IRON COUNTY COMMISSION MEETING

MAY 28, 1996

Minutes of the Iron County Commission Meeting held May 28, 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

Also present:

Dixie Matheson County Recorder

Dennis Lowder County Auditor

Dennis Ayers County Assessor

Merna Mitchell County Treasurer

Doug Wilson Data Processing Coordinator

SYNOPSIS :

ANIMAL CONTROL 3

ANNEXATION REQUEST 8

Cedar City 8

BOARD OF EQUALIZATION 3

ELECTED OFFICIALS REPORTS 1

Justice Court 2

Building Inspector's 2

computer hard drive 2

primary election 1

tax sale 2

MINUTES 1

OPEN SPACES 3

ORDINANCE 140 5

ORDINANCE 141 6

PERSONNEL 4

Kathryn Rhodes 5

Maintenance Worker 4

PERSONNEL ADVISORY BOARD 4

STEVE HEATH 4

SURPLUS PROPERTY BIDS 4

UTAH ASSOCIATION OF COUNTIES TAPE 3

WASTEWATER TREATMENT 3

MINUTES :

Minutes from the meeting held May 13, 1996, were approved as amended on a motion by Roy Urie, second by Tom Cardon with Robert Gardner voting in favor.

ELECTED OFFICIALS REPORTS :

David Yardley reported that there would be a primary election this year. There are two races that will be contested. One will be the County Commission race in the Republican party between Steven Heath and Dennis Stowell. The second race will be in the Independent American Party for State Senate District 29. Joseph E. Miner and Roger Peterson are running.

Merna Mitchell reported that the tax sale went without incident; 114 parcels were sold. 4 parcels were struck off to the County. The Commission discussed the possibility of pursuing legislation in which excess funds would be returned to the counties after a number of years instead of being retained by the state.

Dixie Matheson reported on a meeting that had been sponsored by the computer trust for a document imaging system. The system that they were anticipating PMSI writing software to be compatible with is one called Trimco Cold. They are hoping to have this system on line by January 1, 1997. The system would be pc compatible therefore, it would require some upgrade in the recorder's office to start. Dixie said she would keep the Commission updated on progress with the new part of the system.

Doug Wilson reported that the computer hard drive had crashed on the recorder and assessors program and caused the loss of one days work. The possibility of installing a dual backup system that immediately backs up all data was discussed. Because this is the first time, the hard drive has crashed in more than 10 years Doug explained that the expense of putting in a dual backup system did not appear to be a feasible alternative at the present time.

Doug also reported that the Building Inspector's program was up and operating and that the Fair office has installed a new PC computer in their office.

The Justice Court personnel have completed training on the Caselle software system and the software should be installed next week.

Dennis Lowder reported that the process for setting tax rates is proceeding. He reported that taxes should again be reduced in 1996 because of a decease in the uniform school tax rate. The amount of the reduction will not be known until all of the tax rates are set throughout the State.

Dennis Ayers reported that the assessment roll would be completed today. Preliminary figures show that valuation is up more than 100 million dollars.

The Assessor's office will be looking at property in the west end of the county along with the Parowan area and mountain cabins for 1997.

BOARD OF EQUALIZATION :

Dennis Lowder discussed with the Commission the procedure for Board of Equalization hearings for 1996. It was determined that they would follow the same procedure as last year which was by appointment. This eliminates the long wait people were experiencing when they could just come and sign up. It also gives people a chance to get the material they need for an appeal together prior to the hearing.

UTAH ASSOCIATION OF COUNTIES TAPE :

Commissioner Urie reported that he had received a copy of the Dan Jones Panel Discussions regarding Elected Officials. He requested that it be viewed by all of the elected officials at the next Commission meeting.

ANIMAL CONTROL :

The Commission received a letter from Pete Hansen, Chief of Police of Cedar City, stating that beginning July 1, 1996, Cedar City would no longer participate with Iron County in animal control and that they would no longer respond to calls outside of the city limits. Tom Cardon was asked to discuss this matter with Cedar City to see if an agreement can be reached. The number of calls that the County receives does not make it feasible at this time to hire a full time animal control officer in the county.

OPEN SPACES :

Roy Urie reported on a conference on open spaces to be held in June at the Red Lion Inn in Salt Lake. He said that because he would be in Salt Lake the day before the conference for other meetings that he would stay over and attend this conference.

WASTEWATER TREATMENT :

Tom Cardon discussed hookup fees and monthly fees for wastewater treatment services in county areas. He reported that in meetings with Cedar City that they have established fees within Cedar City at $750.00 for a new hookup and the monthly service fee of $23.00. Enoch City is planning to charge $1,450.00 for a hookup fee and $35.00 for a monthly service fee. Iron County fees will be established at the time an ordinance for wastewater treatment in County areas. It is proposed that the service will be billed through the County Clerks' office for County customers.

PERSONNEL - EXECUTIVE SESSION :

Roy Urie made a motion to convene in an executive session to discuss personnel matters. Second was by Tom Cardon with Robert Gardner voting in favor.

After reconvening an in open session, Tom Cardon made a motion to approve a change in the maintenance worker position at the Corrections Facility from a grade 13 to a grade 15 starting at $11.47 per hour as recommended by Jeff Christiansen, the County Personnel Consultant. Second was by Roy Urie with Robert Gardner voting in favor. The reason for the change is that personnel hired for this position must be POST certified plus have extensive equipment maintenance skills. They also work very closely with prisoners and supervise over prisoner work crews.

PERSONNEL ADVISORY BOARD :

The Commission requested that the Personnel Advisory Board along with a representative from Corrections and the Sheriff's department begin reviewing the County health insurance and prepare a recommendation to the Commission for 1997 employee coverages.

STEVE HEATH :

Steve Heath discussed with the Commission a proposal on a mining historic park at Iron Springs. He also discussed plans for several monuments within the County that explain how Iron County was named along with some history of mining in Iron County.

SURPLUS PROPERTY BIDS :

Bids were opened for the sale of three surplus Sheriff Department vehicles. Bids were received as follows:

89 Ford Taurus $30.00

88 Chev $55.00

$60.00

Don Murdock $313.33

83 Ford Crown Victoria $30.00.

The Commission voted on a motion by Tom Cardon, second by Roy Urie and Robert Gardner voting in favor to sell the 88 Chev to Don Murdock and reject the other bids and allow the sale by private contract.

PERSONNEL :

Council on Aging. The Commission approved the hiring of a senior citizen center director for Parowan: Kathryn Rhodes. This is effective May 1, 1996 on a motion by Roy Urie, second by Thomas Cardon with Robert Gardner voting in favor.

ORDINANCE 140 :

An Ordinance of Iron County adopting an amendment to the Land Management Code was approved on a motion by Tom Cardon, second by Roy Urie with Robert Gardner voting in favor.

IRON COUNTY ORDINANCE 140

AN ORDINANCE OF IRON COUNTY, UTAH ADOPTING AN AMENDMENT TO THE IRON COUNTY LAND MANAGEMENT CODE OF 1981 AND SETTING AN EFFECTIVE DATE.

IT IS HEREBY ORDAINED that the following amendment to The Land Management Code of 1981, Ordinance 78, specifically the C-3 Zone Article XX, Section 2002 added to read as follows:

35). "Warehousing and storage, for every day household items including construction equipment and materials, which must be stored in a completely enclosed building (No office or business shall be located within the storage units without first obtaining a conditional use permit, and any recreational vehicles or motorized vehicles shall comply with section 2008 of this section.)"

This Ordinance shall take effect immediately upon publication one time in a newspaper of general circulation in Iron County, Utah.

Approved and adopted this 28th day of May , 1996 by the board of Iron County Commissioners in regular session assembled in and at their regular place of meeting.

/s/ Robert L. Gardner Robert L Gardner, Chairman

attest:

/s/ David I. Yardley

David I. Yardley, Clerk

Voting: Aye Nay

Robert L. Gardner X

Roy P. Urie X

Thomas B. Cardon X

ORDINANCE 141 :

An Ordinance adopting amendments to the abatement of nuisances was approved on a motion by Roy Urie, second by Tom Cardon with Robert Gardner voting in favor.

IRON COUNTY ORDINANCE 141

AN ORDINANCE OF IRON COUNTY, UTAH ADOPTING AMENDMENTS TO ORDINANCE 114, AN ORDINANCE RELATING TO THE ABATEMENT OF NUISANCES, PUBLIC NUISANCES, JUNK CARS, AND RUBBISH WITHIN THE BOUNDARIES OF IRON COUNTY, UTAH, DEFINING NUISANCE AND PUBLIC NUISANCE, PROVIDING MEANS FOR THE ABATEMENT OF THE SAME AND PROVIDING PENALTIES FOR THE VIOLATION OF THIS ORDINANCE AND PROVIDING AN EFFECTIVE DATE.

IT IS HEREBY ORDAINED that the following amendment to Ordinance 114, is approved.

Nuisance Ordinance Section 2 Subsection 3, Duty of the Inspector be changed to Duty of the Iron County Inspector/Sheriff and read as follows:

2-3. Upon determination that a violation of the provisions of this chapter exists, the Building Inspector or Sheriff's department shall ascertain the name of the owner and description of the premises where the violation exists, and shall service notice in writing upon the owner or occupant of such property, either personally or by mailing notice, postage prepaid, addressed to the Owner or occupant at the last known post office address ad disclosed by the records of the County Treasurer, requiring such owner or occupant, as the case may be, to eradicate, destroy or remove the garbage, refuse, objects, automobiles or structures causing the violation within such time as the building inspector or sheriff's department may designate, which shall be not more than thirty (30) days from date or service of such notice.

2-4. Cleaning Upon Failure to Comply. If any owner or occupant of property described in the notice provided shall fail to comply with the above notice, the Building Inspector or Sheriff's department is authorized to employ necessary assistance and cause that such nuisance be destroyed or removed. The Building Inspector or Sheriffs' department shall prepare an itemized statement of all expenses incurred in the removal and destruction of the same and shall mail a copy thereof to the owner demanding payment within sixty (60) days of the date of mailing. Such notice shall be deemed to be delivered served upon the owner or when mailed by registered mail and addressed to the last know address of the property owner.

This Ordinance shall take effect immediately upon publication one time in a newspaper of general circulation in Iron County, Utah.

Approved and adopted this 28th day of May , 1996 by the board of Iron County Commissioners in regular session assembled in and at their regular place of meeting.

/s/ Robert L. Gardner Robert L. Gardner, Chairman

attest:

/s/ David I. Yardley

David I. Yardley, Clerk

Voting: Aye Nay

Robert L. Gardner X

Roy P. Urie X

Thomas B. Cardon X

ANNEXATION REQUEST :

Glenn Thomson requested approval from the Commission for a proposed annexation to Cedar City. He informed the Commissioners that it was his plan to build an office complex on 2.01 acres in the Cross Hollow area behind the Amerigas property just off U-56. After listening to his proposal, Tom Cardon made a motion not to object to the annexation. Second was by Roy Urie with Robert Gardner voting in favor. David Yardley was asked to write a letter to Cedar City informing them of the County Commissions decision.

After the bills were reviewed and either approved or rejected, the meeting was adjourned.

APPROVED:_____________________________

ATTEST:_____________________________