Minutes of the regular meeting of the Iron County Commission held July 14, 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 :
APPROVAL OF WARRANTS AND ADJOURN 7
BUREAU OF LAND MANAGEMENT 3, 6
CALIFORNIA CONDOR AGREEMENT 5
COMMISSION REPORTS 1
Dennis Stowell 1
Roy Urie 2
Tom Cardon 2
COUNTY JAIL 7
COUNTY PLANNING CONSULTANT 5
ENCROACHMENT PERMIT REQUEST - ENOCH CITY 5
EXECUTIVE SESSION - PERSONNEL 6
Appraiser Supervisor 7
Corrections Food Services 7
Landfill Assistant Supervisor 7
vacation hours 7
MINUTES 1
NEWCASTLE BENCH ROAD PROJECT 2
PAROWAN CITY 6
RE: FAIRGROUNDS PARKING LOTS 6
PRAIRIE DOG HABITAT CONSERVATION PLAN 6
RECYCLING - RAISCH COMPANY 3
RESOLUTION 97-10 ; BUDGET AMENDMENT 3
SOUTHWEST PUBLIC HEALTH - SOUTHWEST CENTER 4
STATE TAX COMMISSION - DAVID SWAN 5
UAC INSURANCE COMMITTEE 5
USU EXTENSION SERVICE 6
WILTEL APPEAL - COUNTY COUNSEL 2
MINUTES :
Minutes of the Iron County Commission meeting held June 23, 1997 were approved as amended on a motion by Roy Urie. Second was by Dennis Stowell and Tom Cardon voted in favor.
COMMISSION REPORTS :
Dennis Stowell reported that each of the Commissioners had received a certified letter from Steve Corry, Corry Insurance, in which he discussed the procedure being followed in selecting an insurance carrier for the County liability insurance. Dennis requested that the County Clerk write a letter which explained the action taken by the Commission on the June 23 meeting to each of the insurance companies that had shown an interest in supplying insurance to the County.
Dennis also gave to David Yardley copies of medical bills associated with a slip and fall accident by Arthur Evans. Mr. Yardley was ask to copy the bills and submit them to the county insurance company for their action.
A proposed Sewer Ordinance for the County was discussed. It was determined that the County would need to collect $750.00 impact fee for connection on the Cedar City portion and the same fee as charged by Enoch City to connect onto their portion of the system. Iron County will use Cedar City engineering standards. The County Attorney's office was requested to continue work on the ordinance.
Dennis Stowell reported that Southwest Center (formerly Southwest Mental Health) had requested Iron County support with their efforts to obtain a building site near the current Valley View Medical Center. The property would be used to construct a new office complex plus additional room for clinics and mental health services.
Roy Urie reported that the Community Impact Board (CIB) has been requested to fund projects only in Counties that generate mineral lease funds. This proposal has been presented to the Legislature. At this time, the CIB has rejected this request, however it is something that needs to be monitored in the future.
Tom Cardon discussed tourism growth in Southern Utah. At this time it is not keeping up with statewide average growth. This will be one of the areas addressed by Color Country Tourism Board where ideas to increase tourism will be reviewed. Kane County participation in Color Country was also discussed. At this time they have withdrawn their support which impacts budgets and advertising campaigns which feature areas of Kane County.
WILTEL APPEAL - COUNTY COUNSEL :
WilTel has appealed its state assessed taxable value to the State Tax Commission. In similar cases in the past the Utah Association of Counties has retained Bill Peters to represent County interests. Each County must approve Counsel for each case.
Dennis Stowell made a motion to approve Bill Peters as Counsel of Record for Iron County in the WilTel tax case. Second was by Roy Urie and Tom Cardon voted in favor.
NEWCASTLE BENCH ROAD PROJECT :
Steve Platt, County Engineer, came before the Commission to review bids and to recommend that the low bid of Progressive Contracting for crushing gravel to be used in the Bench Road project be accepted. The bid submitted for $66,950 was under the engineer's estimate.
Roy Urie made a motion to approve the bid of Progressive Contracting for crushing gravel for use on the Bench Road Project and to authorize contracts to be prepared for signatures.
Second was by Dennis Stowell and Tom Cardon voted in favor.
RECYCLING - RAISCH COMPANY :
John Armonda, representing Raisch Company, Gary Player and Corry Player, representing Tahoma Resources, came before the Commission to discuss the possibility of a construction and demolition waste recycling program in Iron County. They are looking at a site along the existing Desert Mound railroad spur in the Iron Springs area. The group explained that this is a private investment and at this time they are not seeking monetary help from the County. They would encourage diverting construction and demolition debris to their site when it is developed. No action was required or taken by the Commission at this time.
BUREAU OF LAND MANAGEMENT :
Art Tait and Craig Eggerton came before the Commission to report on BLM activities and to get clarification on Iron County policy regarding BLM lands.
They requested clarification of the encroachment fee charged by the County for installing utilities within road rights of way. The Commission explained that this was a one time fee and it is not intended to over ride any requirements to individuals or corporations to obtain permits from the BLM. A copy of the ordinance adopted by the County which explains the Encroachment process was requested. The County Clerk will mail a copy of the Ordinance to the Resource Area office.
Mr. Tait ask about the possibility of updating and reviewing the adopted RS-2477 road map. This defines roads claimed by Iron County as valid public rights of way. Mr. Tait requested that roads connecting BLM rights of way which cross private land also be defended by the County as public rights of way. These roads are identified on the RS-2477 map and are used to connect to roads on BLM administered lands.
Mr. Tait requested that as roads are improved, that the current Title 5 of the United States Code which is referred to as FLIPMA right of way procedure be followed. This will prevent any controversy and conflicts such as have been experienced in other jurisdictions.
Mr. Tait also explained that the minimum road standard adopted by the BLM was a 14 foot travel area that is ditched and crowned. They are requesting that when the County applies for a right of way that this minimum construction standard is met.
RESOLUTION 97-10 ; BUDGET AMENDMENT :
Roy Urie made a motion to open a public hearing at 10:30 a.m. to consider amending the 1997 County budget. Second was by Dennis Stowell and Tom Cardon voted in favor.
Dennis Lowder explained that due to new growth, the County would collect additional funds. In order for these funds to be calculated in the 1997 certified tax rate, the budget would need to be adjusted to include the new money.
There were no public comments either for or against. After an appropriate time the
public hearing was closed and the following resolution was adopted.
A RESOLUTION OF THE IRON COUNTY COMMISSION APPROVING AN
AMENDMENT TO THE 1997 IRON COUNTY BUDGET
WHEREAS, Iron County is experiencing growth in new construction and home building; and
WHEREAS, said new growth generates additional tax revenue that was not included in tax revenue calculations; and
WHEREAS, this new growth revenue affects the Certified Tax Rate; now therefore
BE IT RESOLVED that the 1997 budget of Iron County is hereby amended to increase the following funds by the amount indicated:
1997 Approved Proposed Increase
Budget Amendment
General Fund 2,048,340 2,221,162 172,822
Multi County A & C 282,081 289,138 7,057
County A&C 201,796 218,971 17,175
Sub Total 2,532,217 2,729,271 197,054
Library 79,200 85,895 6,695
Public Health 84,624 84,624 -0-
Grand Total 2,696,041 2,906,911 210,870
BY ORDER OF the Board of Iron County Commissioners this 14th day of July, 1997.
/s/ Thomas B. Cardon
Signed: Thomas B. Cardon, Chairman
Attest: /s/ David I. Yardley
David I. Yardley, Clerk
Voting:
Thomas B. Cardon Aye
Roy P. Urie Aye
Dennis E. Stowell Aye
SOUTHWEST PUBLIC HEALTH - SOUTHWEST CENTER :
Gary Edwards, representing Southwest Utah Public Health, presented a plaque to Commissioner Urie for his service on the Board of Directors of the Health Department. Paul Thorpe presented a plaque to Commissioner Urie for his service on the Board of Directors of the Southwest Center (Mental Health).
Commissioner Urie was thanked for the many hours he had spent and the support he had
given as the County Commissioner working with the public health agencies. Commissioner Urie
thanked Mr. Edwards and Mr. Thorpe and said how enjoyable it was to work with their
respective agency.
STATE TAX COMMISSION - DAVID SWAN :
David Swan, representing the Personal Property Tax Division of the State Tax Commission discussed the operation of their department. He explained to the Commission the procedure they follow in audits of personal property. These include physical inventory of personal property, financial review of the company, and estimating value of personal property. He also explained the appeals procedure if citizens do not agree with their values.
Auditing costs are distributed 70% to the State and 30% to the County. Salt Lake and Weber counties perform their own audits. Audits are performed at county request and have resulted in substantial increases in tax revenue from escaped property.
COUNTY PLANNING CONSULTANT :
The Commission discussed a letter received from Bruce Parker in which he outlined several areas that need to be addressed in coordinating the County General Plan with the County Land Management Code. He estimated that it would cost approximately $10,000 for work he would do as a consultant to the planning commission and the county commission.
Dennis Stowell was ask to follow up with a request to the state for a matching grant to fund this work. The County has budgeted $5,000 for a consultant which would be the county matching funds for a grant. In kind work could also be used to help offset the costs involved.
Commissioner Cardon will contact Mr. Parker to negotiate an agreement for Mr. Parker to start working for the County.
UAC INSURANCE COMMITTEE :
A request was received from UAC to appoint a Commissioner to a committee to review the coverage provided by the UAC Insurance Mutual and to make a recommendation for an independent firm to determine coverages and write specifications which could be made available to Counties which wish to bid liability insurance coverage.
Commissioner Cardon was appointed as Iron County representative on a motion by Roy Urie. Second was by Dennis Stowell and Tom Cardon voted in favor.
ENCROACHMENT PERMIT REQUEST - ENOCH CITY :
Worth Grimshaw and Gaylen Matheson representing Enoch City came before the Commission to request that encroachment permit fees be waived for the installation of a water and sewer lines into the Village Green Subdivision. Enoch also requested that if County residents want to connect to the lines that they would be required to pay a portion of the costs associated with the sewer trunk line and water lines. Hookup fees and impact fees for the Enoch City system cost approximately $2,500 to the areas where they now provide services. This will also include the area where the improvements will be located.
The Commission agreed to waive the encroachment fees provided that Enoch City would encourage annexing Village Green Subdivision and the adjacent property which they now provide services into the City.
CALIFORNIA CONDOR AGREEMENT :
John Williams, representing Five County AOG discussed with the Commission an interlocal agreement reached with US Fish and Wildlife regarding the California Condor introduction into the Vermillion Cliffs area of the Arizona strip. In the agreement the population will be classed as experimental and may be moved if it proves unworkable to have them in this area. The habitat area they have designated currently involves all Counties within the Five County area. At the present time, Norm Carroll representing Kane County has signed the agreement.
Commissioner Urie made a motion to adopt the agreement and authorized Tom Cardon as Chairman to sign on behalf of Iron County. Second was by Dennis Stowell and Tom Cardon voted in favor and signed the agreement.
USU EXTENSION SERVICE :
Kathy Riggs and Lee Roderick representing Utah State University Extension Service came to the Commission meeting to request that as they change offices to the new visitor center that a sign designating USU Extension be erected. They are attempting to standardize signs throughout the state to help identify the Extension Service. The Commission requested that the planned sign be coordinated with the Architect to make sure it fits with the plans.
Kathy Riggs also told the Commission that a new County Extension Agent would be assigned to the Iron County office effective August 1, 1997. Chad Reid will be replacing Alan Edwards who will retire September 31.
The Extension Service will plan on moving to the new facility during the third week in August. Kathy requested help in moving filing cabinets and desks. She will contact the Jail and the Sheriff to see if inmates will be available to help with the move.
PAROWAN CITY - RE: FAIRGROUNDS PARKING LOTS :
Steve Decker and Norman Day appeared before the Commission to discuss proposed chip sealing of the parking lots at the Fairgrounds. After reviewing their road budget, they found they did not have enough to purchase the material for this project at this time. They will provide enough to seal part of the area. It was suggested that the area south and west of the exhibit building be completed first.
The Commission told Mr. Decker and Mr. Day that they would work with them on this project and would provide equipment and men to complete what their budget would allow.
PRAIRIE DOG HABITAT CONSERVATION PLAN :
Commissioner Cardon reported that the Habitat Conservation Plan for the Prairie Dog was nearing completion and is ready for public comment. Public hearings should be completed by October 1, 1997. Groups that should review the plan for comments include: Cities, Agriculture organizations including the Farm Bureau, Cedar Livestock Association, Iron County Sheep Growers Association and Iron County Cattlemen's Association, Homebuilders Association, Board of Realtors and the public. Commissioners will meet with Ken McDonald on July 16 to review final details of the draft plan.
EXECUTIVE SESSION - PERSONNEL :
Dennis Stowell made a motion to convene in executive session to review personnel matters in which individuals will be discussed. Second was by Roy Urie and Tom Cardon voted in favor.
After reconvening in open session the following action was taken:
Roy Urie made a motion to delete the position of Appraiser Supervisor and to return Lorraine Olsen to the position of Appraiser and move her to a Grade 13 step 12. Second was by Dennis Stowell and Tom Cardon voted in favor. This will result in a pay increase and is not a disciplinary action.
Roy Urie made a motion to approve the position of Landfill Assistant Supervisor, to authorize a job description to be written, and advertise for the position. Second was by Dennis Stowell and Tom Cardon voted in favor.
Dennis Stowell made a motion to request department supervisors attend the next Commission meeting to discuss vacation hours accrued by employees. Second was by Roy Urie and Tom Cardon voted in favor.
Roy Urie made a motion to adjust the grade scale in Corrections Food Services to make the Food Service Supervisor the same grade as Sergeants and to make food service officers full time positions on the same grade scale as corrections officers. Food service officers will be required to be POST certified. Second was by Dennis Stowell and Tom Cardon voted in favor.
COUNTY JAIL :
Commissioner Cardon discussed the options available to the County in expanding the size of the County Correction Facility. At the present time, the County portion of the jail is near capacity. The Commission is concerned with the costs of operation and the additional requirements necessary for operation because of the relationship with the State portion of the facility.
County options include: 1. Sell the existing facility to the State. 2. Buy the existing State portion. 3. Add on to the existing facility. 4. Build a new facility. If option four is chosen, the size of the facility would need to be decided.
No action was taken at this time, the matter is to be placed on the next agenda to gather additional information on construction costs of a new jail, operating costs of a new jail, and cost to buy the State interest in the current facility.
APPROVAL OF WARRANTS AND ADJOURN :
After the bills were reviewed and either approved or rejected, the meeting was adjourned
at 3:45 p.m.
Approved:
Thomas B. Cardon, Chairman
Attest:
David I. Yardley, County Clerk