Minutes of the Iron County Commission meeting held May 10, 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 :

Debbie Johnson reported on the operation of the Recorder’s office. She explained that electronic filing is working very well and it helps to reduce the day to day office traffic. She reported on document filings year to date compared to 2009. Refinancing and foreclosure documents continue to be filed at a rapid pace. She reported that her office revenue and expenditures are currently within budget projections.

David Yardley reported on preparations for the primary election which will be held June 22. Ballots are being printed and preparations are under way to mail absentee ballots. Early voting will begin on June 8 and continue through June 18. He also reported that the Clerk’s office is within budget at this time. Some line items show a high expenditure, however, they are typically items that are purchased once annually.

Joyce Evans reported on the bleacher project at the Fairgrounds. She explained that in figuring bids for the project that concrete foundations were not included. The project expects to expend $2,500.00 above what was appropriated. Since this is not an agenda item, she requested that this be placed on the next agenda with the Restaurant Board for a budget adjustment approval.

Joyce also made a suggestion for the Fair Grand Marshall for this year. The Commission agreed with the selection and will contact the individual to determine if he is willing to serve as Grand Marshall.

Colette Eppley reported that her budget is within projections except for costs incurred in an employee grievance by having the Career Service Council hear the appeal and make a recommendation. There is not a good way to project such costs and a figure was not included in the budget. Colette reported on changes in the Worker Compensation law which will require changes in County policy. These changes will be drafted into an amended policy and will be presented for approval.

Colette also reported that the HR Department is working on a wellness program for County employees. This will be to help employees to live a healthy lifestyle which can ultimately help reduce health insurance costs.

Wayne Smith reported that the Indigent Defense Fund Board is considering funding defense counsel in the Martin Chris Nelson murder case. Mr. Nelson was convicted by a jury of first degree murder. Martin Chris Nelson was sentenced to two consecutive terms of life in prison without parole for two aggravated murder convictions, with one concurrent term of one to 15 years for theft by receiving stolen property.

Wayne also discussed a legislative meeting in Salt Lake City regarding prairie dogs in which Les Childs and LaVay Smith testified regarding effects of prairie dogs on their ability to develop their property.

A request by Carl Evans to deed a portion of a road right of way in Parowan valley to allow for expansion of a pivot sprinkler on his farm was also discussed.

Lois Bulloch reported that she attended a LEPC meeting where a State Bank of Southern Utah employee was introduced as a trainer for business emergencies. State Bank has authorized this trainer to be utilized by other businesses for training programs at no cost.

Lois also reported that Mental Health has reduced their 2010-2011 budget request to Iron County by $10,000 to reflect a downturn in the economy and to recognize budget stresses being experienced by the Counties. She also reported that Southwest Public Health has issued a list of restaurants which have received citations from SWPH.

Alma Adams reported on a meeting with Paragonah and Kanarraville officials regarding law enforcement. The two towns will begin to pay for law enforcement starting in January 2011. Paragonah has indicated they may negotiate with another city to provided coverage.

PUBLIC HEARING REQUEST TO VACATE AND RESUBDIVIDE :

A public hearing was opened to receive comments on a request to vacate and resubdivide Lots 4, 5, 6, Block D, West View Estates Phase IV Subdivision including a variance on lighting and perimeter fencing on a motion by Lois Bulloch. Second by Alma Adams. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.

Chad Nay, Iron County Building Official and Zoning Administrator reviewed the request by Northridge at Cross Hollow Development, Inc., Rett Shakespear which would realign lot lines, create a new lot and eliminate a platted park. The request would also provide a variance for street lighting, fencing and curb and gutter to match the surrounding subdivision. The Planning Commission has reviewed the request, held a public hearing and have voted to recommend the proposed vacate and resubdivide as requested.

After all public comments were received, Alma Adams made a motion to close the hearing and to approve the request to vacate and re subdivide Lots 4, 5, and 6 Block D, Westview Estates Phase IV Subdivision. Second by Lois Bulloch. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.

NOTIFICATION OF CONDITIONAL USE PERMIT REQUESTS :

Chad Nay presented information on a request from John Hunter (New Era Tactec) to modify or expand a Telecomm Site and associated Facilities on Rowberry Peak also known as Baboon Peak. The site is located near the Beaver County line and Southwest of Minersville. Chad reviewed the proposed conditions and notified the Commission that this will be on the agenda for approval at the June 3 Planning Commission meeting.

Chad Nay also presented information on a request from Marty and Heather Roberts to build a guest house located in Harmony Mountain Ranches Subdivision. This will also be on the Planning Commission agenda for approval on June 3.

The Commission was invited to submit any comments or recommendations prior to the meeting so that the items could be addressed at the meeting.

REQUEST FOR REAL ESTATE ACTION :

Frank Nichols met with the Commission to explain a problem with combining ownership of small portions of mining claims the County has acquired through tax sales which now show the County owning .85714% of an undivided interest in mining claims which are located near Desert Mound. The Pearce Family Partnership is attempting to consolidate ownership or to combine all ownership into a manageable ownership agreement to allow development and mining of the resources. Mr. Nichols pointed to recent sales to Pallidon Iron of similar interests for $200.00 per acre. Iron County’s share of the parcel in question would result in 4.28 acres of a 515 acre parcel.

Lois Bulloch made a motion to declare the County .85714% of an undivided interest in mining claims as surplus property and to table action on the sale of the property to allow the County Attorney to review options in disposing of the property. Second by Alma Adams. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.

DISCUSSION ON RIGHT AWAY ISSUES ON 3800 WEST :

Steve Platt, Iron County Engineer, discussed with the Commission the acquisition of right of way along a dead end road identified as 3800 West, Cedar City. Currently all of the property owners except two have agreed to deed right of way to the County to make a 66 foot right of way. This would allow the County to proceed with a service area to improve the road to at least a gravel standard. The Commission authorized Mr. Platt to proceed with negotiations with the two holdout property owners to transfer their ownership interest in the right of way.

PERSONNEL MATTERS :

Colette Eppley presented a workforce assessment for the position of a part time cook at the Cedar Senior Center. She explained that both the head cook and the assistant have resigned. The part time position has been advertised pursuant to policy and that the head cook is a vital position to fill. After discussing the matter, Lois Bulloch made a motion to approve the position justification and to authorize advertising to fill the position as per County policy. The motion also authorized hiring a contract employee to fill the position while the position is advertised and filled. Second by Alma Adams. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.

Colette presented for approval Sandra Capps as a part time assistant cook and Goldie Pailes as a contract head cook as new hires. Lois Bulloch made a motion to approve the cooks as presented. Second by Alma Adams. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.

Colette presented Zacharia Kearney as a part time Medical Technician at the jail. Alma Adams made a motion to approve the hiring as presented. Second by Lois Bulloch. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.

Colette presented a promotion request for Craig Christiansen to be promoted from EMT Basic to EMT Intermediate. Alma Adams made a motion to approve the promotion as presented. Second by Lois Bulloch. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.

Colette presented a request for a contract renewal for Susan DeBacker as a contract driver for Senior Citizens in the Beryl area. Lois Bulloch made a motion to renew the contract for Susan DeBacker as presented. Second by Alma Adams. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.

A request from the Auditor’s office to hire a part time seasonal employee each year to work through the Board of Equalization process was approved on a motion by Alma Adams. Second by Lois Bulloch. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye. This will allow hiring from previously approved temporary employees as is done in the Treasurer’s office for tax season.

Colette discussed changes in the Utah Retirement System which will affect contribution rates and benefits available to retiring employees. Advantages and disadvantages of each proposal were discussed. The Commission tabled action on this matter to allow further study. The matter will be placed on the next meeting agenda for action.

RURAL PLANNING ORGANIZATION UPDATE AND STAFFING DISCUSSION:

Todd Stowell, Iron County Planner, presented a draft Memorandum of Understanding between Iron County and Utah Department of Transportation (UDOT) for participation in a rural transportation planning organization (RPO). This item will be placed on the next agenda for action.

Reed Erickson explained that Five County AOG has now hired appropriate staff which gives them the ability to perform as project managers for a RPO. Since they have the staff available, he recommended they be considered to manage the RPO through a contract.

GEOLOGIC HAZARDS ORDINANCE PROGRESS :

Todd Stowell, Iron County Planner, reported on progress in drafting a proposed ordinance to address geologic hazard area development. A draft ordinance will be presented to the Planning Commission on June 3, 2010 and will be opened for a public hearing.

Because of development in the Cedar Highlands Subdivision and a proposal to subdivide a proposed Cappo De Monte subdivision in the same area, a comprehensive study of the Greens Lake landslide area should be conducted. It is estimated that it could cost between $6,000 to $10,000 to prepare a scope of work for the comprehensive study.

Action on this item was tabled to allow further study by County staff.

Chad Nay discussed planned improvements in the area including installing new water lines to supplement the existing water system in the area and the construction of a new well house for their culinary water system. This will also be discussed at the next meeting.

SUMMIT STREET LIGHT PROJECT :

Todd Stowell, Iron County Planner, discussed a request from several Summit residents to either add street lighting to the existing Summit Special Service District which provides culinary water service or to establish a new Service Area to provide street lighting. Currently street light are paid by donations from residents with no method to collect from those that do not voluntarily pay.

The Commission determined that to proceed with a proposal to establish a new service area, a petition must be submitted from residents within the proposed area.

PUBLIC COMMENT PERIOD :

John Tulley, a resident of Cedar Highlands Subdivision commented that the Subdivision would like to be authorized to proceed with the construction of a new well house which will be a 16' X 20' structure. Under the current temporary ordinance, the Building Department has informed them that a building permit cannot be issued.

Benjamin Reusch, an attorney hired to represent Cedar Highland Homeowners, expressed a concern that to require a comprehensive landslide study by property owners was unfair where the County originally approved the subdivision in 1981. He further stated that all County property owners should fund the study through payment from the County general fund.

Reed Erickson responded that because the County approved a subdivision, it does not assume that all factors regarding soil conditions and safety i.e. fire concerns were addressed. As new information is received, requirements for development may be amended.

Manuel Skiddal commented regarding the temporary ordinance which restricts building in Cedar Highlands. He felt that current property owners within approved subdivisions should be allowed to build under current codes with no further restrictions. Future development in the area should be responsible to provide feasability studies at their expense.

Janet Webb commented that she is concerned with property values decreasing in Cedar Highlands due to public knowledge of being a part of a landslide area. She stated that under current conditions, it is very difficult to get financing to purchase or refinance existing homes. Property values have been drastically reduced.

Gary Rosenfield commented that costs of a comprehensive study of the Greens Lake landslide area should be borne by future development requests.

PRAIRIE DOG MATTERS :

The Commission requested that prairie dog distribution of permanent take be placed on the next Commission meeting agenda to distribute take which has been returned to the County. They also discussed a twelve million dollar earmark appropriation being proposed by Senator Bennett. Commissioner Smith will meet with Senator Bennett’s staff on June 9 to discuss this issue further.

COUNTY BOARD APPOINTMENTS :

Council on Aging: Lois Bulloch made a motion to appoint Arlan Grimshaw, Vern Kupfer and Lois Bulloch to three year terms on the Council on Aging Board as recommended by the staff of the Council on Aging. Second by Alma Adams. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.

INTERDEPARTMENTAL VEHICLE TRANSFER’S :

The County Clerk’s office has distributed a list of surplus vehicles to all County departments and several have expressed an interest in the vehicles. The Sheriff’s office transferred vehicles to Search and Rescue, which is a volunteer organization. Because requests are still being submitted, no action was taken at this time.

UTAH HIGHWAY PATROL CONTRACT :

Reed Erickson presented a request to increase the rate the County reimburses the Highway Patrol for over time shifts worked within Iron County. UHP is requesting an increase to $50.00 per hour plus $0.50 per mile for the shifts. The Commission discussed the option of adding a regular Sheriff Deputy dedicated to do traffic patrol on the freeway. A full time deputy could provide more coverage at less cost than proposed by the UHP. No action was taken by the Commission at this time.

STATE OF UTAH CONTRACT FOR BAILIFF SERVICES :

Reed Erickson presented contract with the State of Utah to provide Bailiff service to the State Courts. No significant changes from current contracts are included in the contracts. Alma Adams made a motion to approve the contracts and authorize the Chair to sign. Second by Lois Bulloch. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.

IRON COUNTY JAIL CAPACITY ISSUES :

A proposed ordinance defining the ability of Iron County to accept condition of probation prisoners sentenced by the District Court was discussed. The Legislature has been unwilling to fully fund this program which results in the County paying expenses for housing State prisoners. The proposed ordinance was taken under advisement and will be placed on a future agenda for approval.

ROLL BACK TAX DISCUSSION HIRSCHI PROPERTY :

Reed Erickson reviewed the roll back tax issue on the Hirschi property deeded to Iron County. The property in question is a roadway within Cedar City limits and because the property was included as part of a larger parcel with a green belt exemption, a roll back tax accrued. Alma Adams made a motion to authorize paying the roll back tax and to request reimbursement from Cedar City, Central Iron County WCD, and the Iron County School District. Second by Lois Bulloch. Voting: Wayne Smith, Aye; Alma Adams, Aye; Lois Bulloch, Aye.

UTAH DIVISION OF NATURAL RESOURCES PILT PAYMENT :

David Yardley presented a check in behalf of the Utah Department of Natural Resources, Division of Wildlife Resources for payment in lieu of taxes (PILT) for property owned in Iron County consisting of wildlife areas between Cedar City and Parowan. The check is for $2,505.34. The Commission recognized the payment and signed a receipt which will be returned to DWR.

CALENDER SCHEDULE COORDINATION :

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

ADJOURN :

The meeting was adjourned at 4:30 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