IRON COUNTY COMMISSION MEETING

August 26, 1996

Minutes of the Iron County Commission Meeting held August 26, 1996, in Commission Chambers at the Iron County Courthouse, Parowan, Utah.

Officers in attendance included:

Robert L. Gardner Commissioner Chairman

Roy P. Urie Commissioner

Thomas B. Cardon Commissioner

David I. Yardley County Clerk

Justin Wayment Assist. County Attorney

Also Present:

Dennis Ayers County Assessor

Dennis Lowder County Auditor

Doug Wilson Data Processing

Dixie Matheson County Recorder

Merna Mitchell County Treasurer

SYNOPSIS :

BO KARL 3

COURTHOUSE COMPUTER 5

ECONOMIC DEVELOPMENT 4

ELECTED OFFICIALS REPORTS 2

Dennis Ayers 2

Dennis Lowder 2

Dixie Matheson 2

Doug Wilson 2

Roy Urie 2

Tom Cardon 2

FOREST SERVICE AGREEMENT 6

LEDI GRANTS 5

MINUTES 1

ORDINANCE 143 5

SEWER ORDINANCE 5

ORDINANCE 144 & 145 6

ORDINANCE 146 6

RESTAURANT TAX 1996-97 6

PERSONNEL - EXECUTIVE SESSION 3, 4

PUBLIC HEARING 3

VACATING GARRYVILLE SUBDIVISION 3

RESOLUTION 96-8 CROSS HOLLOW HILLS BOND 6

SOUTHWEST PUBLIC HEALTH 4

MINUTES :

Minutes of the Iron County Commission Meeting held August 12, 1996, were approved as amended on a motion by Roy Urie, second by Tom Cardon with Robert Gardner voting in favor.

ELECTED OFFICIALS REPORTS :

Dixie Matheson reported that the number of documents recorded so far this year is almost double from the same time a year ago. This is keeping her office extremely busy and it is causing some budget concerns for the purchase of new books and materials.

Dixie also discussed the procedure for filing "allodial title" documents that are being filed by individuals in some counties in the State. The people are filing these documents with the belief that this will remove their property from the tax rolls. At this time we have not had any filed in Iron County.

Dennis Lowder reported that BOE was scheduled for later today and tomorrow and that hearings were scheduled throughout the day.

Dennis also suggested that Jeff Christensen be contacted to help with recommendations for implementing the second phase of the job study. The commission approved contacting Mr. Christensen to see if he would be available to work with Dennis and Claire.

Dennis Ayers reported that he had some concerns about the scheduling of hearings before the Board of Equalization because of the number of appointments and the appraisers are involved with simultaneous appeals when the hearings will be split. Because there is no way to reschedule the hearings, the appraisers will be ask to review all documentation on the appeals.

Doug Wilson reported that they had installed an infobase on the PC network. This allows for commission minutes and ordinances to be searched for specific items.

Roy Urie reported that the workforce services bill that was passed by the legislature which would consolidate all state services into one agency was reviewed by representatives from County Commissions. The Counties voted not to assume the responsibility to implement this program by a three to one vote. It was the consensus of the Counties that since this is a State program that the State should assume responsibility for it's operation.

Commissioner Urie also reported that the Bureau of Land Management had approved the right-of-way for access to the TV site above the "C" in Cedar City and would allow for work to proceed on that site.

Tom Cardon reported on the public hearing held August 21^st to get comments on a One Stop Visitor Center. Approximately 35 people appeared at the hearing. There were no negative comments voiced. All comments spoke in favor of the proposed plan as presented for a Visitor Center to be located in conjunction with Iron Mission State Park.

PERSONNEL - EXECUTIVE SESSION :

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

After reconvening in open session, Tom Cardon made a motion to approve a step increase for Ron Davis as a Building Inspector. Second was by Roy Urie with Robert Gardner voting in favor. Claire Dalton, Justin Wayment and Chad Nay were asked to draft a trainee policy for the Building Inspectors department. This would eliminate or clarify some of the time constraints on promotions during the training period for building inspectors.

BO KARL :

Mr. Karl came before the Commission to discuss problems that he has in the Midvalley Estates area. He was concerned with families living in Cedar Valley Acres that were using services provided to residences in Midvalley Estates, specifically water. The Commission explained that this was a private water company and the County did not have any control over it's operation.

He also complained about the service that he had received from the Sheriff's department when he had reported an incident in which he felt his life was threatened. That matter was referred to the County Attorney's office.

PUBLIC HEARING -VACATING GARRYVILLE SUBDIVISION:

A hearing to receive public comments on the proposal to vacate the portion of Garryville Townsite Subdivision located north of State Road 56 and west of Beryl Highway, was opened. This matter had been placed on the agenda several months ago and had been referred to the Planning Commission for their recommendation. The Planning Commission recommended that the portion of the subdivision North of SR 56 and West of Beryl highway should be vacated and the legal descriptions be placed back into meets and bounds description. The proposed vacation would leave Pine Street open to through traffic and would allow land owner within the current subdivision access to their property. It would vacate the rest of the streets within that portion of the subdivision.

Berneice Schwartz said that she felt that this was not fair to her as an adjacent property owner because they were planning on using the existing streets as an access to their property. She also stated that this would greatly increase the cost of extending power to their well and a future home. Ron Burgess, and adjacent property owner also spoke in opposition to the proposal.

Sandra McGarry spoke in favor of vacating the subdivision. Gene Butler and Al Pederson also spoke in favor of vacating the portion of the subdivision in question. They said that the subdivision has been there for over forty years and has not been developed. They said this is due partly to seasonal flooding in the area and also because of the lack of services within the subdivision and because the streets were never developed or improved.

The matter was taken under advisement to get a clarification on the availability of power to the property owned by Ms. Schwartz and the Burgesses.

PERSONNEL - EXECUTIVE SESSION :

Diane Reese, representing USU Extension Service, discussed with the Commission a personnel matter in executive session. No action was required by the County Commission.

ECONOMIC DEVELOPMENT :

Les Prall, representing the State of Utah Economic Development, discussed with the Commission, a group that would like to establish a recycling program in Southern Utah. They would like a letter from the County stating that the County would support the development of a recycling facility. The County will not be ask to financially participate in the project.

The program would initially be started in Cedar City, however it would not be limited to Cedar City and would eventually involve the entire County if feasible. There will be study group appointed to study the possibility of establishing a recycling program.

SOUTHWEST PUBLIC HEALTH :

Gary Edwards, representing Southwest Public Health, and Dianne Nielsen representing the Department of Environmental Quality reported that they were developing a certification program for ground water managers. This would be established to help small community system operators manage their water systems.

Gary also discussed private waters systems in which systems that provide service to more than 15 residences must meet state standards and become a public water system.

He also reported that the District Health Department was putting together a model ordinance for septic systems. This will be forwarded to the counties as they become available. Mr. Edwards also reported on other items of concern with public health. He said that they were working with State Solid & Hazardous Waste to approve groundwater testing at the landfill to be for total organic material. This would result in a reduction in costs for the water tests now being done. They also discussed prescribed burns within National Parks and on public lands. With the fire season that Utah has experienced this year it has resulted in some health concerns. No action was required by the Commission at this time. This may be discussed further at the Utah Association of Counties annual meeting in St. George if arrangements can be made.

LEDI GRANTS :

Brent Drew came before the Commission to discuss a grant proposal for a LEDI grant to develop an industrial park in Parowan and also to extend an LEDI for an agricultural enterprise development grant. Commissioner Cardon made a motion to approve applying for the grants. Second was by Roy Urie and Commissioner Gardner voted in favor.

COURTHOUSE COMPUTER :

Doug Wilson discussed upgrading the Courthouse Computer system in 1997. The current system will be paid off in March of 1997. Maintenance costs for 1997 are projected to be $15,000. This rises approximately 10% per year. Doug explained that a new computer with a three year warranty on parts and labor would cost about $40,000 on a four year lease. Maintenance contract for the fourth year would be $1,500. A new computer would pay for itself in about three years with the money the County would save in maintenance contracts. It would also allow for future expansion and greater flexibility in use of additional software programs which are not currently available through Progressive Management Solutions.

ORDINANCE 143 - SEWER ORDINANCE:

A proposed ordinance for sewer service within Iron County was reviewed. Mr. Alfred Puchner discussed with the Commission some concerns that he had with wording in the ordinance. In his case, it would require that he install approximately 16 miles of sewer lines within his proposed subdivision plus another five miles of main line outside of his property to get to the terminus of the current sewer system of Cedar City.

The proposed ordinance specifies that a property owner is required to connect to the sewer system for new construction if it is within 300 feet of a current sewer line. New subdivisions would be required to install a sewer system if they are within 300 feet times the number of lots within the subdivision.

Mr. Puchner had questions about how distances would be measured, in a straight line or as constructed. He requested that the zone change appeal hearing that is pending and is scheduled for September 9, 1996 be postponed until this issue is resolved as this may affect his development plans. Mr. Cardon made a motion to table action on Ordinance 143 to allow for further study of the proposed ordinance. Second was Roy Urie with Robert Gardner voting in favor.

FOREST SERVICE AGREEMENT :

A lease agreement between Iron County and the US Forest Service for the operation of a TV Translator site at Blowhard was approved on a motion by Roy Urie, second by Tom Cardon with Robert Gardner voting in favor and signing the agreement.

ORDINANCE 146 - RESTAURANT TAX 1996-97 :

An ordinance imposing a tourism and recreational, cultural and convention tax and providing for the collection thereof was approved on a motion by Roy Urie, second by Tom Cardon with Robert Gardner voting in favor and signing the Ordinance. The Ordinance becomes effective October, 1, 1996. State law requires this ordinance to be adopted each year that the "Restaurant Tax" is collected.

ORDINANCE NO. 146

AN ORDINANCE IMPOSING A TOURISM, RECREATION,

CULTURAL, AND CONVENTION TAX AND PROVIDING FOR

COLLECTION THEREOF

As authorized by the provisions of Utah Code Annotated, Title 59, Chapter 12, Section 601, et seq., the Board of Commissioners of Iron County ordains as follows:

1. PURPOSE: This ordinance is enacted to provide a source of revenue specifically for financing, in whole or in part, the development, operation, and maintenance of tourism, recreation, cultural, and convention facilities within Iron County. The provisions of this ordinance shall be interpreted and construed to accomplish such purpose.

2. DEFINITIONS: As used in this ordinance:

(1) "Convention Facility" means any publicly owned or operated convention center, sports arena, or other facility used primarily for public or private conventions, conferences, events, and other gatherings.

(2) "Recreational facility" or "tourism facility" means any publicly owned or operated park, campground, marina, golf course, water park, historic park, monument, planetarium, zoo, bicycle trail, or other recreation or tourism-related structure or facility.

(3) "Cultural facility" means an publicly owned or operated museum, theater, art center, music hall, or other similar facility.

(4) "Restaurant" means any facility where food is prepared for immediate service and consumption including, but not limited to, coffee shops, cafeterias, restaurants, luncheonettes, soda fountains, fast food service outlets, and all other similar facilities, but does not include retail establishments whose primary business or function is the sale of fuel and/or food items for off-premise consumption.

3. IMPOSITION OF TAX AND AMOUNT OF TAX: There are hereby levied tourism, recreation, cultural, and convention taxes as follows:

One percent (1%) on all restaurant sales of food and beverages made within Iron County or within any city or town located within Iron County.

4. USE OF REVENUES: The revenues received from the taxes herein levied shall be used solely for financing, in whole or in part, tourism promotion or the development, operation, and maintenance of tourism, recreation, cultural, and convention facilities, and for no other purpose.

5. COLLECTION: Taxes imposed under this ordinance shall be levied and collected at the same time and in the same manner as provided for general sales taxes in Utah Code Annotated, Section 59-12-201, et seq., except that the revenue derived shall not be subject to the distribution provisions of subsection Utah Code Annotated, Section 56-12-205 (2).

6. LICENSE REQUIRED: All persons, companies, corporations, or other similar persons or organization required under the terms of this ordinance to collect the taxes imposed herein shall obtain from the State Tax Commission a Tourism, Recreation, Cultural, and Convention Tax License. No additional license is required if said persons, company, group, corporation, or organization has obtained a license pursuant to the provisions of Utah Code Annotated, Section 59-12-106.

7. PENALTIES: Any person, company, corporation, or other organization subject to the terms of this act which shall fail to obtain the required license or fail to collect the tax imposed by this ordinance shall be guilty of a class B misdemeanor.

8. EFFECTIVE DATE: This ordinance shall become effective upon the 1st day of October , 1996.

APPROVED, ADOPTED, and PASSED by the Iron County Board of Commissioners this 23rd day of August , 1996.

IRON COUNTY BOARD OF COMMISSIONERS:

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

ATTEST:

/s/ David I. Yardley

DAVID I. YARDLEY

IRON COUNTY CLERK

Voting: Aye: All Nay: None Abstain: None

ORDINANCE 144 & 145 :

Two ordinances, one for Dixie-Escalante REA and another for South Central Telephone granting a twenty five year franchise were tabled without action pending further review.

RESOLUTION 96-8 CROSS HOLLOW HILLS BOND :

A resolution authorizing the issuance and providing for the sale of $146,000 Iron County, Utah special assessment bonds, series 1996 (Iron County, Utah Special Improvement District No. 94-1) (The "Bonds"), fixing the interest rates to be borne thereby, prescribing the form of the bond and interest rates, maturity and denomination of said bonds; providing for the creation of a debt service reserve fund, as provided by stature; and other related matters was presented and moved for adoption by Commissioner Urie. Second was by Commissioner Cardon and the voting was as follows: Aye: All Nay: None Abstain: None.

A copy of the complete document will be made a part of the transcript of the bonding procedure and a copy will remain on file in the County Clerk's office.

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

APPROVED:__________________________

ATTEST:_________________________