Minutes of the Iron County Commission meeting held April 26, 2010 were approved as amended on a motion by Lois Bulloch. Second was by Alma Adams. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.

DEPARTMENT REPORTS :

Kal Kahler reported on meetings he attended including the CICWCD and Enoch City Water Board. Enoch is encouraging people to connect and use secondary water to help alleviate the pressure on the culinary system. Dennis Stowell discussed SB 20 which passed the Legislature this year. SB 20 provides that a Special District may be established to manage groundwater and to develop groundwater management plans. It also provides that a tax may be levied to fund the development of a groundwater management plan.

Scott Garrett discussed case load in the County Attorney’s office. Felony cases are being handled at a rate of 450 to 500 annually. Some of the accomplishments of the office include the Cedar Storage case being dismissed in District Court, the Shiloh Ranch case dismissed by the Court and the Webster v. Long case being resolved. These cases have been active for a long time.

Scott also reported that the ACLU is looking at the method used in selecting public defenders, especially in rural counties. Their contention is that defendants are not receiving adequate defense in criminal cases and that there are close ties between public defenders and prosecutors. Scott stressed that Iron County has excellent public defenders that work diligently to represent defendents.

Mark Gower reported on crime statistics investigated by the Sheriff’s office. Investigations are up about 7% over the same time in 2009. The jail continues to run about 135 inmates average. Federal prisoners are averaging 35. There is a possibility that this number may increase.

The animal shelter is running about half full. Costs for animal control are about half of the cost at the same time as 2009 due to not being charged by Enoch City and Cedar City. Prisoners are cleaning and maintaining the facility which helps keep costs down.

Margaret Miller reported on problems with people hearing in the Justice Court courtroom. She requested that a speaker system be installed. Margaret also reported that Allison Staheli has resigned as a part time Court Clerk. They will be requesting that this part time position be filled as quickly as possible.

Margaret also reported that they have started collecting a fee for credit card transactions. The Court Clerk’s inform the customers that a fee will apply. Most customers agree to the increase and pay with their credit cards.

Lois Bulloch reported that the Council on Aging has selected nominees to be members of the COA Board. The list will be forwarded to the Clerk for action on the next Commission agenda.

Lois also discussed a concern with the public lands bill including habitat purchase funding which was being proposed through Congress by Senator Bennett. Senator Bennett will be leaving office in January as he was defeated in his re-election bid during the State Republican convention.

Alma Adams reported that a $500,000 federal grant has been approved for a UDOT enhancement project to install deer fence and escape ramps along I-15 from Cedar City to the Black Ridge.

Alma also reported that a resident of Newcastle working on an Eagle Scout project has requested permission to develop a shooting range at the closed Newcastle solid waste dump site. This site is owned by the BLM and would require their approval.

Alma reported that a mock disaster was conducted for the Cedar Highlands area. This was excellent training, however it was discovered that the Reverse 911 system not only notified the target area residents but also contacted non target area residents with similar addresses.

David Yardley reported that County officials have been asked to participate on June 9 in the Girls State program. The participants are to meet at 9:30 in the Great Hall at SUU for the County symposium.

Michael Edwards reported that Jeffrey and Paula Heil have requested a Board of Equalization hearing. The hearing has been scheduled for June 14 during Commission meeting.

Michael also reported that the Planning Commission is working on a draft of the Geologic Hazard ordinance.

Reed Erickson reported on several building projects which are out for proposals at the present time. These include a roofing project for the Justice Center, tree trimming around County buildings, blind cleaning in County buildings, window washing, and renovation and remodeling the Fiddlers Canyon building pond. Reed also reported that the Jail public lobby has been refinished.

IRON COUNTY RESTAURANT TAX BOARD :

The Commission along with Rusty Aiken and Maria Twitchell convened as a Restaurant Tax Board to receive a request from the Utah Shakespearean Festival for funding a portion of improvements in building a new theater.

Scott Phillips, Shakespearian Festival Executive Director, explained the project which includes development of a new outdoor theater with a closeable roof, work areas, dressing rooms, rehearsal rooms, shops, etc. The project is expected to cost approximately thirty two million. The Festival is requesting a commitment from Iron County through the Restaurant Tax Board of a one million dollar donation for development of the property in preparation of building the theater.

Reed Erickson discussed funding options which could include bonding on a tax anticipation bond for the requested improvements.

Maria Twitchell made a motion to accept the application from the Shakespearian Festival and to review bonding options with legal council. Bonding issues will be determined at a later date. Second by Alma Adams. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye; Maria Twitchell, Aye; Rusty Aiken, Aye.

SETTLEMENT OR DEFERRAL OF PROPERTY TAXES :

Darrell C. McMahon and Paula W. McMahon, represented by Paula McMahon, came before the Commission to request a deferral of their property tax on parcel E-0185-0004-0000, which is their primary residence. The McMahon’s have paid $5,000 toward the delinquency and have requested one year to bring the taxes current.

The Commission cautioned Ms McMahon that if the taxes were not current by April 2011 that the property would be placed on the tax sale list in compliance with Utah Code. After reviewing the requirement to receive a deferral, and approving a lien being placed upon their property, Lois Bulloch made a motion to defer the taxes on parcel E-0185-0004-0000 for one year in compliance with agreements signed by Darrell C. McMahon and Paula W. McMahon. Second by Alma Adams. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.

BOARD OF EQUALIZATION :

Lois Bulloch made a motion to convene as a Board of Equalization to review requests for exemptions which were received after the filing deadline or appeals of previous rulings. Second by Alma Adams. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.

Christene Lowder presented a request from Four Square Church to review their application because representatives of the church reported that their application was mailed in February during a snow storm. It was received on March 21 in the Auditor’s office. The envelope in which it was mailed was not postmarked, however it showed signs of being wet after it had been sealed and mailed.

Lois Bulloch made a motion to grant a religious exemption to the Four Square Church due to an error in postal service non delivery of the application. Second by Alma Adams. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.

Christene also presented an appeal by the Dixie and Ann Leavitt Foundation of the denial of their tax exemption request for thirteen parcels. The parcels are rental properties with proceeds going to the Foundation for distribution to charitable causes. Lois Bulloch made a motion to deny the request for exemption as the properties are not used for a charitable purpose as defined in Utah Code. Second by Alma Adams. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.

RESOLUTION 2010-3 VETERANS HOME LOCATION :

A Resolution supporting the location of a newly constructed Veterans’ Nursing Home in Cedar City was presented for review and adoption. The Commission explained that this is the same Resolution they have requested other Counties to adopt.

Lois Bulloch made a motion to adopt Resolution 2010-3 as follows. Second by Alma Adams. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.

IRON COUNTY

RESOLUTION NO. 2010-3

A RESOLUTION SUPPORTING THE LOCATION OF A NEWLY CONSTRUCTED VETERANS’ NURSING HOME IN CEDAR CITY, IRON COUNTY, UTAH

WHEREAS, the Iron County Commission recognizes that long term care is necessary for Southern Utah’s veteran citizens in the form of a Utah State Veterans’ Nursing Home;

WHEREAS, the Iron County Commission is aware that numerous citizens, especially veterans in the southern portion of the state are inquiring about services;

WHEREAS, the Iron County Commission is aware that the state of Utah has an approved grant with the Veterans’ Administration in Washington, D.C. to construct a state Veterans’ Nursing Home, and the state has committed to funding a portion of the construction cost and anticipates the balance of the funding in the near future;

WHEREAS, the construction of a Veterans’ Nursing Home will provide a positive economic impact for southern Utah in the form of job opportunities in the construction and staffing of the facility;

WHEREAS, the Iron County Commission believes that a Cedar City location is the most central to serve the needs of the largest population of southern Utah veterans;

WHEREAS, the Iron County Commission believes it is important to secure approval and support for a location in Cedar City, as a property has been identified and donated by Cedar City Corporation for the facility;

NOW THEREFORE, BE IT RESOLVED, the Iron County Commission adopts Resolution 2010-3 in support of the future Veterans’ Nursing Home being constructed in Cedar City.

APPROVED AND ADOPTED this 10^th day of May 2010.

IRON COUNTY COMMISSION

Wayne A. Smith

Commission Chair, Iron County

ATTEST:

David I. Yardley, Iron County Clerk

APPROVED AS TO FORM:

Scott F. Garrett, Iron County Attorney

INCENTIVE PACKAGE FOR GENPAK LLC :

Brennan Wood, Iron County/Cedar City Economic Development Director, met with the Commission to present a request for approval of an incentive package for Genpak LLC. He explained that Genpak is proposing an expansion project to include additional warehouse space and a new production line. The new production line will employ between 25 and 30 new employees. Genpak is requesting a three year increment on taxes starting in 2011.

Lois Bulloch made a motion to move forward with an interlocal agreement with taxing entities and to establish 2010 as the base year for taxes. Second by Alma Adams. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.

PERSONNEL MATTERS :

Colette Eppley presented a position justification for a part time Justice Court Clerk. The current position was filled by Allison Staheli who has decided not to return to work after maternity leave. Alma Adams made a motion to approve the position justification as presented and to authorize advertising the position. Second by Lois Bulloch. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.

Colette also presented a draft of County Personnel Policy Section 18, Work Hours revision. Reed Erickson requested that the policy further clarify the overtime policy and holiday compensatory time. Possible solutions were discussed whereupon the matter was tabled to allow for further revision and discussion.

U OF U SCHOOL ON ALCOHOLISM AND OTHER DRUG DEPENDENCIES:

Applications for County sponsorship to attend the University of Utah School on Alcoholism and Other Drug Dependencies were reviewed. Four applications were received. The County has sponsored up to four scholarships in the past whereupon the Commission approve applications for Rocco and Connie Palmisano, Amy M. Nielson, and Laura L. Kelsey. Lois Bulloch made a motion to approve the four applications for sponsorship to the school. Second by Alma Adams. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.

QUESTAR INFOCOMM, INC. REQUEST :

Questar InfoComm Inc. has requested support of a proposal to locate high power transmission equipment in their building and on their tower at Frisco Peak. Dennis Johnson explained that the BLM which owns the site has designated the site as a low power site. Allowing high power equipment at the site would allow other users to add additional high power equipment which could jeopardize existing TV equipment and TV signals being received and transmitted from Frisco Peak. Dennis also expressed major concern with radiation exposure at the site if higher power equipment is allowed.

Alma Adams made a motion to write to the Bureau of Land Management and Questar Infocomm, Inc notifying them of the County’s opposition to high power equipment at the Frisco Peak site. Second by Lois Bulloch. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.

PUBLIC COMMENT PERIOD :

Residents in the Sheridan Hills subdivision area asked about road responsibility for the east frontage road from the underpass north to their subdivision. The Commission responded that responsibility is with Enoch City since they annexed the road into their boundaries. The County has maintained the road and continues to do some maintenance on it.

FLEET MAINTENANCE - SURPLUS PROPERTY:

A list of surplus vehicles which has been submitted by Departments was presented to the Commission. Alma Adams made a motion to declare the equipment as surplus and authorize the Clerk’s office to circulate a copy of the list to all Departments. Departments will be allowed to request equipment from the list for approval by the Commission. Second by Lois Bulloch. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.

CAMA EQUIPMENT PURCHASE DISCUSSION AND ACTION :

Jared Wilson and Dennis Ayers met to discuss the purchase of Computer Aided Mass Appraisal (CAMA) equipment. The Multi County Appraisal Trust (MCAT) board has determined that they will not purchase hardware. Cost to purchase the necessary servers and other equipment in Iron County is estimated at $20,000.00. Lois Bulloch made a motion to approve the purchase of the necessary equipment and to adjust the budget to reflect the change at a later date. Second by Alma Adams. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.

CALENDER SCHEDULE COORDINATION :

Reed Erickson coordinated calendars with the Commissioners until the next Commission meeting.

OPEN AND PUBLIC MEETING TRAINING :

Michael Edwards presented training on Utah Code Title 52 Chapter 4, Open and Public Meetings Act. He explained that any item which will require action by the Commission must be posted on the agenda and posted as required. He also explained the reasons meetings may be closed and items which may be discussed by Commissioners outside of an open meeting.

Reed Erickson questioned the ability to hold a work meeting to discuss items which may appear on later agendas. Mike Edwards explained if the public body is convened solely for the discussion or implementation of administrative or operational matters for which no formal action by the public body is required; or the public body is convened solely for the discussion or implementation of administrative or operational matters that would not come before the public body for discussion or action, the meeting would be legal. If public funds are to be allocated or expended the items should be placed on a regular meeting agenda.
ADJOURN :

The meeting was adjourned at 2:30 p.m. on a motion by Lois Bulloch. Second was by Alma Adams. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.

Signed: Wayne A. Smith, Chairman

Attest: David I. Yardley

County Clerk