IRON COUNTY COMMISSION MEETING

JUNE 24, 1996

Minutes of the Iron County Commission Meeting held June 24, 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

Karen J. LeFevre Deputy Clerk

Justin Wayment Assist. County Attorney

Also present:

Dennis Ayers County Assessor

Dennis Lowder County Auditor

Merna Mitchell County Treasurer

Claire Dalton Personnel Director

SYNOPSIS :

AGRICULTURAL PROTECTION AREA HEARING 4

Clark Livestock 5

AMENDING THE BUDGET 5

CENTENNIAL WAGON TRAIN 3

ELECTED OFFICIALS REPORTS 1

Board of Equalization 3

Canvas the ballots 3

Claim of age discrimination 3

Color Country Travel Board 2

half hour radio program 1

Old Iron Town Park 2

Road maintenance 2

ENOCH ANNEXATION 5

FIRE AGREEMENT - State Lands & Iron County 5

GIS SYSTEMS - FOREST SERVICE 6

INSURANCE CLAIMS - Sheets & Talley: 6

MINUTES 1

ORDINANCE 142 ASSESSMENT ON CROSS HOLLOW HILLS SID 4

SCHOOL TRUST LANDS 4

TAX MATTER - MOTOR VEHICLES 6

TAX MATTER- BRIAN HEAD 6

MINUTES :

Minutes of the Commission Meeting held June 10, 1996, were approved as amended on a motion by Tom Cardon, seconded by Roy Urie with Robert Gardner voting in favor.

ELECTED OFFICIALS REPORTS :

Thomas Cardon reported that radio station KSUB has requested County Officials to participate in a half hour radio program on the Tuesday morning following each Commission Meeting at 7:30 A.M. All of the Commissioners will participate on the July 9^th program.

Commissioner Gardner requested that Dennis Lowder and Dennis Ayers do the July 23^rd meeting. The program format will be a brief report from each participant and then answer questions from people calling into the program.

Tom also reported a change in the Color Country Travel Board and he made the motion to appoint LaRee Garfield as the chairman. This was seconded by Roy Urie with Robert Gardner voting in favor.

Roy Urie reported on a tour sponsored by the Dixie National Forest personnel to view the devastation that has been caused by the Spruce Bark Beetle in the Brian Head area. Because so many trees have died and because it has been so dry, the fire danger is very high.

The Navajo Lake road improvement was also part of the tour. Several options for improvement and maintenance were discussed.

Commissioner Urie is also working on a proposed Old Iron Town Park. The site needs to be preserved before more damage is done to the site. He said that a suitable water source for the site will be a problem.

Robert Gardner reported that the developers of Cross Hollow Hills have requested that the County assume road maintenance on roads within the subdivision. The Eirings, located north of Parowan have brought their access road to County standards and they have requested the County to assume maintenance.

A discussion of the County responsibly in maintaining roads within subdivisions followed. The Commission concluded that the policy they have followed in the past will continue to be the County policy. That is maintenance will not be assumed by the County until at least half of the lots within the subdivision are occupied. At that time each subdivision will be reviewed by the County Commission and the Road Supervisor to see if the County is willing to assume maintenance. The County may from time to time do work within an existing subdivision without assuming full maintenance responsibility.

Dennis Lowder reported that the certified tax rate will be lower for all taxing entities. Tax rates are figured on the amount of money collected in the previous year and are then applied to the value on the assessment roll. Tax rates may vary from year to year without affecting the amount of taxes collected.

Board of Equalization dates have been set for the afternoon of August 12, 1996, from 1:30 P.M. to 6:00 P.M., August 26, 1996, from 1:30 P.M. to 6:00 P.M. and Tuesday, August 27, 1996, from 9:00 A.M. to 12:00 P.M. and 1:30 P.M. to 5:00 P.M. The same procedure as last year will be followed which will require an appointment prior to the hearing.

Dennis also discussed a claim of age discrimination which was filed with the Equal Employment Opportunity Commission by some correctional officers. A hearing before a mediator has been scheduled for July 19, 1996, in which the County is to have three representatives present to determine if a settlement can be reached. The settlement conference is currently scheduled to be conducted in Salt Lake City. Justin was asked to contact the EEOC to see if the hearing could be moved to Cedar City. County representatives selected to attend included Dennis Lowder, Robert Gardner and Claire Dalton. If it becomes necessary to have an attorney present, Justin Wayment will replace Claire Dalton.

Merna Mitchell gave the Commission a financial statement for the County through May 31, 1996. Total available funds on the report were $2,186,805.77.

Dennis Ayers reported that his employees have requested permission to view the Centennial Wagon Train as it comes into Parowan. The Commission agreed that this would be a worthwhile use of time for employees in the Courthouse.

Dennis also reported on the Assessors workshop that he had attended. The Assessors discussed with the State Dept. Of Motor Vehicles the possibility of having a flat tax on vehicles. A proposal to eliminate motor vehicle tax would have a 118 million-dollar impact on the State. Dennis will keep the Commission informed of upcoming changes in motor vehicles taxing regulations.

Karen LeFevre reported on the upcoming elections and mentioned that the Commission needed to meet Monday, July 1, 1996, at noon, to canvas the ballots. Commissioners Cardon and Urie reported that they would attend. Commission Gardner would be absent from the County on that day. Dennis Lowder will replace Commissioner Gardner on the Board of Canvassers.

CENTENNIAL WAGON TRAIN :

Verl Taylor, a Parowan resident who has been participating with the Centennial Wagon Train, came to the Commission to discuss some needs as the Wagon Train travels through Iron County. These included the need to furnish water for the animals at rest stops and at their overnight camp at the SR-20 exit.

The Commission said the Road Dept. water truck would be made available to haul water for the animals. Commissioner Urie agreed to provide water troughs for the SR-20 stop. The water truck will follow the train to Paragonah and again provided water at the lunch break.

ORDINANCE 142 ASSESSMENT ON CROSS HOLLOW HILLS SID:

An Ordinance, confirming the assessment rolls and levying assessments against certain properties in the Cross Hollow Hills SID, known as Special Improvement District 94-1 was presented and passed on a motion by Roy Urie, second by Tom Cardon with Robert Gardner voting in favor. A copy of the ordinance will be attached as an exhibit.

SCHOOL TRUST LANDS :

Dave Terry and Lou Brown from the School Trust Lands division came before the Commission to present their goals and priorities concerning trust lands in Iron County.

The State is requesting from the Commission a recommendation regarding their preference regarding the State land being consolidated or left scattered as they presently are. The Commission recommended that parcels be blocked up or consolidated as much as possible. After viewing a map, three areas close to Cedar City were singled out for development. One parcel is located East of the golf course in Cedar City; the second parcel is located on Leigh Hill, and the third is located near the South I-15 interchange near a proposed shopping center. They discussed using the parcels to construct affordable housing as a possible use.

The problem with the Beryl Airport property was also discussed. The Commission would like to settle that problem by either trading land or submitting the $6,000.00 that the County received as the purchase price when the airport was sold to a private company. Mr. Terry will contact Mr. Doyle Fullmer the attorney representing State Lands and Forestry to see if that would be acceptable to the State.

The Commission requested that title to the property where the Beryl Dropbox facility is located be transferred to Iron County by either a land exchange or a purchase. Mr. Terry will follow up on this matter also.

AGRICULTURAL PROTECTION AREA HEARING:

Clark Livestock agricultural protection application was reviewed. A recommendation has not been received from the Planning and Zoning Commission or from the Agricultural Protection Board. The Agricultural Protection Board has verbally recommended approval. No objections to the proposed Agricultural Protection Area have been

The Commission granted approval of the application of Clark Livestock Corp., Clark Brothers Livestock, Robert S. Clark and Richard Q. Clark which is operated as a single farming operation on a motion by Roy Urie, seconded by Tom Cardon with Robert Gardner voting in favor.

FIRE AGREEMENT - State Lands & Iron County:

Ron Larsen representing State Lands & Forestry, and Keith Parke, State Lands and Forestry County Fire Warden, came before the Commission to discuss a new fire agreement. The agreement is similar to the one we have operated under for the past 10 years.

After a discussion of how fire officials determine defendable areas and cabins and the availability of fire equipment, the Commission requested Justin to review the agreement before the County formally approves the agreement. This will be on the next agenda.

AMENDING THE BUDGET :

Dennis Lowder came before the Commission to amend the 1996 budget and set the Certified Tax Rate. On a motion from Tom Cardon, seconded by Roy Urie and Robert Gardner voting in favor the tax rate was set at the certified tax rate which is the highest possible rate without having an election. The County tax rate for 1996 will be .002494.

ENOCH ANNEXATION :

Gaylen Matheson, Enoch City Manager and David Millett, Enoch Mayor, came before the Commission with a request to approve the annexation of the south half of 3600 North from Minersville Highway to Bulldog Road. Currently the annexation line is located in the middle of the road which causes problems with maintenance responsibility.

This annexation would enable Enoch to install street lights and assume maintenance of the full road. With assurances from Enoch, that county residents would not have restrictions on their property access the Commission requested that the Planning & Zoning Commission review this request and if they recommend acceptance of this request and then the Commission will review the proposal and make a decision at that time.

Enoch requested that the County chip seal the road prior to the time it is annexed. Commissioner Gardner was doubtful that this could be done but said he would check with Neil Forsyth of the Road Department.

TAX MATTER - MOTOR VEHICLES :

Dennis Ayers came before the Commission to present a problem in taxing a vehicle. This vehicle was taxed last year with the wrong assessment code for $127.40. When the owner received his 1996 notice, it had been corrected and the amount was $40.19. He is asking that Iron County remit the difference for last year, a total of $85.44. On a motion by Tom Cardon, seconded by Roy Urie and Robert Gardner voting in favor, the money will be refunded for the amount collected in error.

TAX MATTER- BRIAN HEAD :

The Treasurer's Office brought two items before the Commission for approval of tax exempt status. Brian Head Town purchased two parcels of property last year and they have requested an exemption from taxes from the time they assumed ownership.

Tax Account number 345139, has $66.36 which has not been paid. Tax Account 207307, has $20.04 still outstanding. Tom Cardon made a motion to start the tax exemption on the date Brian Head took ownership and to abate the outstanding balance on the two accounts. Second was by Roy Urie with Robert Gardner voting in favor.

GIS SYSTEMS - FOREST SERVICE :

Steve Dodds and Randy Hayman of the Forest Service, came before the Commission to report on their work with Geographic Information System (GIS) and to request cooperation from the County in sharing information. The Commission invited Ivan Spencer Iron County GIS specialist to share his ideas and comments. The Commission is behind the concept of sharing information and building a comprehensive GIS file.

INSURANCE CLAIMS - Sheets & Talley:

A Non-Waiver Agreement between Iron County and AON Insurance Management Services for the insurance claims by Charles Sheets and Chris Talley was reviewed and discussed. On a motion by Tom Cardon, second by Roy Urie with Robert Gardner voting in favor, the agreement was signed.

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

APPROVED:___________________________

ATTEST:___________________________