IRON COUNTY COMMISSION MEETING

DECEMBER 23, 1996

Minutes of the Iron County Commission Meeting held December 23, 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

Karla Staheli Assist. County Attorney

Also present:

Dennis Lowder County Auditor

Dixie Matheson County Recorder

Merna Mitchell County Treasurer

Ira Schoppmann County Sheriff

Dennis Stowell Commissioner-elect

SYNOPSIS :

1996 BUDGET AMENDMENTS 7

1997 COMMISSION MEETING SCHEDULE 3, 6

AMY STEWART 6

BOARD APPOINTMENTS 3

Travel Advisory Board 3

Weed Board 3

CHAD NAY 6

CONDITIONAL USE PERMIT - TIRE RECYCLERS 5

COUNCIL ON AGING 7

Sally Pope 7

ELECTED OFFICIALS REPORTS 2

Commissioner Cardon 2

Commissioner Urie 2

David Yardley 2

Dennis Lowder 2

Ira Schoppmann 2

Merna Mitchell 2

ELVIN WEBSTER AWARD 7

FLYING L RANCH SUBDIVISION, PHASE II 4, 5

LAND MANAGEMENT CODE 8

LANDFILL MATTERS 7

MINUTE 2

ONE STOP VISITORS CENTER 4

PERSONNEL 6

Chad Pollack 7

Charles Tripplett 7

Lindy Means 6

Marie Jones 6

Michael H. Gibbs 7

TAX MATTERS 8

TOURISM BOARD BYLAWS 3

WILDERNESS RE-INVENTORY LAWSUIT 8

ZONE CHANGE REQUEST 5, 6

MINUTES :

Minutes of the County Commission Meeting held December 9, 1996, were approved as amended on a motion by Roy Urie, second by Tom Cardon with Robert Gardner voting in favor.

ELECTED OFFICIALS REPORTS :

Ira Schoppmann reported that several civic groups were cooperating to provide Christmas for less fortunate families. He said that over 800 families have requested help at this time within Iron County this year. This shows an increase in requests over past years and may reflect an increase from families moving into the County and not able to obtain employment.

Dennis Lowder reported that we would be in the process of requesting bids for an outside auditor for 1997. Requests will be published before January 1 and will be reviewed and a recommendation will be presented to the Commission for approval. Our current auditor, Dwayne Taylor, is retiring.

Merna Mitchell said that tax collection was running between 11 and 12 million dollars for 1996, leaving a delinquency of approximately 1 million. There are about 4,000 delinquent accounts which is comparable to other years.

Merna also asked about a Christmas bonus program for county employees. She suggested that a percentage of each paycheck be withheld by the County and placed in an account and then given as a Christmas bonus in December. This matter was taken under advisement without action.

David Yardley presented a token of appreciation to Commissioner Gardner. Each one of the elected officials commended Commissioner Gardner for the job he had done and wished him well in future endeavors. This will be the last official Commission Meeting for Commissioner Gardner whose term expires on January 1, 1997. Mr. Gardner was presented with a clock and gavel in appreciation of his service.

Commissioner Urie reported that formation of the water conservancy district in the Cedar Valley is moving forward. There is a meeting scheduled for 4:00 P.M. December 30, 1996, to prepare the final petition for creation to be submitted to the District Court for approval in early 1997.

Commissioner Cardon reported that he had been contacted by the Property Shoppe in St. George regarding County participation in developing a convention center and 9 acres of property near the south interchange in Cedar City. This group approached the Commission earlier in the year and at that time, the Commission told them they were committed to the Convention Center in conjunction with Southern Utah University and were not in a position at this time to pursue funding of another convention center. This group was told at the time that if they wished to pursue development at this site the County would do what they could to support them, however, no funds would be available from the County.

TOURISM BOARD BYLAWS :

Tom Cardon made a motion to approve amendments to the Tourism Board Bylaws which allow the Board to appoint a Chairman and Vice Chairman from current members of the Board. The Commission approved the amendment and added to Section 2.01 The County Commission would make appointments to the Board. Second to the motion was by Roy Urie with Robert Gardner voting in favor and signing the Bylaws.

BOARD APPOINTMENTS :

Travel Advisory Board. Tom Cardon made a motion to appoint H.C. " Dutch" Deutchlander be appointed to a one year term on the Travel Board. Reveen Laile to a two year term on the board and Brian Krietzer to a three year term on the boards and Donna Law to a three year term on the board. Second to the motion was by Roy Urie with Robert Gardner voting in favor.

Weed Board. Commissioner Gardner reported that Craig Clark has been chosen as chairman of the County Weed Board to replace Clemont Adams. He suggested that Steve Lambert, who works for the Utah Dept of Transportation as a weed control specialist, and Lyman Munford, a local Scout Leader which has been very active in weed control projects be appointed to the Board. This would add one person to the current makeup of the Board.

Commissioner Urie made a motion to appoint Steve Lambert and Lyman Munford as suggested. Second was by Tom Cardon with Robert Gardner voting in favor. Commissioner Gardner said he would contact Mr. Lambert and Mr. Munford regarding their appointment.

1997 COMMISSION MEETING SCHEDULE :

The Commission reviewed a proposed schedule of meetings for 1997 after which Commissioner Urie made a motion to approve the meeting schedule as presented and to authorize publication. Second was by Tom Cardon with Robert Gardner voting in favor.

PUBLIC NOTICE

1997 IRON COUNTY COMMISSION MEETING SCHEDULE

NOTICE IS HEREBY GIVEN that the regular Iron County Commission meetings have been scheduled on the following dates:

January 6 (Noon, Swearing in of Elected Officers.)

January 13 January 27

February 10 February 24

March 10 March 24

April 14 April 28

May 12 May 27 (Tuesday)

June 9 June 23

July 14 July 28

August 11 August 25

September 8 September 22

October 14 (Tuesday) October 27

November 10 November 24

December 8 (Final Budget Hearing) December 22

(10:00 A.M.)

Meetings will be held in the Iron County Commission Chambers, 68 South 100 East, Parowan, UT beginning at 9:00 A.M.

Persons or groups wishing to address the Commission must make an appointment with the Iron County Clerk by the Thursday preceding the scheduled meeting.

By Order of the Iron County Commission

David I. Yardley

Iron County Clerk

Adopted: December 23, 1996

ONE STOP VISITORS CENTER :

Tom Gardner, representing Gardner Partnership, presented proposed plans to the Commission for the construction of a one stop visitors center in Cedar City. He said that the plans should be ready to let out for bids on January 6, 1997. Allowing 21 days for contractors to respond, a bid opening could be scheduled for January 27, 1997. He suggested that their estimate on the construction costs were $1,988,000.00. Of the costs, $220,000.00 would be earth work which could be done by the County Road Department. The Commission asked if changes could be made in the plans to allow for additional space on the second floor for the Extension Service which would include finished space, elevator and restrooms. Mr. Gardner said that this could be done but it would add some plumbing changes in the current plans. The Commission requested that this space be included in the final plans. Tom Cardon made a motion to approve the plans with the recommended additions and to authorize the publication of bids after January 8, 1997. Second was by Roy Urie with Robert Gardner voting in favor.

FLYING L RANCH SUBDIVISION, PHASE II :

Darwin Lamb, owner of property designated as Flying L Ranch Subdivision Phase II, came before the Commission to request approval of the final plat. Mr. Lamb explained that he had added a 100 foot right-of-way for a flood channel as requested by the County Engineer. He requested that the County participate in an access bridge across this flood channel.

The County did not approve any participation in the installation of a bridge, however, Tom Cardon made a motion to approve Flying L Ranch Subdivision, Phase II pending approval and signature by the County Attorney and to authorize the Commission Chairman to sign the plat. Second was by Roy Urie with Robert Gardner voting in favor.

ZONE CHANGE REQUEST :

A zone change request which was submitted by Darwin Lamb was not properly noticed therefore, no action was taken by the Commission at this time. The matter was referred to the County Building Department to make sure the publication was correct and that the hearing would be scheduled as soon as notice could be correctly published.

CONDITIONAL USE PERMIT - TIRE RECYCLERS:

Nick Bird came before the Commission to request a conditional use permit to construct a burning facility to burn old tires to heat greenhouses at the old Hecla Mine property west of Beryl Junction. He said that they had all of the State permits in place and approval from the State Division of Air Quality and Solid and Hazardous Waste.

The County Planning Commission had recommended approval with conditions. The conditions included: 1. Comply with State and County laws, 2. Have an approved water plan in place, 3. Provide proof of State approval to move the burning unit from Utah County, 4. Provide an approved culinary water and septic systems on site. Mr. Bird said that they had complied with each of these conditions.

Commissioner Cardon ask Mr. Bird what provisions have been made for wastes generated from the operation of the facility. Mr. Bird said that they would bail and sell the steel from the tires. Carbon black is the other byproduct which would either place in barrels and sold or used it in the greenhouses.

Mr. Bird explained that this system as designed would be able to burn approximately 60 tires per day and that their present plan included moving the headquarters of Dixie Cable Service to this site to use it as their companies headquarters.

Because of future proposed development of a larger burn facility and the relocation of an additional business at the site. The commission requested that a detailed operating plan be submitted including detailed engineering studies for the processes to be used in the operation of the proposed facilities.

A licensing and permit bond will be required in an amount equal to $1.00 per tire for all of the tires held on the site or in holding areas within the County.

Desmond Penny spoke in opposition issuing an operating permit for the operation. He said that there were not enough engineering studies available on the proposed process to explain what was happening within the heat chamber and he was concerned with the possibility of air and water contamination. Walter Mammel also spoke in opposition to approval of a use permit. He said he felt that engineering specifications should be submitted prior to approval. Dennis Stowell said that he was concerned with a fire suppression system on the tires and this should be addressed. Mr. Bird explained that the tire would be separated into smaller tire piles so that fire suppression could take place and the tires would be separated far enough away that fire would not jump from one pile to another in a fire. The matter was referred to the County Attorney and Mr. Bird was asked to contact the Attorney's office to review their proposal and issue an opinion and recommendation prior to Commission approval.

AMY STEWART :

Amy Stewart, represent the Spectrum, requested that the County publish the agenda prior to the County Commission Meetings. She said that many people have requested that the paper publish the agenda prior to the meetings. The Commission explained that they liked to leave the agenda open as long as possible to allow access to the Commission, however, they would make the agenda available to the paper by the Thursday noon prior to the meeting provided that the paper explain that other agenda items may be added which would not appear in the notice.

CHAD NAY :

Chad Nay came before the Commission to present a Certificate of Appreciation to Iron County and to Chad Nay from the State Department of Commerce for the support that the County had given in the Building Inspector Certification program. Chad has been one of the leaders in this program and has been involved in instructing many of the classes for new Building Inspectors.

PERSONNEL :

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

After reconvening in open session, Tom Cardon made a motion to approve the hiring of two part-time nurses at the Corrections Facility. Approve the hiring of Lindy Means as a secretary to replace Ginger Christensen at grade 4 step . Approve the hiring of Marie Jones, Chad Pollack and Charles Tripplett as Correction Officers. Approve the hiring of Michael H. Gibbs as a Maintenance Officer at a grade 15 step 7. All of the positions are at the Correction facility. Second was by Roy Urie with Robert Gardner voting in favor.

LANDFILL MATTERS :

Alan Wade came before the Commission to report that after surveying the power line at the landfill, it was determined that a portion of the power line is located on property owned by Frank Nichols. If it is found that a right of way has not been issued for the power line, one will need to be obtained prior to upgrading the line.

Alan also reported that he had been approached by Atlas Metals to enter into a five year contact to purchase scrap metal and white goods such as washing machines, dryers, refrigerators, etc. at $15.00 per ton. Atlas Metals would come to the landfill to bale and collect these materials once or twice each year. The Commission asked to be able to review any proposed agreements prior to approval.

1996 BUDGET AMENDMENTS :

Dennis Lowder presented the 1996 budget amendments. He explained the changes in the different departments and why the changes were necessary. After reviewing the changes in the budget, Tom Cardon made a motion to amend and approve the 1996 budget as presented. Second was by Roy Urie with Robert Gardner voting in favor. A copy of the amended budget is attached as an exhibit.

ELVIN WEBSTER AWARD :

Roy Urie presented Elvin Webster a plaque commending him for the work that he had done with the Iron County Television Translator System. Mr. Webster is retiring effective January 1, 1997. He was instrumental in establishing and has worked on the Cedar City and Beryl TV sites for more than thirty years.

COUNCIL ON AGING :

Roy Urie made a motion to approve the hiring of Sally Pope as a part-time employee for the Parowan Senior Citizen Center as a cook. Second was by Tom Cardon with Robert Gardner voting in favor.

TAX MATTERS :

Roy Urie made a motion to approve the tax exemption for property purchased during 1996 by Southern Utah University. The parcel numbers are:

Serial # B-0603 Account # 54764 Effective Date April 25, 1996

Serial # B-607-2 Account # 54947 Effective Date September 25, 1996

Second was by Tom Cardon with Robert Gardner voting in favor.

WILDERNESS RE-INVENTORY LAWSUIT :

Utah Association of Counties as requested that Iron County participate in the funding the costs of a lawsuit filed against the Department of Interior and Secretary of the Interior, Bruce Babbitt to prevent the re-inventory of wilderness within Utah. UAC is requesting between $2,000.00 and $5,000.00 per County to help fund this lawsuit. Roy Urie made a motion to approve $2,000.00 as a donation from Iron County. Second was by Tom Cardon with Robert Gardner voting in favor.

LAND MANAGEMENT CODE :

Commissioner Cardon made a motion to convene in executive session discuss legal matters concerning an appeal of a zone change request. Second was by Roy Urie with Robert Gardner voting in favor.

After reconvening in open session, it was suggested that the Commission speak to Mr. Puchner to see if he would agree to withdraw his appeal at this time. The appeal would be placed on indefinite hold until questions concerning the implementation of the General Plan in conjunction with the Land Management Code were discussed and resolved. After talking with Mr. Puchner, the public hearing scheduled for December 30, 1996, was canceled with a stipulation that the matter may be recalled and after appropriate notice, a public hearing will be conducted and action will be taken on the appeal.

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

APPROVED:______________________________

ATTEST:___________________________