IRON COUNTY COMMISSION MEETING
APRIL 28, 1997
Minutes of the Iron County Commission Meeting held April 28, 1997, in Commission Chambers at the Iron County Courthouse, Parowan, Utah.
Officers in attendance included:
Thomas B. Cardon Commission Chairman
Roy P. Urie Commissioner
Dennis E. Stowell Commissioner
David I. Yardley County Clerk
Karla Staheli Assist. County Attorney
Also in attendance:
Dennis Lowder County Auditor
Dixie Matheson County Recorder
Merna Mitchell County Treasurer
Ira Schoppmann County Sheriff
Doug Wilson Data Processing Coordinator
SYNOPSIS :
BOARD APPOINTMENTS -2-
Central Iron County Water Conservancy District -2-
CONDITIONAL USE PERMIT AMENDMENT -3-
COUNTY LIABILITY INSURANCE -4-
ELECTED OFFICIALS REPORT
Dave Yardley -2-
Dennis Lowder -2-
Dennis Stowell -2-
Doug Wilson -1-
Ira Schoppmann -2-
Merna Mitchell -2-
Tom Cardon -2-
FINANCING AGREEMENT COURTHOUSE COMPUTER -5-
INTERLOCAL AGREEMENT - SEWER -4-
IRON COUNTY FAIR RODEO QUEEN RULES -4-
MINUTES -1-
PRAIRIE DOG HABITAT CONSERVATION PLAN -5-
RAYMOND LOWE -3-
RELIGIOUS, CHARITABLE & EDUCATIONAL TAX EXEMPTIONS -4-
RESOLUTION 97-5 -5-
RESOLUTION 97-6 VOLUNTEERISM -6-
SURPLUS VEHICLE -4-
UTAH POWER & LIGHT RIGHT-OF-WAY -4-
ZONE CHANGE -3-
DENNIS BAUER -3-
RICHARD ZERKLE -3-
MINUTES :
Minutes of the County Commission Meeting held April 14, 1997, were approved and amended on a motion by Dennis Stowell, second by Roy Urie with Thomas Cardon voting in favor.
ELECTED OFFICIALS REPORT :
Doug Wilson reported that the new computer system had been installed and the changeover had gone very smoothly. The system is up and running in all departments. He was pleased that the system was operating.
Dennis Lowder discussed the implementation of a 1/4 % sales tax in lieu of county property tax. This is a county option which was authorized by the legislature as Senate Bill 26. Iron County has set May 12, 1997, as the first of two public hearings required prior to adopting an ordinance which would implement the proposed tax shift. The second hearing has been scheduled for May 15, 1997, at 7:00 P.M. at the Convention Center on the Southern Utah University campus.
Merna Mitchell said that she was impressed with the speed that the new computer was working at and that it was speeding up her computer programs significantly. Programs that have taken hours to run now run in less than an hour.
Ira Schoppmann reported on recent accidents in the County in which the Sheriff’s officers had responded. He also reported on a burglary of a sheep wagon in the Lund area, and he reported that spouse abuse problems were increasing in the County.
Dave Yardley reported that safety inspections were now due on all county vehicles in order for them to be licensed as a fleet. The disposal of a surplus fire engine at Newcastle was also discussed. Commissioner Urie said that he understood that this vehicle had been obtained through the State Dept. of Lands and Forestry and was to be returned to them when we were through with it.
Dennis Stowell reported on flooding problems north of Paragonah along old highway 91. Commissioner Urie and Neil Forsyth are going to survey the problem and determine what can be done to alleviate the problem.
Dennis also reported that the Council on Aging had been receiving requests for use of the new Senior Citizens bus which is equipped with a wheelchair lift. It was determined that the bus was for use by the County and was to be driven by only County approved employees or volunteers. The County cannot authorize use by non-county groups due to insurance and liability issues.
Tom Cardon reported on progress with the construction of the visitors center. The foundations and basement walls have been poured and work is proceeding on the brick and framing.
Mr. Cardon also discussed the building inspection issue with Enoch City. Currently Enoch has contracted with Beaver City Building Inspector to perform their building inspections. Negotiations are continuing with Enoch City.
BOARD APPOINTMENTS :
Central Iron County Water Conservancy District. The following members were appointed to the board of directors of the Central Iron County Water Conservancy District: Leon Hyatt, Justin Wayment, Tom Williams, Joe Melling, Ronald Williams, Scott Wilson and Eldon Schmutz. The term of office will be determined by the Board as described in Utah Code and the bylaws of the District. Members will serve a term of from 1 to 4 years. The motion of appointment was made by Dennis Stowell second by Roy Urie with Thomas Cardon voting in favor.
ZONE CHANGE -DENNIS BAUER :
Dennis Bauer came before the Commission to request a zone change on property located south of Cedar City. The zone change requested was from an A-20 to C-3. The Planning Commission has recommended approval of the proposed zone change. Commissioner Cardon and Chad Nay reported that the tier system as described in the General Plan was not a problem. Access to the property would be from old highway 91. Roy Urie made a motion to approve the zone change as recommended. Second was by Dennis Stowell with Tom Cardon voting in favor.
Beginning at a point on the North-South 1/4 Section line of Section 32 and on the Southerly right of way line of Interstate 15 which is situated South 0°17'11" East 1538.50 feet from the North 1/4 Corner of said Section 32, thence North 71°44'53" East along the southerly right of way line of Interstate 15 664.54 feet, thence North 89°56'11" East along the north line of the South ½ of the Northeast 1/4 of said Section 32 1168.17 feet to the northerly right of way line of old Highway 91, thence along said northerly right of way line South 59°14'46" West 339.22 feet, thence around the arc of a curve to the right with a radius of 2300.00 feet a distance of 285.80 feet, (the chord of said curve bears South 62°48'22" West 285.62 feet), thence South 66°21'57" West 165.01 feet to a point of curve, thence around the arc of a curve to the right with a radius of 1550.00 feet a distance of 356.46 feet (the chord of said curve bears South 72°57'15" West 355.67 feet), thence South 79°32'32" West 488.32 feet, thence South 83°52'47" West 281.98 feet to the South 1/4 Section line, thence North 0°17'11" West along the 1/4 Section line 383.68 feet to the point of beginning and containing 14.43 acres of land more or less.
ZONE CHANGE - RICHARD ZERKLE :
A zone change request from Richard Zerkle was on the agenda, however, no one appeared to represent the petitioners at the hearing. Therefore, the matter was tabled without action.
CONDITIONAL USE PERMIT AMENDMENT :
Nick Bird. Nick Bird appeared before the Commission to request an alteration of the conditional use permit for Southern Utah Tire Recyclers located at the old Hecla mine property . He requested that the permit be changed to allow for encapsulating baled tires in cement blocks. After listening to his request, Dennis Stowell made a motion to grant the addition of "Eco-Blocks" and a cement batch plant to the original conditional use permit; however, they explained to Mr. Bird that all of the tires encapsulated would be included in the 25,000 limit of tires stored on the property. The conditional use permit will not be expanded to allow more than 25,000 tires at the site. Second was by Roy Urie with Tom Cardon voting in favor.
RAYMOND LOWE :
Raymond Lowe came before the Commission to discuss a planned unit development (PUD) for Rambouillet Retreat. He explained to the Commission that he was under the impression that his planned unit development was already approved and no further action needed to be taken. The Commission explained to Mr. Lowe that since there had been some changes in the PUD as it was presented and preliminarily approved by the Planning Commission, that the proper procedure would be to return to the Planning Commission and present his preliminary plat and ask for their approval of the amendments.
The Health Department and County Commission discussed concerns regarding waste water treatment on the property and Hal Mitchell discussed his concerns with encroachment onto adjacent property owners. After listening to the proposal, the matter was referred back to the Planning Commission.
COUNTY LIABILITY INSURANCE :
Steve Corry and Darrel Child came back before the Commission to ask that a timetable be established to put together bids and bid documents for the 1988 county insurance. They are to return on May 12, 1997, at 11:30 a.m. to present their proposal for bid documents to the Commission.
INTERLOCAL AGREEMENT - SEWER :
Joe Melling and Alice Burns of Cedar City, appeared before the Commission to discuss a proposed interlocal agreement between Iron County and Cedar City regarding county connections on the sewer system. Because of the time that would be required to review this interlocal agreement, the matter was tabled and a meeting was set for May 15, 1997, at 9:00 a.m. at the Cedar City offices. David Yardley was asked to post a notice of that special meeting. This will be a work meeting only between Cedar City and the Iron County Commission.
IRON COUNTY FAIR RODEO QUEEN RULES:
Art Walunas came before the Commission to discuss proposed rules governing the requirements to participate in the Miss Iron County Rodeo pageant. Art explained that there had been some controversy during the last rodeo pageant and he recommended that the rules be specific in defining residency requirements. He suggested that the participants be residents of Iron County or full time students in the Iron County Schools or Southern Utah University. After reviewing the proposed rules, Dennis Stowell made a motion to approve the rules as presented. Second was by Roy Urie with Thomas Cardon voting in favor.
RELIGIOUS, CHARITABLE & EDUCATIONAL TAX EXEMPTIONS:
Claire Dalton presented to the Commission a list of properties that have qualified for an exemption under the Utah State Code which allows for exemptions for religious, educational and charitable facilities. After reviewing the lists of requests, Roy Urie made a motion to approve the list as presented, second was by Dennis Stowell with Tom Cardon voting in favor. A copy of the exemptions are attached to the minutes.
SURPLUS VEHICLE :
The Commission approved listing a 1990 Chevrolet Blazer, serial #1GNEV18K5LF178918 as surplus property. This vehicle has been used by the Sheriff’s Department and has been replaced with a newer model.
The Commission also approved the sale of "Sam, the Talking Car" to Chuck Mitchell as a surplus vehicle on a motion by Dennis Stowell, second by Roy Urie with Tom Cardon voting in favor.
UTAH POWER & LIGHT RIGHT-OF-WAY :
Kendall Cripps presented a right-of-way deed for access to install underground electrical service to the Cedar City TV site. Since this was not an agenda item, the matter was tabled and is to be placed on the next agenda for action.
FINANCING AGREEMENT :
Courthouse Computer. The finance agreement between Iron County and First Security Leasing for the purchase of new equipment and software for the courthouse was approved on a motion by Roy Urie, second by Dennis Stowell and Tom Cardon voting in favor. Tom Cardon then signed the appropriate copies.
RESOLUTION 97-5 LEASE/PURCHASE AGREEMENT COURTHOUSE COMPUTER:
A RESOLUTION AUTHORIZING THE EXECUTION AND
DELIVERY OF AN EQUIPMENT LEASE/PURCHASE
AGREEMENT WITH FIRST SECURITY BANK OF UTAH, N.A.,
AND RELATED MATTERS
WHEREAS, Iron County, Utah a political subdivision of the State of Utah, is authorized to enter into contracts to acquire personal property in the public interest and desires to acquire certain personal property necessary for it to perform essential governmental functions; and
WHEREAS, in order to do so, it proposes to enter into that certain Master Equipment Lease/Purchase Agreement and related documents, including one or more Lease/Purchase Supplements and Acceptance Certificates (collectively the "Agreement") with First Security Bank of Utah, N.A. ("Seller"), as presented at this meeting; and
WHEREAS, the Governing Body deems it in the best interest of this political subdivision and its inhabitants to enter into the Agreement;
Now, therefore, be it and it is hereby resolved as follows:
Section 1 The provisions of all documents which constitute the Agreement are approved in substantially the form presented at this meeting, with such minor changes as may be approved by the authorized officers executing them, the execution thereof being conclusive evidence of such approval. The Chairman of the Board of County Commissioners and the County Clerk are authorized and directed to sign the Agreement and affix the seal of this political subdivision thereto, and the officers and employees of this political subdivision are authorized and directed to take all action reasonably required to carry out the transactions contemplated by the Agreement.
Section 2. Neither a breach of the Agreement nor anything therein or herein shall be construed as creating a debt within the meaning of any constitutional or statutory limit.
Section 3. The Agreement is designated as a "Qualified Tax-Exempt Obligation" within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986 , as amended.
Section 4. If any provision hereof shall be invalid, such invalidity shall not affect any of the remaining provisions. This Resolution shall be effective immediately upon its adoption.
Thereupon, the foregoing resolution was adopted by the following vote:
AYE: Thomas B. Cardon
Roy P. Urie
Dennis E. Stowell
NAY: None
PRAIRIE DOG HABITAT CONSERVATION PLAN :
Ken McDonald came before the Commission and explained progress being made on the draft of the habitat conservation plan for the prairie dog in Iron County. The Commission explained to Mr. McDonald changes that they would like to make in the draft document. Mr. McDonald noted the changes and will edit them into the document. A work meeting will be scheduled at a later date to review and approve the habitat conservation plan.
RESOLUTION 97-6 VOLUNTEERISM :
PROCLAMATION
from the
IRON COUNTY COMMISSIONERS
WHEREAS, Volunteerism is a means for community members to give back to their community, preserving the quality of life valued in Iron County; and
WHEREAS, The Volunteer Center of Iron County was established as a program operating under the Five County Associations of Governments and given the mission to match the needs of the community with the resources available in an effort to confront head-on issues challenging the way of life this community values; and
WHEREAS, The kick-off event for the Volunteer Center will be a day-long Community Service Fair, with agencies recognizing and recruiting volunteers to be held Saturday, May 3; and
WHEREAS, The Retired and Senior Volunteer Program will recognize 150 community volunteers at the Community Service Fair and other agencies will recognize volunteers; and
WHEREAS, Volunteerism throughout our country will be the focus of a National Summit chaired by President Clinton and Former President George Bush on April 27 through April 29;
NOW, THEREFORE BE IT RESOLVED
THAT THE IRON COUNTY COMMISSION
does hereby proclaim
April 27 - May 3, 1997
VOLUNTEER RECOGNITION WEEK
and urges all residents to join in volunteerism efforts.
/s/ Thomas B. Cardon
Commission Chairman
/s/ Roy P. Urie
Commissioner
/s/ Dennis E. Stowell
Commissioner
APPROVE BILLS AND ADJOURN :
After the bills were reviewed and either approved or rejected, the meeting was adjourned.
APPROVED: /s/ Thomas B. Cardon
Thomas B. Cardon, Chairman
ATTEST: /s/ David I. Yardley
David I. Yardley, Clerk