Minutes of the Iron County Commission Meeting held March 11, 1996, in Commission Chambers at the Iron County Courthouse, Parowan, Utah.
Officers in attendance included:
Robert L. Gardner Commission Chairman
Roy P. Urie Commissioner
Thomas B. Cardon Commissioner
David I. Yardley County Clerk
Justin Wayment Assist. County Attorney
SYNOPSIS :
Summit Special Service District Resolution
One Stop Visitors Center
Flood Control Right-of-Way
Resolution 95-9 Drug Testing
EMT's
Tax Matter - Joanne Hurley
Ordinance 139 - Cedar City Wastewater
Personnel policy changes
Road - 3000 North
Tax Question
Personnel - promotion Merrill Harrison
Cedar City Annexation - Patti Gilbert
Centennial Wagon Train
Bid Opening - Mower
Weeds
South West Public Health
Proclamation
Panning Commission
Jean Butler
MINUTES :
Minutes of the County Commission Meeting held February 26, 1996, were approved as amended on a motion by Roy Urie, seconded by Tom Cardon with Robert Gardner voting in favor.
COMMISSION REPORTS :
Commissioner Urie discussed the prairie dog problem with a subdivision development being done by Lin Drake in Enoch. Preliminary studies showed that there were no prairie dogs on the site, however, construction has been stopped by US Fish and Wildlife official because they claim the area is a potential habitat. Commissioner Urie made a motion to write a letter to Ralph Morganwick regarding the problem on the Enoch property. Second was by Tom Cardon with Robert Gardner voting in favor. Commissioner Gardner will draft the letter.
Vandalism. The Commission asked David Yardley if he would draft a notice to be published in the paper which notified residents of Iron County of a $2,500.00 reward for information leading to the arrest and conviction of those responsible for damage done to the Cedar City Caterpillar tractor. In February, all of the windows were broken out of the Cat which was located at the landfill and was being used by the County to assist in moving an old mine shovel which had been donated to the County by Utah International.
SUMMIT SPECIAL SERVICE DISTRICT RESOLUTION:
A Resolution expanding the boundaries of the Summit Special Service District was signed by Commissioner Gardner. The Resolution was approved on February 12, 1996. After the approval, residents had fifteen days in which to file a letter in opposition. No one responded negatively to the proposed boundary expansion during the comment period.
ONE STOP VISITOR CENTER :
David Yardley was asked to put out a request for proposals for Architect Services for the One Stop Visitors Center. Proposals will be reviewed at Commission meeting scheduled for April 8, 1996.
FLOOD CONTROL RIGHT-OF-WAY :
A right-of-way for a flood channel through property owned by Bud Bauer was discussed. It was determined that it would be preferable to obtain a 100-foot wide right-of-way for the channel which would allow room for access and maintenance work. The property owned by Mr. Bauer is located west of Cedar City in Section 13, Township 36 South Range 12 West. Steve Platt was asked to work on a survey to determine the route and acreage that would be required for this project. Tom Cardon will inquire as to property value in that area.
RESOLUTION 95-9 :
Resolution 95-9 which outlines the drug testing policy and procedure for Iron County was adopted into the personnel manual on a motion by Roy Urie, second by Tom Cardon with Robert Gardner voting in favor.
EMT'S :
The Commission asked that a letter be drafted to the Iron County EMT's commending them for conducting CPR training in the County. They have offered CPR training to interested groups and individuals.
TAX MATTER-JOANNE HURLEY :
A tax matter was presented by Karen LeFevre, representing Joanne Hurley. Mrs. Hurley was under the impression that her taxes were being paid by her title company through her escrow. The taxes for 1991 through 1995 are delinquent and the property is scheduled to go to tax sale this year. Ms. Hurley is requesting that the interest on the past due taxes be waived. After reviewing her request and discussing legal concerns, Roy Urie made a motion to deny her request. Second was by Tom Cardon with Robert Gardner voting in favor.
ORDINANCE 139 - CEDAR CITY WASTEWATER:
An Ordinance which outlines the requirements for the users of the Cedar City wastewater Treatment Facility was reviewed. Because this affects residents and businesses which are located outside of Cedar City limits and within County jurisdiction, an ordinance must be adopted by the County which outlines the pre-treatment requirements for discharge into the Cedar City sewage system.
Tom Cardon made a motion to schedule a public hearing for the next Commission meeting and to authorize David Yardley to publish the notice of hearing. Second was by Roy Urie with Robert Gardner voting in favor.
PERSONNEL POLICY CHANGES :
A change in the Personnel Policy to change new employee probation period from six (6)
months to one (1) year with an option to extend probation for an additional six (6) months one
time only, was approved. Also the employees' anniversary date would commence one (1) year
from hiring as a full time employee. Roy Urie made a motion to accept the personnel policy
change with Tom Cardon seconding and Robert Gardner voting in favor.
ROAD - 3000 NORTH :
A proposal to condemn property along 3000 North was discussed. Roy Urie made a motion to proceed with condemnation of property for a road improvement project along 3000 North for property owners who are not willing to negotiate a settlement with the County. Second was by Tom Cardon with Robert Gardner voting in favor. The County Attorney's office was authorized to proceed with condemnation.
TAX MATTER DENNIS AYERS :
Dennis Ayers came before the Commission to discuss tax incentives on businesses that had relocated to Iron County. He also questioned how the incentives were handled for accounting purposes. He informed the Commission that the assessment was made on the businesses as prescribed by law. The Commission was unsure how the tax incentives were handled and the matter was tabled for further information.
Dennis also discussed the procedure in assessing personal property versus real property and the effect this has on their total tax bill. It was his opinion that the net effect would be negligible because of improvements which would be added to personal property. Assessing personal property is the method with WECCO because of the corrosive nature of the chemicals they use, it requires that equipment be upgraded on a regular basis.
PERSONNEL - EXECUTIVE SESSION :
Claire Dalton requested that the Commission convene in an executive session to discuss personnel matters.
Roy Urie made a motion to convene into executive session. Second was by Tom Cardon with Robert Gardner voting in favor. After reconvening an in open session, Tom Cardon made a motion to promote Merrill Harrison to a grade 12 step 3. Second was by Roy Urie with Robert Gardner voting in favor.
ANNEXATION REQUEST :
Patty Gilbert, representing Gilbert Development, came before the Commission to request that Iron County approve annexing 235 acres into Cedar City. The property is located in the Southeast of the Southwest 1/4, Section 28 and the Southeast 1/4 of Section 29, Township 36 South, Range 11 West . The property is contiguous to the current Cedar City boundary. After reviewing their proposal, Tom Cardon made a motion to not oppose the annexation. Second was by Roy Urie with Robert Gardner voting in favor.
CENTENNIAL WAGON TRAIN :
John Bentley, representing Parowan City, came before the Commission to request help with funding of meals for the centennial wagon train. The wagon train will start in Logan and end in Cedar City. They will be in Iron County June 26, 27, and 28th. The wagon train will have approximately 500 people that will need to be fed while in the host counties. Iron County would be responsible for furnishing seven meals. Paragonah has agreed to furnish one meal, Parowan City will furnish a dinner, and Cedar City will furnish the final evening meal. Mr. Bentley requested that Iron County commit funds to help cover the costs of providing the additional meals.
The Commission requested that Mr. Bentley contact the State Centennial Committee to see what funds were available through the Centennial program and then to coordinate with other service organizations to see if they would help in furnishing the meals in question. The Commission was not willing to commit any county funds until it was determined resources are available.
BID OPENING - MOWER :
A bid opening for a tractor and rotary mower were opened. Only one bid was received from Scott Machinery in Cedar City. They bid $53,278.00 with delivery in Cedar City in May. After reviewing the bid, Roy Urie made a motion to accept the bid of $53,278.00 from Scott Machinery. Second was by Tom Cardon with Robert Gardner voting in favor.
WEEDS :
Robert Gardner reported that the Weed Board has requested that a new weed which has been discovered in Iron County, be placed on our noxious weed list. The weed is known as Western Whorl Milkweed. This matter is to be placed on the next agenda for action.
SOUTHWEST PUBLIC HEALTH :
Diane Nelson, Scott Hacking and Gary Edwards along with representatives from the Planning and Zoning Board and municipalities within Iron County discussed public health issues of concern in Iron County. The item that seemed to present the most concern was coordinating wellhead protection to provide safe culinary water for residents. It was determined that the best course of action would be to coordinate with State Division of Water Rights. This appears to be a problem of coordination. The health department does not have the authority to interfere with, or issue permits for well drilling. In some cases' wells have been developed for a culinary system and then another permit has been issued nearby which makes the well unusable.
Wastewater management and groundwater levels were also discussed as major concerns. It was determined that a committee should be appointed to study ways in which problems could be addressed.
Another problem which was discussed was with squatters or substandard dwellings in which people move on their property without proper permits for septic systems, water supply or building permits. The Health Department said they were willing to verify a problem, however, they have no enforcement authority. Enforcement must be handled through the County Attorney, the Sheriff and the Building Inspector.
The following people were designated as a committee to study the problems discussed as major health concerns in Iron County: Tom Cardon, Chairman representing Iron County Commission, Gary Edward, representing Public Health; Kerry Carpenter, State Water Engineer's office; Ed Hahne and Arlen Grimshaw, Planning Commission, and John Esplin, Soil Conservation Service.
PROCLAMATION :
A proclamation designating April 1-7th as Public Health Week in Iron County was approved on a motion by Tom Cardon, second by Roy Urie with Robert Gardner voting in favor. A copy of the proclamation is attached to the minutes as an exhibit.
PLANNING COMMISSION :
The method used to verify payment of taxes prior to approving and filing new subdivision plats was discussed. It was decided that a copy of the preliminary plat which is submitted to the Planning Commission for their approval will be forwarded to the Treasurer for verification of property Serial Numbers and then the Treasurer will verify that the taxes are current. This will be included as a sign off item on final plat prior to approval by the Planning Commission and County Commission.
GENE BUTLER :
Gene Butler also came before the Commission to discuss a proposal to vacate roads and walkways in the Garryville Townsite Subdivision. After reviewing his request, the Commission referred him to the Planning Commission for review and approval before any further vacating ordinances were approved.
After the bills were either approved or rejected, the meeting was adjourned.
APPROVED:___________________________
ATTEST:______________________________