IRON COUNTY COMMISSION MEETING

JANUARY 13, 1997

Minutes of the Iron County Commission Meeting held January 13, 1997, in Commission Chambers at the Iron County Courthouse, Parowan, Utah, convening at 1:00 P.M.

Officers in attendance included:

Thomas B. Cardon Commission Chairman
Roy P. Urie Commissioner
Dennis E. Stowell Commissioner
David I. Yardley County Clerk
Scott M. Burns County Attorney
Karla Staheli Assist. County Attorney

SYNOPSIS :

AGRICULTURAL PROTECTION AREA APPLICATIONS 2
BERYL FIRE DEPARTMENT 3
CHAD NAY 4
COMMISSION ASSIGNMENTS 2
SUMMARY OF ASSIGNMENTS 5
LAND MANAGEMENT CODE AMENDMENTS 4
MINUTES 1
PARAGONAH TOWN 3
PAROWAN CITY DUMP 2
PENDING LITIGATION 1
PERSONNEL 2
RECORDS REQUEST APPEAL, JOSEPH WISDEN 4
REORGANIZATION OF COMMISSION 1
SOUTHERN UTAH TIRE RECYCLERS 3
SUU FUNDING REQUEST 3

REORGANIZATION OF COMMISSION :

Roy Urie made a motion to appoint Thomas B. Cardon as the Commission Chairman. Second was by Thomas B. Cardon. Dennis Stowell was not present at this time and did not vote.

MINUTES :

Minutes of the County Commission Meeting held December 23, 1996, were approved as amended on a motion by Roy Urie, second by Tom Cardon. Dennis Stowell was not present at this time and did not vote

PENDING LITIGATION :

Roy Urie made a motion to convene in executive session to discuss pending litigation against the County. Second was by Tom Cardon. Dennis Stowell was not present at this time and did not vote.

After reconvening in open session, a motion was made by Roy Urie to approve retaining David Nuffer to continue to represent the County in the Charles Sheets and Chris Talley lawsuit. Second was by Dennis Stowell with Tom Cardon voting in favor.

PAROWAN CITY DUMP :

Norm Day and Steve Decker, representing Parowan City, came before the Commission to discuss the operation of the roll-off box facility at Parowan. They also requested that the County help to cover the old dump by providing county equipment to cover the old dump so that it can be permanently closed. This would require approximately 2 1/2 feet of cover. Parowan City would then apply for the proper permits to operate the area as a class D landfill.

This would help to eliminate tree limbs and yard waste from the roll off bins and the County landfill. The matter was referred to Commissioner Urie to coordinate with Neil Forsyth to see if County equipment was available and what work needed to be done at the site.

AGRICULTURAL PROTECTION AREA APPLICATIONS:

David Yardley reported to the Commission that three agricultural protection area applications that have been received. Jack Smith, Gerald Carter and Delbert Fullwood have filed applications and notice has been or is in the process of being published. The next step is to submit the applications to the Planning & Zoning Commission and Agricultural Protection Board for their review and recommendation.

1997 PUBLIC DEFENDER BIDS :

Bids for providing public defender services in Iron County for 1997 were reviewed. Three bids were received and considered.

1. The Park Firm bid $82,500.00 with $250.00 per appeal.

2. Pat Fenton bid $60,000.00 with $5,000.00 per appeal.

3. Will Leigh bid $60,000.00 with $7,000.00 per appeal.

There has been approximately 10 appeals filed per year. With the difference in the appeal cost, Scott Burns recommended that the County accept the bid of the Park Firm. Dennis Stowell made a motion to accept the bid of the Park Firm as the public defender for 1997. Second was by Roy Urie with Tom Cardon voting in favor.

COMMISSION ASSIGNMENTS :

The Commission reviewed different areas of their assignments and responsibilities for the upcoming year. A copy of their various assignments is attached to the minutes as Exhibit "A".

PERSONNEL :

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

After reconvening in open session, Roy Urie made a motion to approve the hiring of POST certified peace officers as bailiffs. Second was by Dennis Stowell with Tom Cardon voting in favor.

Roy Urie also made a motion to approve a wage increase for David Brickey to $41,900.00 as requested by Scott Burns. Second was by Dennis Stowell with Tom Cardon voting in favor.

PARAGONAH TOWN :

Trisha Robb came before the Commission to ask for help with road maintenance on 300 West street in Paragonah. This road is not currently well maintained and in researching the city plats, it appears there is a question as to whether this road is included in Paragonah Town or if the town boundary stops at the road right of way and the road would be a county road. Trisha Robb was asked to research ownership further and also determine who has been receiving the road funds for this road. This matter was taken under advisement.

SOUTHERN UTAH TIRE RECYCLERS :

Nick Bird, representing Southern Utah Tire Recyclers, came before the Commission to submit documentation requested for a conditional use permit to operate a tire burning operation at the Hecla mine site. He said that they eventually plan to burn approximately 300 tires per day. He outlined fire prevention and control procedure and has cleared their plan with the county fire marshal.

An irrevocable bond for $25,000.00 issued to Iron County for use in case the Company defaults to be used to fund clean up the site was also discussed. The Company is to file the bond with the County Clerk. The Company has also agreed to limit the stockpile of tires at the site to no more than 25,000.

After reviewing all of the requirements for the conditional use permit, Roy Urie made a motion to grant a conditional use permit for 180 days and approve a building permit for the greenhouses that need to be built at the site provided that the bond is filed with the County Clerk's office. The conditional use permit become effective on January 13, 1997 and is limited to 180 days. Second was by Dennis Stowell with Tom Cardon voting in favor.

SUU FUNDING REQUEST :

Clayton Frehner, representing Southern Utah University, came before the Commission to request that Iron County participate in funding a brochure to be distributed in northern Utah schools and other areas to recruit students to attend Southern Utah University. He requested $22,000.00 from the County. Mr. Frehner said they were requesting a $20,000.00 donation from Cedar City also. Iron County is the first entity contacted to request funds.

Mr. Frehner indicated to the Commission that time was of the essence and this brochure needed to be circulated by March 11, 1997 to coincide with Founders Day and the celebration of the School Centennial. The Commission was concerned about the amount of participation that the County is involved in with the University in funding a part of the convention center, Shakespeare and Summer Games. The County is also funding the construction of a visitors center which would come from the same funding source.

The matter was taken under advisement without action at this time to determine if any funds would be available to participate in this request.

BERYL FIRE DEPARTMENT :

The Beryl Fire Department has requested full funding to purchase a truck that is scheduled to be paid for over a three year period. After reviewing their request, Roy Urie made a motion to approve the Beryl Fire Department request for the truck purchase, second was by Dennis Stowell with Tom Cardon voting in favor.

LAND MANAGEMENT CODE AMENDMENTS :

Chad Nay came before the Commission to discuss proposed amendments to the land management code and the general plan. The general plan would be amended from a mandatary compliance document to an advisory document. The Land Management Code would be amended by changing guidelines for development within the A-20 zone. Other zones and Subdivision requirement would also be reviewed to clarify uses and development procedures.

Presently the way the ordinance adopting the general plan is written, it is mandatory to follow the plan as it is written. This has created some problems with proposed development within the County and it creates conflicts with the Land Management Code. The matter is to be referred to the Planning & Zoning Commission for their recommendation.

RECORDS REQUEST APPEAL, JOSEPH WISDEN :

Joseph Wisden requested copies of the Oath Of Office of several elected officials. He wrote and said that he was not satisfied with the format in which the documents were returned to him.

After review by the County Attorney's office, no action was recommended at this time.

After the bills were reviewed and either approved or rejected, the meeting was adjourned at 5:00 P.M.

APPROVED:_________________________



ATTEST:____________________________





EXHIBIT "A"

SUMMARY OF ASSIGNMENTS

IRON COUNTY COMMISSION

January 13, 1997

Commissioner Roy P. "Pug" Urie Contact Person

Roads Neil Forsyth

Solid Waste Alan Wade

Fire Protection Clinton Neilson

Lands & Natural Resources

Weed Board Alan Edwards

Libraries Afton LeFevre

Justice Courts Margaret Miller/Ken Adams

Flood Control Ken Sizemore & Steve Platt

Utah Association of Counties

Lands, Development, Resources, Transportation



Commissioner Thomas B. Cardon

Tourism/Conventions LaRee Garfield

Jail/Law Enforcement Ira Schoppmann/Jim Stewart

Public Safety Ira Schoppmann

Youth Detention Advisory Board

Planning & Zoning Clinton Neilson

Building Inspector Chad Nay

Industrial Development Brent Drew/Joe Melling

Airports Lorin Brown

Liaison Auditor & Treasurer Dennis Lowder & Merna Mitchell

Personnel Dennis Lowder & Claire Dalton

Utah Association of Counties

Law Enforcement, Corrections, Courts, Revenue & Taxation

Commissioner Dennis E. Stowell

Fairs and Shows Art Walunas

Parks & Recreation Ken Wehr 586-0637

Television Dennis Johnson

Mental Health Paul Thorpe

Public Health Gary Edwards

Hospitals Craig Smedley

Ambulance Ron Johnson

Senior Citizens Connie Lloyd & Bob Rasmussen

Intergovernmental Relations Mayors & AOG

Data Processing Doug Wilson

Liaison Assessor & Recorder Dennis Ayers & Dixie Matheson

County Buildings David Yardley

Parowan Gap Project

AOG Human Services Beth Cottam

Utah Association of Counties

Human Services