER CONTRACT APPROVAL
COUNTY BID PROCEDURE DISCUSSION
INSURANCE COMMITTEE REPORT - 2010 COVERAGE RECOMMENDATION
JAIL PSYCHOLOGIST CONTRACT AMENDMENT APPROVAL
ORDINANCE 2009-3 RESTAURANT TAX RENEWAL
REQUEST TO APPROVE COST OF LIVING BUY-UP
SUSPENSION OF RULES FOR THIS MEETING
UNCLAIMED OR ABANDONED EVIDENCE
Those assembled were led in the pledge of allegiance by Reed Erickson.
APPROVAL OF MINUTES October 14, 2009 :
Minutes of the Iron County Commission meeting held October 14, 2009 were approved as amended on a motion by Wayne Smith. Second was by Alma Adams. Voting: Alma Adams, Aye; Wayne Smith, Aye.
SUSPENSION OF RULES FOR THIS MEETING :
Wayne Smith made a motion to suspend the rules to allow the Chair to make motions during this meeting due to the excused absence of Commissioner Bulloch. Second by Alma Adams. Voting: Alma Adams, Aye; Wayne Smith, Aye.
Dennis Ayers reported that Board of Equalization has been completed. Residential lot values on lots with known prairie dog problems were reduced by 30% which is a result of a ruling from the State Tax Commission on previous appeals.
Dennis also reported that he has been selected as the outstanding Assessor for 2009 by the UAC Assessor’s Association. He will receive recognition at the UAC annual convention in St George.
Gene Adams also reported that Board of Equalization has been completed and forwarded to the Treasurer for completion of the tax notice process. The Auditor’s office is currently working on the 2010 budget.
Geri Norwood reported that tax notices have been prepared and were placed in the mail on Friday.
Reed Erickson reported that he has received bids for the replacement of concrete on the north sidewalk and stairs at the Courthouse and for replacement of concrete at the jail. Heating will not be included in the stairs at the Courthouse due to cost. Bids are requested for landscape work at the Visitor Center on Cedar City property adjacent to the building.
David Yardley reported that a notice of claim has been received for an accident occurring in Nov 2008. There is a question as to whether this accident site is in the County or within Cedar City boundaries. The matter has been referred to the insurance carrier.
Wayne Smith reported that he has been asked to serve on a public relations committee for Rocky Mountain Power in their proposal to install a new electrical transmission line from Siggurd to Red Butte in Washington County.
Alma Adams reported that Jordan Smith, Iron County Weed Manager, is resigning to take a position as a full time fire fighter with the Cedar City Fire Department. He also reported on progress with repairs of road damage on 2200 West in Parowan Valley due to the installation of a new sewer line. Parowan City has hired Holbrook Asphalt to complete the repairs.
ORDINANCE 2009-3 RESTAURANT TAX RENEWAL :
Wayne Smith made a motion to adopt Ordinance 2009-3 as follows. Second by Alma Adams.
IRON COUNTY, UTAH
ORDINANCE NO. 2009-3
AN ORDINANCE IMPOSING A TOURISM, RECREATION,
CULTURAL, AND CONVENTION TAX AND PROVIDING FOR
COLLECTION THEREOF
As authorized by the provisions of Utah Code Annotated, Title 59, Chapter 12, Section 601, et seq., (59-12-603 (5a) the County Legislative Body of Iron County, Utah Ordains as follows:
1. PURPOSE: This ordinance is enacted to provide a source of revenue specifically for financing, in whole or in part, the development, operation, and maintenance of tourism, recreation, cultural, and convention facilities within Iron County. The provisions of this ordinance shall be interpreted and construed to accomplish such purpose.
2. DEFINITIONS: As used in this ordinance:
(1) "Convention Facility" means any publicly owned or operated convention center, sports arena, or other facility used primarily for public or private conventions, conferences, events, and other gatherings.
(2) "Recreational facility" or "tourism facility" means any publicly owned or operated park, campground, marina, golf course, water park, historic park, monument, planetarium, zoo, bicycle trail, or other recreation or tourism-related structure or facility.
(3) "Cultural facility" means an publicly owned or operated museum, theater, art center, music hall, or other similar facility.
(4) "Restaurant" means any facility where food is prepared for immediate service and consumption including, but not limited to, coffee shops, cafeterias, restaurants, luncheonettes, soda fountains, fast food service outlets, and all other similar facilities, but does not include retail establishments whose primary business or function is the sale of fuel and/or food items for off-premise consumption.
3. IMPOSITION OF TAX AND AMOUNT OF TAX: There are hereby levied tourism, recreation, cultural, and convention taxes as follows:
One percent (1%) on all restaurant sales of food and beverages made within Iron County or within any city or town located within Iron County.
4. USE OF REVENUES: The revenues received from the taxes herein levied shall be used solely for financing, in whole or in part, tourism promotion or the development, operation, and maintenance of tourism, recreation, cultural, and convention facilities, and for no other purpose.
5. COLLECTION: Taxes imposed under this ordinance shall be levied and collected at the same time and in the same manner as provided for general sales taxes in Utah Code Annotated, Section 59-12-201, et seq., except that the revenue derived shall not be subject to the distribution provisions of Utah Code Annotated, Section 56-12-205 (2).
6. LICENSE REQUIRED: All persons, companies, corporations, or other similar persons or organization required under the terms of this ordinance to collect the taxes imposed herein shall obtain from the State Tax Commission a Tourism, Recreation, Cultural, and Convention Tax License. No additional license is required if said persons, company, group, corporation, or organization has obtained a license pursuant to the provisions of Utah Code Annotated, Section 59-12-106.
7. PENALTIES: Any person, company, corporation, or other organization subject to the terms of this act which shall fail to obtain the required license or fail to collect the tax imposed by this ordinance shall be guilty of a class B misdemeanor.
8. EFFECTIVE DATE: This ordinance shall become effective upon the 1st day of October , 2009.
APPROVED, ADOPTED, and PASSED by the Iron County Board of Commissioners this 26th day of October , 2009.
IRON COUNTY BOARD OF COMMISSIONERS:
Alma L. Adams, Chairman
Iron County Commission
ATTEST:
David I. Yardley
Iron County Clerk
Voting:
Wayne A. Smith Aye
Lois L. Bulloch Absent
Alma L. Adams Aye
Colette Eppley presented a position justification and workforce assessment for approval for a legal secretary in the County Attorney’s office. Shelly Lamoreaux has resigned and this position justification is to replace this secretary position. It is proposed to promote Denise Heaton from receptionist to legal secretary as she has been performing in both functions for some time. The County Attorney has also requested that the receptionist position be filled.
Alma Adams made a motion to approve the position justification and workforce assessment for the legal secretary position and to approve the promotion of Denise Heaton to the legal secretary position with a one grade increase. Alma also motioned to table the request to replace the receptionist position at this time. Second by Wayne Smith. Voting: Alma Adams, Aye; Wayne Smith, Aye.
Colette presented for approval a request for a promotion in the Ambulance Department for Jason Orton from EMT Basic to EMT Intermediate. Wayne Smith made a motion to approve the promotion. Second by Alma Adams. Voting: Alma Adams, Aye; Wayne Smith, Aye.
Colette presented for approval a new employee in the Parowan Senior Citizen Center, Jayci Bash as Outreach Coordinator. Wayne Smith made a motion to approve the hiring of jayci Bash as requested. Second by Alma Adams. Voting: Alma Adams, Aye; Wayne Smith, Aye.
Colette presented for approval a volunteer in the Sheriff’s Department. Tony Taylor would be funded as a trainee through Workforce Services to work in the Sheriff’s Office. Wayne Smith made a motion to approve Tony Taylor as a volunteer as explained. Second by Alma Adams. Voting: Alma Adams, Aye; Wayne Smith, Aye.
REQUEST TO APPROVE COST OF LIVING BUY-UP :
Colette Eppley presented a proposal which would allow a higher cost of living increase from a maximum of 2.5% currently to a maximum of 4% for public safety employees. The difference would be paid by the County resulting in a $79,000 increase in 2010. After reviewing all of the financial impacts on the County and revenue reduction due to recessionary trends, Wayne Smith made a motion to continue with the current rate. Second by Alma Adams. Voting: Alma Adams, Aye; Wayne Smith, Aye.
CHILDREN’S JUSTICE CENTER CONTRACT APPROVAL :
Michael Edwards presented for approval a contract for operation of the Children’s Justice Center. The contract is the same as in the past with funding coming from grant funds. Wayne Smith made a motion to approve the contract as presented and recommended. Second by Alma Adams. Voting: Alma Adams, Aye; Wayne Smith, Aye.
BID OPENING WOOD GRINDING AT LANDFILLS :
Two bids were received for grinding of tree waste collected at the landfill in Cedar City and the Parowan site.
Bobs Tree Service bid $525.00 per hour and $6,720 for mobilization cost. Their machine is rated 800 hp and is rated to process 220 yards per hour.
Diamond Tree Service bid $400.00 per hour and $1,500 for mobilization cost. Their machine is rated at 500 hp and is rated to processes 150 tons per hour.
Wayne Smith made a motion to approve the low bid after review by the Landfill Supervisor and Commissioner to determine which is the lowest actual cost to process the waste. Second by Alma Adams. Voting: Alma Adams, Aye; Wayne Smith, Aye.
JAIL PSYCHOLOGIST CONTRACT AMENDMENT APPROVAL :
Michael Edwards presented a proposed contract amendment for approval for psychologist services at the Jail. Mr. Edwards explained the changes which included changes to the hours of service. The contract more closely covers the needs of the Jail without placing undue burden on the contracting psychologist. Alma Adams made a motion to approve the amended contract as presented. Second by Wayne Smith. Voting: Alma Adams, Aye; Wayne Smith, Aye.
UNCLAIMED OR ABANDONED EVIDENCE :
Michael Edwards presented a request to approve the donation to a public interest use of unclaimed or abandoned evidence. The evidence in question is cash which was used in the prosecution of several drug cases. Attempts to locate the alleged owners have been unsuccessful and the evidence is no longer needed.
Wayne Smith made a motion to approve the donation of unclaimed or abandoned evidence to a public interest, i.e. Iron County/Garfield Narcotics Drug Task Force with a proper accounting of the donation by the receiving entity. Second by Alma Adams. Voting: Alma Adams, Aye; Wayne Smith, Aye.
INSURANCE COMMITTEE REPORT - 2010 COVERAGE RECOMMENDATION:
The Employee Insurance Committee reported their recommendation to the Commission regarding the employee benefit of health insurance for 2010. The proposal includes a 12.5% increase over 2009 due to rising health care costs and because of our history over the past two years. The proposal included an increase in co-pay for office visits and emergency room visits. Prescription co-pay would remain the same.
After options were discussed, Wayne Smith made a motion to table the matter to allow further study of the proposed budget for 2010. Second by Alma Adams. Voting: Alma Adams, Aye; Wayne Smith, Aye.
The matter will be placed on the next agenda for further consideration to allow time for preparation for open enrollment and the County sponsored Health Fair.
The Commission was informed that prairie dog take granted to Rob Bernhardi for 23.9 prairie dogs has been returned. The take can be allocated if there are contractors ready to proceed with construction.
CALENDER SCHEDULE COORDINATION :
Reed Erickson coordinated calendars with the Commissioners for the next two weeks.
COUNTY BID PROCEDURE DISCUSSION :
Reed Erickson discussed with the Commission the procedure in awarding bids for repairs or services. Current County policy does not specify the procedure. A new procedure will be drafted that will specify the procedure in bidding, approving and awarding bids. The County Attorney and County Administrator will draft the policy for Commission approval.
It has come to the attention of the County that some property owners served by the Lower Kanarraville Basin Road have erected a gate across the road to keep travelers out of the area. This road continues into Washington County and has been maintained and improved for many years by the County.
The County Attorney was asked to draft a letter to all property owners on the Lower Kanarraville Basin Road notifying them that the gate must be removed. A gate cannot be erected across a County road without County Commission approval.
The meeting was adjourned at 12:15 p.m. on a motion by Wayne Smith. Second was by Alma Adams. Voting: Alma Adams, Aye; Wayne Smith, Aye.
Signed: Alma L. Adams, Chairman
Attest: David I. Yardley
County Clerk