Minutes of the regular meeting of the Iron County Commission held June 9, 1997 convened at 9:00 a.m. 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

Scott M. Burns County Attorney

Karla Staheli Asst. County Attorney

SYNOPSIS :

MINUTES 1

COMMISSION REPORTS 1

Girls State 1

Coordinating Council 2

Public Health Meeting 2

Paiute Tribe 2

Chris Gale Wagon Train Request 2

Traffic Light Easement at Fiddlers Canyon 2

PERSONNEL 2

Angela Smith 2

RESOLUTION 97-9 3

ADOPTING ROAD STANDARDS 3

SURPLUS PROPERTY - FIRE ENGINE 7

ORDINANCE 152 7

COUNTY OPTION SALES TAX 7

HAL MITCHELL - ROAD CONCERN 10

COUNTY LIABILITY INSURANCE REVIEW 10

BRE TT RICH 10

LAND MATTER - CEDAR LAND TITLE 10

ORDINANCE 153 10

EL MONTE SUBDIVISION IMPROVEMENTS 12

GREENBELT REQUEST 12

GOMEZ CONSULTING GROUP 12

DAN WIARDA - CLARIFICATION ON COUNTY POLICY 13

TAX SALE APPROVAL 13

EXECUTIVE SESSION 13

NOTICE OF SPECIAL MEETING 13

APPROVAL OF WARRANTS AND ADJOURN 13

MINUTES :

Minutes of the Iron County Commission Meeting held May 26 were approved as amended on a motion by Dennis Stowell which was seconded by Roy Urie. Tom Cardon voted in favor.

COMMISSION REPORTS :

Girls State: County day at Girls State is scheduled for June 11 at the Convention Center on the SUU campus. The elected officials have been asked to participate and explain their respective offices to the Girls State participants.

Coordinating Council: Dennis Stowell reported that the Coordinating Council is scheduled to meet on June 12. Items for discussion include progress on the Prairie Dog habitat plan, landfill operations, adoption of impact fee schedules, and coordinated street plans.

Public Health Meeting: Dennis Stowell also reported that the Southwest Public Health meeting was scheduled for 10:00 a.m. on June 12 at the Beaver County Courthouse. The main item of discussion at this meeting will be to discuss a proposed model ordinance to regulate water systems smaller than current Utah State regulations. This would include private water systems with 15 or less hookups. Copies of the proposed ordinance are available to the public at the offices of Southwest Public Health Department.

Paiute Tribe: The Paiute Tribe will be dedicating their new tribal building in Cedar City on June 12. The Commission and the public are invited to attend.

Chris Gale Wagon Train Request: A request received from Chris Gale to help with expenses associated with participating in the Sesquicentennial Wagon Train as a representative from Iron County was considered. Roy Urie made a motion to approve $500 from the Tourism and Convention budget and $500 transferred from a previous request from the Parowan participants in the Sesquicentennial Wagon Train. Second was by Dennis Stowell and Tom Cardon voted in favor.

Traffic Light Easement at Fiddlers Canyon: A request for an easement at the Fiddlers Canyon Office Building. The light would be placed on the corner of Fiddlers Canyon Drive and Main Street. Roy Urie made a motion to approve issuing an easement provided that the State help in the replacement of handicapped parking that will be eliminated. Second was by Dennis Stowell and Tom Cardon voted in favor.

County Surplus Property: The Corrections facility has surplus property that they would like to dispose of. The items have been advertised for bids in the past and they need to be disposed of. David Lovell has suggested that a yard sale be conducted in which the items may be sold. Roy Urie made a motion to authorize a yard sale of surplus items from various County departments. Second was by Dennis Stowell and Tom Cardon voted in favor.

PERSONNEL :

A request from the Sheriff to promote Angela Smith from a part time employee to a full time position at a Grade 7 Step 1 effective June 1, 1997 was approved on a motion by Dennis Stowell. Second was made by Roy Urie and Tom Cardon voted in favor.

RESOLUTION 97-9 ADOPTING ROAD STANDARDS :

A resolution to adopt County road standards of construction was presented by David Yardley. After review the resolution was adopted on a motion by Roy Urie, Second by Dennis Stowell and Tom Cardon voted in favor.

A RESOLUTION OF IRON COUNTY ADOPTING STANDARDS FOR ROAD CONSTRUCTION WITHIN IRON COUNTY.

WHEREAS, Iron County has adopted a standard sixty six foot (66') width for County Road Rights of Way; and

WHEREAS, a road construction standard has not been adopted by Iron County; and

WHEREAS, the public health safety and welfare require adequate roads for public access of emergency vehicles and general traffic; now therefore

BE IT RESOLVED by the Board of Iron County Commissioners that the attached minimum standards are hereby adopted for road construction within Iron County and are attached by reference as the following exhibits:

(1) Exhibit "A" Gravel Road.

(2) Exhibit "B" Chipseal Surface.

(3) Exhibit "C" Paved Surface.

BY ORDER OF THE BOARD OF COUNTY COMMISSIONERS dated this 9^th day of June , 1997

Signed: /s/ Thomas B. Cardon

Thomas B. Cardon, Commission Chairman

Attest:

/s/ David I. Yardley

David I. Yardley, Iron County Clerk

Voting: Aye Nay

Thomas B. Cardon X

Roy P. Urie X

Dennis E. Stowell X

SURPLUS PROPERTY - FIRE ENGINE :

A request from Eagle Valley Nevada Fire Department for the donation of a 1956 American LaFrance fire engine which is located in Newcastle was discussed. Roy Urie made a motion to declare the fire engine surplus and offer it to other fire departments within the County. If the other departments cannot use the vehicle then it is authorized to be sold to Eagle Valley Fire Department for $2,000. Second was by Dennis Stowell and Tom Cardon voted in favor.

ORDINANCE 152 - COUNTY OPTION SALES TAX :

A hearing to discuss the adoption of a 1/4% County Option Sales Tax was opened for public comment. Commissioner Cardon explained what hearings were previously held. At the public hearing it was explained that the County portion of the property tax would be reduced by a corresponding amount generated by the sales tax. This is a tax shift allowing the County a funding source not previously available.

No one spoke in opposition to the proposed ordinance. The matter was then called for a vote on a motion by Dennis Stowell. The motion was seconded by Roy Urie and Tom Cardon voted in favor.

AN ORDINANCE ENACTING CHAPTER 3.06, IRON COUNTY CODE OF ORDINANCES, AS AMENDED, RELATING TO OPTIONAL COUNTY SALES AND USE TAX.

The Board of County Commissioners of the County of Iron, State of Utah, ordains as follows:

SECTION I. Chapter 3.06, Iron County Code of Ordinances, as amended, is enacted to read as follows:

Sections:

3.06.010 Title of Provisions.

3.06.020 Statutory Authority

3.06.030 Purpose of Provisions

3.06.040 Imposition - Amount

3.06.050 Incorporation of State Law

3.06.060 Administration Collection and Distribution by State.

3.06.070 Exemptions

3.06.080 Effective Date

SECTION II. Section 3.06.010 is enacted to read as follows:

3.06.010 Title of Provisions.

The ordinance codified in this chapter shall be knows as "The Optional County Sales and Use Tax.

SECTION III. Section 3.06.020 is enacted to read as follows:

3.06.020 Statutory Authority.

The authority for imposing this tax is derived from Title 59, Chapter 12, Part 9, Utah Code Annotated, 1953, as amended.

SECTION IV. Section 3.06.030 is enacted to read as follows:

3.06.030 Purpose of Provisions.

The ordinance codified in this chapter is enacted to provide the County with a source of revenue to allow the County to more effectively carry out its role as a political and legal subdivision of the State of Utah. The Board of County Commissioners hereby directs that the provisions hereof be interpreted and construed to accomplish this stated purpose.

SECTION V. Section 3.06.040 is enacted to read as follows:

3.06.040 Imposition - Amount.

In addition to all other taxes imposed, the County does hereby impose and levy for collection a sales and use tax of 1/4 of 1% upon the sales and uses described in Title 59 Chapter 12 Section 103(1), Utah Code Annotated, 1953 as amended, subject to the exemptions provided for in Title 59 Chapter 12 Section 104, Utah Code Annotated, 1953 as amended. This tax is imposed upon all sales and uses made in the County, including sales and uses made within limits of the cities and towns of the County. Provisions of this Ordinance shall be subject to the provisions of the Sales and Use Tax laws of Utah to which reference is hereinafter made in this Chapter and which are hereby enacted and made a part of this Ordinance as though fully set forth herein.

SECTION VI. Section 3.06.050 is enacted to read as follows:

3.06.050 Incorporation of State Law.

Except as hereinafter provided and except insofar as they are inconsistent with provisions of the County Option Sales & Use Tax Act, all the provisions of Title 59, Chapter 12, Part 1, Utah Code Annotated, 1953, as amended, in force and effect on the effective date of this ordinance insofar as they relate to the tax imposed by this ordinance except Title 59 Chapter 12 Section 101 and Title 59 Chapter 12 Section 119, Utah Code Annotated, 1953 as amended, thereof, are adopted and made a part of this ordinance as though full set forth herein.

Whenever and to the extent that in Title 59, Chapter 12, Part 1, Utah Code Annotated, 1953, as amended, the State of Utah is named or referred to as the taxing agency, the name of this County shall be substituted therefor. Nothing in this subparagraph shall be deemed to require substitution of the name of the County for the word "state" when that word is used as part of the title of the State Tax Commission, or the Constitution of the State of Utah, nor shall the name of the County be substituted for that of the state in any section when the result of that substitution would require action to be taken by or against the County or any agency thereof, rather than by or against the State Tax Commission in performing the functions incident to the administration or operation of this ordinance.

SECTION VII. Section 3.06.060 is enacted to read as follows:

3.06.060 Administration Collection and Distribution by State.

Taxes imposed pursuant to this ordinance shall be levied at the same time and collected in the same manner as provided for in Title 59, Chapter 12, Section 201, et. seq. 1953, Utah Code Annotated, 1953 as amended, except that the revenue derived from the tax is not subject to the collection and distribution procedures established pursuant to the provisions of Title 59 Chapter 12 Section 205(2), Utah Code Annotated, 1953, as amended. Revenues collected pursuant to this ordinance shall be distributed in accordance with Title 59 Chapter 12 Section 902(3), Utah Code Annotated, 1953 as amended, and the rules adopted by the Utah State Tax Commission pursuant to Title 59 Chapter 2 Section 902(3)(d), Utah Code Annotated, 1953 as amended. All revenues so collected shall be revenues of either Iron County or of any other county entitled to distribution of the same pursuant to the statute.

Any records, tax returns or other information of any person, corporation, company, or other group or organization subject to the taxes imposed by this ordinance which relate to the calculation, collection or remittance to the State Tax Commission of such taxes shall be subject to review, inspection, and audit by Iron County.

The fee charged Iron County by the State Tax Commission under Title 59 Chapter 12 Section 206, 1953, Utah Code Annotated, 1953 as amended, shall be based on the distribution amount resulting after all applicable distribution calculations under Title 59 Chapter 12 Section 902(3), Utah Code Annotated, 1953 as amended, have been made.

SECTION VIII. Section 3.06.070 is enacted to read as follows:

3.06.070 Exemptions.

The sale, storage, use or other consumption of tangible personal property which is exempt from sales or use taxation pursuant to, Title 59 Chapter 12 Section 104, Utah Code Annotated, 1953 as amended, is exempt from the application of the Optional County Sales and Use Tax.

SECTION IX. Section 3.06.080 is enacted to read as follows:

3.06.080 Effective Date.

The tax imposed by this ordinance shall take effect January 1, 1998.

SECTION X. This ordinance shall become effective July 1, 1997 and upon publication in the manner provided by Title 17 Chapter 15 Section 1, Utah Code Annotated, 1953 as amended, and all provision shall be severable so that if any section, clause, or term is held unconstitutional or contrary to law the void character shall not effect any of the remaining portion of this Ordinance.

Approved and adopted this 9^th day of June , 1997 by the board of Iron County Commissioners in regular session assembled in and at their regular place of meeting.

/s/ Thomas B. Cardon Thomas B. Cardon, Chairman

Attest:

/s/ David I. Yardley (Seal)

David I. Yardley, County Clerk

Voting: Aye Nay

Thomas B. Cardon X

Roy P. Urie X

Dennis E. Stowell X

HAL MITCHELL - ROAD CONCERN :

Hal Mitchell came before the Commission to discuss concerns with rumors that a portion of a County Road right of way was to be fenced. Mr. Mitchell explained to the Commission that this would separate his watering facilities for his cattle from his adjacent BLM permit. The Commission explained that they have not received a request to fence the right of way.

Mr. Mitchell also requested that the existing right of way be extended from its current termination to the end of Section 17, Township 32 South, Range 8 West, SLB & M. This would provide access to existing primitive roads in the area and would divert traffic around the Eiring property which is being developed.

After reviewing his request, Dennis Stowell made a motion to authorize the County to apply for a 66 foot wide right of way across the South end of the above described section as requested. Second was by Roy Urie and Tom Cardon voted in favor. David Yardley was asked to submit the appropriate application to the Bureau of Land Management.

COUNTY LIABILITY INSURANCE REVIEW - BRE TT RICH :

Brett Rich representing the Utah Association of Counties Insurance Mutual came before the Commission to review proposed bid specifications prepared by Olympus Insurance. He explained the purpose of the Mutual and corrected information on the policy limits now included in coverage for the County. The Commission thanked Mr. Rich for his presentation. No action was needed or taken at this time.

LAND MATTER - CEDAR LAND TITLE :

Mitch Schoppmann, Cedar Land Title Company, representing property owners, requested a quit claim deed for 160 acres in the Lund area. The property was sold to the County at the tax sale in 1936. In 1937 the property was redeemed by the property owner but a deed was not issued by the County. The owners have continued to pay taxes on the property since 1937.

Roy Urie made a motion to authorize the County to issue a Quit Claim Deed to LeRoy Bassler for property located in Section 5, Township 33 South, Range 12 West, SLB&M. Second was by Dennis Stowell and Tom Cardon voted in favor.

(Deed was recorded in Book 604, Page 415)

ORDINANCE 153 - REQUIRING COMPLIANCE WITH LAND MANAGEMENT CODE:

A public hearing was opened to hear comments on a proposed ordinance which would require subdivisions to be in compliance with the Iron County Land Management Code 1981 as amended was introduced by Commissioner Cardon. Commissioner Stowell then explained the reasons the County is requiring subdivision improvements. These included public water systems, adequate roads, and in some cases, adequate wastewater disposal.

Karla Staheli then read the ordinance and cited the authority ( UCA 17-27-404) to adopt a temporary regulation to allow time to draft, hold public hearings, and adopt a permanent ordinance.

Public comments were then received. Approximately 200 people attended the hearing.

Tom Higbee, representing several home builders and Realtors explained their position as developers that they have had a "substantial reliance" that the County would continue to operate under obsolete codes. He further explained their position that this would be considered a "taking" and would place the County under liability to compensate property owners.

Worth Grimshaw, Enoch City mayor, explained problems with allowing non-conforming subdivisions to continue to develop under obsolete codes. He said this could jeopardize community water wells by polluting the underground water supply.

Matt Hunting asked if studies have been completed to pinpoint specific pollution problems and wondered why all subdivisions should be required to comply with the Land Management Code.

Bobbie Eiring suggested using an alternative waste water disposal system by creating artificial wetlands to replace septic systems.

David Peck questioned why subdivisions some distance from the wastewater treatment plant should be required to connect. The Commission explained that if it is feasible that sewer could be connected. At the present time, the County has not required non-conforming subdivision to install sewer systems.

Catherine Clark, resident of Beryl, asked about developing in old subdivisions in the Beryl area. She explained the steps now required in getting well permits, septic permits etc prior to obtaining a building permit. To require additional road improvements and community water systems makes it nearly impossible to build.

Steve Brown, a real estate developer, suggested that the county continue with "business as usual" in non-conforming subdivisions. He said his understanding of the 1981 Land Management Code was to allow people the option to continue under old regulations or to adopt the current standards.

Karla Staheli explained options available to the County at this time. They include 1). Enact Ordinance 153 to require compliance with existing code and which will give the Commission six months to adopt a permanent solution to the problem. 2). Continue to study the problem and postpone any action at this time. Option 2 creates some legal concerns because the County has now been placed on notice that there is a problem that needs to be addressed.

Additional comments were received from the following people: 1. Lloyd Limb 2. Tom Malony 3. Ron Archibald 4. Riley Rutheford 5. Eula Sue Hunting 6. Brandon Hatch 7. Rose Page 8. Garn Page 9. Nancy Peck 10. Carol Smith 11. Richard Clark 12. Sally Hunter 13. Ted Collins 14. Stewart Sommerville 15. Tess Mason 16. Joan Mortensen. Most requested that the County continue with business as usual and that the County form a committee to study the problem and offer a recommendation to the Commission to address the problem.

There were also comments which said that there is a problem now. To allow this to continue will only make the problem worse. They suggested the Commission take what steps are necessary immediately to remedy the problem.

After approximately two hours of comments, Roy Urie made a motion to appoint a study committee to make recommendations on how to bring subdivisions into compliance. While this study is conducted, the County will continue with current policy in issuing building permits for 90 days. This committee is to report to the Commission by September 8, 1997. Members for this committee will be appointed at the next Commission meeting. Second was by Dennis Stowell and Tom Cardon voted in favor.

EL MONTE SUBDIVISION IMPROVEMENTS :

Ron Larsen, representing developers and Bulloch Bros. Engineering, presented the Commission with plans they have been pursuing to bring El Monte Subdivision and Monte Vista Unit V into compliance with current County standards. They have installed a community water system, underground utility lines and gas lines and have brought the roads to County standards. They are currently in the process of oiling the roads within the subdivisions.

Commissioner Cardon explained that this is an example of how older subdivisions can be developed. The Commission complimented the developers on the improvements they have made in these older subdivisions.

GREENBELT REQUEST - BOBBIE EIRING :

Bobbie Eiring came before the Commission to request a greenbelt designation for property she owns in Iron County. The Assessor has requested information on what agricultural use has been associated with the property. At this time this information has not been filed.

The Commission informed Mrs Eiring that before her request could be granted she would need to file in the Assessors office a notarized statement from the Lessee stating when the property was used and by the number of livestock which were using the property. She would also need to file documentation showing that Lessee was a bona fide livestock producer. This would include sales receipts for livestock or other documentation showing they own sufficient livestock to qualify as livestock producers.

GOMEZ CONSULTING GROUP :

Clayton Neilson, Barbara Gomez and Manny Gomez made a presentation to the Commission in which they explained the services provided by their Company. They are based in Henderson Nevada and they specialize in helping to establish special improvement districts. They help with the notification process and design phases of the project including cost projections. Their fees typically are included in the costs associated with the establishment of the districts. They said they would work with the County on one project to demonstrate how their service works.

The Commission thanked them for their presentation and took their request under advisement.

DAN WIARDA - CLARIFICATION ON COUNTY POLICY :

Dan Wiarda, Quail Run Log Homes, came before the Commission to request clarification on County policy regarding the issuing of building permits in mountain subdivisions near Brian Head and in the A-20 zone.

The Commission explained that current policy will be followed. The current policy for mountain subdivisions requires an approved water source and a septic permit. For all other building permits, an approved culinary water source in place and appropriate approvals for septic systems are required. All properties regardless of location must have adequate road access.

TAX SALE APPROVAL :

Dennis Lowder reported on the Annual Tax Sale conducted on May 29, 1997. Approximately half of the properties were struck off to the County. Most of the properties struck off are in the Escalante Valley area.

Dennis asked the Commission to ratify the results of the sale after which Roy Urie made a motion to ratify the sale and to declare the parcels struck off to the County as surplus property and offer them for sale. Second was by Dennis Stowell and Tom Cardon voted in favor.

EXECUTIVE SESSION - PERSONNEL :

Roy Urie made a motion to convene in executive session to discuss a personnel matter. Second was by Dennis Stowell and Tom Cardon voted in favor.

After reconvening in open session the Commission explained that they had received information from a Building Inspector that he was considering a job in Millard County. No action was required by the Commission at this time.

NOTICE OF SPECIAL MEETING :

David Yardley was asked to distribute appropriate notice of a special meeting of the County Commission on June 16, 1997 at 10:00 a.m. to receive a report by Bruce Parker, a professional planner. Mr. Parker has been asked to review the Iron County General Plan and Iron County Land Management Code to identify possible conflicts.

APPROVAL OF WARRANTS AND ADJOURN :

After the bills were reviewed and either approved or rejected, the meeting adjourned at 3:00 p.m.

Approved: /s/ Thomas B. Cardon

Thomas B. Cardon, Chairman

Attest:

/s/ David I. Yardley

David I. Yardley, County Clerk