IRON COUNTY COMMISSION MEETING

NOVEMBER 25, 1996

Minutes of the Iron County Commission Meeting held November 25, 1996, in Commission Chambers at the Iron County Courthouse, Parowan, Utah.

Officers in attendance:

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:

Dennis Lowder County Auditor

Dennis Ayers County Assessor

Dixie Matheson County Recorder

Merna Mitchell County Treasurer

Doug Wilson Data Processing

Dennis Stowell Commissioner Elect

SYNOPSIS :

APPROVAL OF WARRANTS AND ADJOURNMENT 6

BOARD OF EQUALIZATION HEARING 5

COMNET CELLULAR ASSUMPTION AGREEMENT 3

COUNTY PERSONNEL POLICY - WORK HOURS 6

DARRYL BULLOCH-MINOR LOT SUBDIVISION 3

ELECTED OFFICIALS REPORTS 2

David Yardley 2

Dennis Ayers 2

Dennis Lowder 2

Doug Wilson 2

Merna Mitchell 2

EMPLOYEE HEALTH INSURANCE 3

ENOCH CITY - SOLID WASTE COLLECTION AGREEMENT 5

EXHIBIT "A" 6

LANDFILL 5

LIN DRAKE 4

MINUTES 1

PERSONNEL 6

PERSONNEL - JOB REASSESSMENT 6

PUBLIC HEARING - WATER SYSTEMS 3

TAX ABATEMENT 4

ZONE CHANGE APPEAL HEARING - ALFRED PUCHNER 4

MINUTES :

Minutes of the meeting held November 12, 1996, were approved as amended on a motion by Tom Cardon, second by Roy Urie with Robert Gardner voting in favor.

ELECTED OFFICIALS REPORTS :

Dennis Lowder reported that a tentative budget had been drafted and he presented the Commission with a copy of the proposed budget. There will be a few changes in some departments that have been discussed that were not included in these figures, however, the budget will be ready for Commission meeting on December 9, 1996.

Dennis also reported that the County would need a new independent auditor for 1997. Our current Auditor, Duane Taylor, will no longer be available because of illness.

Merna Mitchell reported that tax collections were running behind for this time in the collection cycle. She had a concern for the number of people that have not paid their taxes and if this trend continues, delinquency rates and associated publication costs could be higher than anticipated.

Merna also requested on behalf of employees that the Commission authorize closing county offices on December 24 at 1:00 P.M. Tom Cardon made a motion approving closing the county offices December 24 at 1:00 P.M. Second was by Roy Urie with Robert Gardner voting in favor.

Dennis Ayers discussed the designation between primary and secondary residences for tax purposes apartment complexes. He explained to the Commission that under current standards set by the State that apartments can be designated as primary residences where the tenant uses this as their primary dwelling. A primary residence is taxed at 60% of the fair market value while a secondary residence is taxed at 100% of the fair market value.

Dennis also reported that most of the appraisers in his office had attended and completed a course on the income approach to assessment which was held in Cedar City.

Dennis reported that no factoring order would come from the State for 1996. This is the second year that they have not received a factoring order and that only nine counties within the State did not receive an order this year. Dennis said that this is a reflection on the work his office is doing in complying with State law to keep values close to the fair market value in all classes of real estate.

Doug Wilson reported on problems with the Courthouse computer system which causes the system to freeze. When this happens it causes the entire system to shut down and the down time can be from an hour to a full day. In discussing this with our computer company, PMSI, it has been recommended that the County upgrade the current system to a Power PC computer. The upgrade request is included in the Data Processing budget and should be installed in March of 1997 if the request is approved. PMSI reported that in Counties which have upgraded their systems to Power PC computers, the problems that we are experiencing have disappeared.

David Yardley reported on the general elections held on November 5. He reported that he had concerns with the amount of growth in some of the precincts within the County and he would be making suggestions to realign several districts in 1997.

COMNET CELLULAR ASSUMPTION AGREEMENT:

A proposed agreement for assumption of the site agreement contract at the Parowan TV site between Iron County and Beaver 4 Limited Partnership was introduced by David Yardley. Comnet Cellular has acquired Beaver 4 Limited Partnership and they have requested that Iron County authorize them to assume the Contract. After review, Roy Urie made a motion to approve the assumption agreement. Second was by Tom Cardon with Robert Gardner voting in favor and signing the agreement.

PUBLIC HEARING - WATER SYSTEMS :

A public hearing was opened at 10:15 A.M. to receive input on small public water systems with 15 or less connections. Gary Edwards, representing Southwest Public Health, outlined the proposed rule which would require testing one time on systems that have 5 to 14 connections and would recommend that a test be done on systems with 1 to 4 connections. The proposed regulations would not affect existing systems. Under the proposed rule, water would be required on site prior to approval of a septic system for new construction. These proposed regulations would cover the five County area serviced by Southwest Public Health upon approval of each County Commission. After answering questions about the proposed rules and receiving comments regarding the operation of the rules, Roy Urie made a motion to support the adoption of the rule by Southwest Public Health and Iron County. Second was by Tom Cardon with Robert Gardner voting in favor. The public hearing was then closed.

DARRYL BULLOCH-MINOR LOT SUBDIVISION :

Darryl Bulloch appeared before the Commission to request approval of a minor lot subdivision adjacent to Trossach Loch Estates Subdivision. The subdivision that he is requesting included only one lot and it is adjacent to another minor lot subdivision approved in 1995. After discussing concerns with the method in which the lots are being subdivided in the area and concerns with future developments, Roy Urie made a motion to deny the minor lot subdivision because the proposed division does not comply with state law and county ordinances. Second was by Tom Cardon with Robert Gardner voting in favor. The Commission recommended to Mr. Bulloch that if they wanted to further subdivide in the area, that a second phase to Trossach Loch be completed and submitted for approval.

EMPLOYEE HEALTH INSURANCE :

Jerry Robinson, along with Claire Dalton and Justin Wayment reported on a meeting that the County Employees Insurance Committee held with Intermountain Health Care (IHC) to review a proposal to providing health insurance for Iron County employees for 1997. After reviewing their proposal and allowing Blue Cross / Blue Shield to submit a second proposal, the insurance committee recommended that the County stay with Blue Cross / Blue Shield for 1997. They cited the lists of providers for Intermountain Health Care which consisted of very few doctors in this area and Blue Cross Blue Shield has a large provider list in all areas of the state.

TAX ABATEMENT :

Claire Dalton presented a case in which Alice Smith had failed to apply for a veterans exemption for which she was eligible. She has received the exemption in the past, however, on the required annual application form, the information was not completed. Mrs. Smith appears to qualify for both the veterans and blind exemption. The blind exemption was completed and filed on time. The property serial # B-1097-1, account # 64680.

After reviewing the case, Commissioner Urie made a motion to abate $406.83 of the remaining 1996 property tax. Second was by Tom Cardon with Robert Gardner voting in favor.

LIN DRAKE :

Lin Drake came before the Commission to discuss the endangered species act and concerns he had with adopting a habitat conservation plan (HCP) for Iron County. He expressed concerns that no critical habitat has been defined as required by the endangered species act and he felt that if the County adopted a plan it would give the Federal Fish & Wildlife more jurisdiction than they already have and it would not be in the county's best interest.

Commissioner Gardner explained to Mr. Drake the County's position with the habitat plan and the progress that is being made in getting a workable plan for the County and that public hearings would be conducted prior to the HCP being adopted and implemented. Commissioner Gardner explained the need to have a workable plan that would allow for an orderly plan that would allow for removal of animals from areas where conflicts exist.

ZONE CHANGE APPEAL HEARING - ALFRED PUCHNER A-20 to R-5 :

A public hearing was opened at 11:34 A.M. to receive public comments on a zone change appeal filed by Alfred Puchner for property located north and west of Kanarraville. Several people appeared from the Kanarraville area to voice their opposition to the proposed zone change. Those that spoke in opposition to the zone change included:

Barbara Munford read a statement prepared by Dan Dail in opposition to the proposed change and also expressed her own opposition to the change. Ron Archibald, speaking for himself and as a member of the Kanarraville Town Council, he cited problems with water drainage and traffic in the area. Barbara Prestwich spoke in opposition; Raymond Prestwich spoke in opposition; Dennis Stowell spoke in opposition and felt that the County needed to push growth in the urban areas closer to the existing city limits. He said that he was opposed to what he termed urban sprawl and outside growth. Bill Weymouth, mayor of Kanarraville, spoke in opposition. He cited response to fires and ambulance service and also safety concerns with road access. Ralph Lewis spoke in opposition, Roberta Henderson spoke in opposition, Constance Robinson, mayor of Paragonah, spoke in opposition to such a large area being zoned for development that far from existing city limits. Eldon Schmutz spoke in opposition and cited the fact that if this zone change is approved, other developers in the area would also apply and this change could influence up to 6,000 acres for future development. Walt Hayward spoke in opposition and said that he was opposed to smaller lot sizes in the area.

Alfred Puchner presented his request and expressed concerns that he had. He addressed concerns that had been expressed from those opposed to his development. He explained what the water system would be, what roads would be planned and that all of these things would be addressed in the planning process.

After public comments were received, Commissioner Gardner explained the county's position, that the R-5 zone does not violate the general plan as it is currently drafted and he felt that it would be in the best interest of the County to have control over the development rather than leaving it in 20 acre parcels where the County has no control on the way roads and other services are developed within an A-20 zone.

Because notice had not been published for the required 30 days, the matter was tabled without action pending the 30-day notice as required. A hearing was scheduled for December 30, 1996, at 7:00 P.M. at the Cedar City Council Chambers. David Yardley was asked to publish the notice as soon as possible.

BOARD OF EQUALIZATION HEARING :

A board of equalization hearing regarding property controlled by AmPAC with includes WECCO, Halotron and American Azide was discussed. After reviewing concerns by Terry Naylor, representative from AmPAC, and the way that the property was assessed. Mr. Naylor disagreed with the tax schedule that was used on the Halotron property and he thought it should be assessed as a lease hold property which would place the property on a different depreciation schedule.

After reviewing the available information, Tom Cardon made a motion to approve the Assessors valuation, second by Roy Urie with Robert Gardner voting in favor. Mr. Naylor was informed of their right to appeal the valuation to the State Tax Commission.

LANDFILL :

Alan Wade came into the Commission to discuss the power line at the landfill. He said that in discussions with Utah Power officials that in order to proceed with the installation of a new line, a letter from the County stating that we are a government entity should be submitted. Funds for the installation of the power line would not be required until construction is complete.

No action was taken at this time to allow for survey work to determine the best route for the line and also where County property lines were located. It was felt that the power line should be located on County property which would make it a requirement for any future individuals or companies hooking up to that service to pay their proportionate share of the cost of installation.

ENOCH CITY - SOLID WASTE COLLECTION AGREEMENT :

The Commission looked at a proposed agreement for the collection service that is being preformed by Enoch City. Dennis Lowder reported that the cost figures quoted in the agreement were not correct and Commissioner Cardon suggested that the County add interest to the unpaid balance of the purchase price of the truck and containers.

PERSONNEL :

Claire Dalton presented several personnel matters. Two employees have requested extended sick leave. Frank Slack underwent surgery and his doctor recommended extended leave. He has enough accrued sick leave to cover the time he expects to be off. Tamara Melling has requested extended leave while she has a baby. She will use accrued sick leave and leave without pay under the Family Leave Act.

The Sheriff's department has requested that Mike Bleak, a deputy sheriff, be allowed to receive donated vacation time from other officers while he is ill. Mr. Bleak will also need approval for extended sick leave. Mr. Bleak has not worked for the county long enough to accrue sufficient sick leave to cover the illness he is experiencing. Tom Cardon made a motion to approve the extended leave and donated vacation time as requested. Second was by Roy Urie with Robert Gardner voting in favor.

COUNTY PERSONNEL POLICY - WORK HOURS :

Justin Wayment presented a proposed amendment to the County personnel policy for the workday. Tom Cardon made a motion to adopt the work hours as presented. Second was by Roy Urie with Robert Gardner voting in favor. The amendment is attached as Exhibit " A".

PERSONNEL - JOB REASSESSMENT :

The LPN at the Correctional Facility had requested that the job description be reviewed to determine if the correct grade had been recommended. After a review by Jeff Christensen, the county personnel consultant, it was recommended that the job description and grade recommendation in the 1995 study were correct and that the LPN position remain at the current grade and step. The Commission adopted his recommendation.

APPROVAL OF WARRANTS AND ADJOURNMENT :

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

APPROVED:___________________________

ATTEST:_________________________

EXHIBIT "A"

The normal workday for full-time employees shall be eight (8) hours per day, lunch not included, and the normal workweek shall be forty (40) hours per week, unless specifically altered in the departmental working rules and approved by both the departmental head and the Iron County Commission, or as otherwise allowed by the nature of the work of a salaried job classification. Under no circumstances shall compensatory time be earned during normal working hours by skipping "lunch periods" or "break periods." Although "break periods" are no longer required by Federal law, Iron County still allows two (2) breaks per day. They are a privilege granted by the Iron County Commission to be used only during regular working hours. Satellite County Offices will work the same schedule.