Minutes of the Iron County Commission meeting held July 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
Karla Staheli Asst. County Attorney
David I. Yardley County Clerk
Also Present:
Dennis Lowder County Auditor
Dennis Ayers County Assessor
Dixie Matheson County Recorder
SYNOPSIS :
APPROVAL OF MINUTES JULY 14, 1997 1
APPROVAL OF WARRANTS AND ADJOURN 8
CENTRAL IRON COUNTY WATER CONSERVATION DISTRICT 6
COLOR COUNTRY 7
DISTRICT COURT 7
ELECTED OFFICIAL REPORTS 1
Board of Equalization Dates 2
Claire Dalton 2
Dennis Ayers 2
Dennis Lowder 1
Dennis Stowell 3
Dixie Matheson 2
Doug Wilson 2
Judgement Tax Levy 2
Karla Staheli 3
Roy Urie 3
PERSONNEL - EXECUTIVE SESSION 7
PUBLIC HEARING - ORDINANCE 154 3
RECYCLING PROJECT 7
SURPLUS PROPERTY BIDS 6
VISITOR CENTER AND CONVENTION CENTER REPORT 7
APPROVAL OF MINUTES JULY 14, 1997 :
Minutes of the Iron County Commission Meeting held July 14, 1997 were approved as amended on a motion by Roy Urie. Second was by Dennis Stowell and Tom Cardon voted in favor.
ELECTED OFFICIAL REPORTS :
Dennis Lowder gave the Commissioners a copy of Board of Equalization standards for their review. Since the tax notice cycle has been pushed back because of delays by the State Tax Commission regarding an appeal by WilTel Communications, valuation notices will be late in mailing.
Board of Equalization Dates: Dennis also explained the need to set Board of Equalization hearing dates. The following dates will be scheduled for BOE hearings: August 25, 1:30 p.m. to 5:00 p.m.; August 27, 9:00 a.m. to 12:00 noon and 1:30 p.m. to 5:00 p.m.; September 8, 1:30 p.m. to 5:00 p.m. If another follow up session is needed to review mail in appeals, the Board will meet on September 15, 1:30 p.m. to 5:00 p.m.
Judgement Tax Levy: Dennis Lowder also discussed a judgement tax levy to replace funds that have been returned to State Centrally Assessed taxpayers on appeal. The Utah Association of Counties has suggested that a judgement tax levy be assessed as a method to replace those lost funds. Several of the appeals go back to 1991 and has resulted in the County refunding about $120,000 this year. The School District has refunded $260,000.
After Dennis reported back to the Commission on the way this levy is to be handled on the tax notice, Commissioner Urie made a motion to authorize the use of the judgement tax levy to replace funds that were returned to Centrally Assessed taxpayers. Second was by Dennis Stowell and Tom Cardon voted in favor.
Claire Dalton reported to the Commission that problems with excess vacation hours accrued by some employees had been discussed with department supervisors. Some supervisors have suggested that employees be allowed to take more than four weeks per year as allowed by the current personnel policy in order to reduce the excess hours they have accrued. Claire also suggested that employees with excess hours be paid for comp time and required to use vacation time for time off. The Commission took the suggestions under advisement.
Dixie Matheson discussed a lawsuit which has been filed against Millard County. A letter was delivered to the Treasurers Office which contained a deed for filing in the Recorder's office. The deed was lost which caused the parties to pursue a probate case to transfer title to the property.
In Iron County, one of the delivery companies has left mail addressed to the County at the Maverick station. Dixie will contact the delivery companies and instruct them to deliver mail addressed to a County office only to the addressee. Department supervisors were also requested not to accept delivery of mail addressed to a different department.
Dennis Ayers reported that a job opening has occurred in his office and that the position has been advertised through the Department of Workforce Services. The interview process will start as soon as the application period is closed.
Dennis also reported that they were running out of vault space in the Assessors office. Different file options are being explored and the possibility of storing information on optical disk is being looked at as one alternative.
Doug Wilson reported that the new computer system is still having some problems with stalling. Progressive Systems is searching for the problem but at this time they cannot seem to find the problem.
Doug also reported that they are waiting for the certified tax rates from the State Tax Commission to allow the printing of disclosure notices. Notices should be printed by August 8 for mailing.
Karla Staheli presented a copy of a signed agreement between the Adams Family and Iron County for use of water at Woods Ranch. The agreement is to be kept on file in the Clerk's office.
Dennis Stowell reported that the Department of Workforce Services would be holding an open house on August 1 at their offices in Cedar City. The public is invited to attend.
Beginning October 1, 1997 the County will be required to report all hiring to Workforce Services.
Roy Urie said that he had been contacted by concerned livestock producers that use designated livestock trails in the county about having deeded rights of way. At the present time, most trails are designated by use. The matter will be researched to see if any trails have been or should be deeded to the County for public use.
PUBLIC HEARING - ORDINANCE 154 :
A public hearing was opened to receive comments on Ordinance 154 on a motion by Roy Urie. Second by Dennis Stowell and Tom Cardon voted in favor.
Karla Staheli explained to the Commission and the public that it has been recommended that Counties adopt specific editions of the Uniform Building and Fire Codes. At the present time the Land Management Code adopts the current issue of all of the codes except the Uniform Fire Code.
Stewart Sommerville requested that a procedure be added which would allow for an appeal process of a decision by local building personnel. This board could be called on an "as needed" basis and could include people with expertise in the code section being challenged. At the present time, appeals are referred to a state wide board.
After inserting Section 4 and renumbering subsequent Sections in the Ordinance, Commissioner Urie made a motion to adopt Ordinance 154 and authorize publication as required. Second was by Dennis Stowell and Tom Cardon voted in favor.
BE IT ORDAINED by the Iron County Commission, State of Utah
SECTION 1: Adoption by Incorporation of the Uniform Fire Code - in accordance with
Title 53, Chapter 7, Section 106, Utah Code Annotated, 1953 as amended, the Iron County
Commission hereby adopts for the purpose of prescribing regulations governing conditions
hazardous to life and property from fire, hazardous materials or explosion, that certain Code
known as the Uniform Fire Code published by the International Fire Code Institute, specifically
the 1994 edition thereof and the whole thereof, as adopted by the State of Utah, three (3) copies
of which are now filed in the office of the Iron County Building Department and one (1) copy
now filed in the office of the Iron County Clerk and the same are hereby adopted and
incorporated as fully as if set out at length herein, and for the date on which this ordinance shall
take effect, the provision thereof shall be controlling within the limits of the unincorporated Iron
County.
SECTION 2: Incorporation of Iron County Ordinance 83 -Whereas Iron County adopted
Ordinance 83, Creation Of An Iron County Fire Department, Ordinance 154 is meant to establish
the code the Iron County Fire Department shall enforce.
SECTION 3: Adoption by Incorporation of Specific Editions of Uniform Building
Standards - in accordance with the "Utah Uniform Building Standard Rules" which are
promulgated in accordance with the provisions of Title 58, Chapters 1 and 56, Utah Code
Annotated, 1953 as amended, the following Uniform Building Standards are hereby incorporated
by reference and adopted as the building standard editions to be applied to construction in the
incorporated by reference and adopted as the building standard editions to be applied to
construction in the unincorporated Iron County. Three (3) copies of each are now filed in the
office of the Iron County Building Department and one (1) copy now filed in the office of the
Iron County Clerk.
(a) the 1994 edition of the Uniform Building Code (UBC) promulgated by the
International Conference of Building Officials;
(b) the 1996 edition of the National Electrical Code (NEC) promulgated by the
National Fire Protection Association;
(c) The 1991 edition of the Uniform Plumbing Code (UPC) promulgated by the
International Association of Plumbing and Mechanical Officials with all
appendices and installation standards except appendix I which is not adopted
herein;
(d) the 1994 ICBO edition of the Uniform Mechanical Code (UMC), as published by
the International Congress of Building Officials, and promulgated by the
International Conference of Building Officials and the International Association
of Plumbing and Mechanical Officials;
(e) the Federal Manufactured Housing Construction and Safety Standards Act (HUD
Code) as promulgated by the Department of Housing and Urban Development and
published in the Federal Register as set forth in 24 CFR parts 3280 and 3282 as
revised April 1, 1990; and
(f) the 1994 edition of NCSBCS A225.1 Manufactured Home Installations
promulgated by the National Conference of States on Building Codes and
Standards (NCSBCS).
Statewide Amendments adopted by rule under R156-56-20, R156-56-21, R156-56-22, and R156-56-23 of the Utah Uniform Building Standard Rules are also incorporated by reference.
SECTION 4: Appeals - In order to hear and decide appeals of orders, decisions or
determinations made by the fire chief or building official relative to the application and
interpretation of the above stated codes, there shall be and is hereby created a board of appeals
consisting of members who are qualified by experience and training to pass judgment on
pertinent matters. The fire chief or building official shall be an ex officio member and shall act
as secretary of the board. The board of appeals shall be appointed by the Iron County
Commission and shall hold office at its pleasure. The board shall adopt rules of procedure for
conducting its business, and shall render all decisions and findings in writing to the appellant
with a duplicate copy to the fire chief or building official.
The appellant must make every effort to come to an agreement with the fire chief and/or
the building inspector, representing Iron County. If an agreement cannot be reached, the
appellant may appeal the decision by contacting the Iron County Clerk in a written format
detailing the grievance. The clerk shall then set the matter as an agenda item for the next
Commission Meeting where a board can be appointed by the Iron County Commission.
SECTION 5: Conflict - In the event of any conflict between this Ordinance and any other
Iron County ordinances or regulations, the provisions of this Ordinance shall be controlling.
This Ordinance is not intended to amend or repeal any existing Iron County ordinances or
regulations.
SECTION 6: Severability - If any section, subsection, clause, phrase or portion of this
Ordinance is, for any reason, held invalid or unconstitutional by any court of competent
jurisdiction, such portions shall be deemed a separate, distinct and independent provision, and
such holding shall not affect the validity of the remaining portions of this Ordinance.
SECTION 7: Effective Date - The Board of County Commissioners of Iron County finds
that this Ordinance take effect and be in force from and after its approval and subsequent
publication and posting as required by law.
APPROVED AND ADOPTED this 28th day of July 1997 by the Board of Iron County
Commissioners in regular session assembled in and at their regular place of meeting.
Signed: /s/ Thomas B. Cardon
Thomas B. Cardon, Chairman
Attest:
/s/ David I. Yardley
David I. Yardley, County Clerk
(Seal)
Voting
Aye Nay Abstain
Thomas B. Cardon X
Roy P. Urie X
Dennis E. Stowell X
SURPLUS PROPERTY BIDS :
Bids were opened for several pieces of surplus property. There were three bids submitted
for the following items:
Woods Mower $50.00 Robert Owen
1967 Int. Cab & Chassis $100.00 Charles Hulet
1991 Chev Blazer $440.00 John Decuir
Roy Urie made a motion to accept the bids for the surplus property and to release the
equipment upon payment. Second was by Tom Cardon. Dennis Stowell was not present for this
vote.
INDEPENDENT COUNTY AUDIT :
Jim Wilson, representing Gubler Wilson and Whatcott presented the Independent Audit
Report and Management letter for the 1996 calender year. He reported that there were no major
problems that they had encountered however the County is carrying excess funds in the General
Account. By law this can total one year's tax collection. Our general fund account also has road
fund money and other dedicated accounts which add to the fund balance.
Mr. Wilson also recommended that a written and formal purchasing policy should be
adopted by the County to provide for added accountability for purchases.
The County Treasurer bond is lower than is required by law. At the present time, the
Treasurer is bonded for $185,000. This should be increased to $500,000.
The County budget and amendments should be adopted by Ordinance or Resolution
instead of by motion.
Copies of the report are filed in the Auditor's office and are available for review.
CENTRAL IRON COUNTY WATER CONSERVATION DISTRICT :
Scott Wilson and Eldon Schmutz, representing the Central Iron County Water
Conservation District came before the Commission to request that the District be allowed to meet
for their regular meetings at the Visitor Center offices in Cedar City. This would provide a
neutral area in which to meet which would not present the appearance of undue outside
influence.
The Commission approved the use of the Visitor Center meeting room as a regular
meeting site and authorized the County Attorney to draft an interlocal agreement.
Scott Wilson also explained that because of the tax cycle, the District would not be able
to collect taxes until 1998. They have explored the possibility of obtaining grants, however,
grants are not available for operating expenses. They requested that the county help fund the
operation of the District by contributing $1,500.
Roy Urie made a motion to approve funding the Water Conservation District $1,500 and
to provide space in the visitor center as requested. Second was by Dennis Stowell and Tom
Cardon voted in favor.
PERSONNEL - EXECUTIVE SESSION :
Dennis Stowell made a motion to convene in executive session to discuss personnel
matters. Second by Roy Urie and Tom Cardon voted in favor.
A method to correct problems with individuals with large amounts of vacation time and a
way to help reduce this problem was discussed. No formal action was taken upon reconvening in
open session.
VISITOR CENTER AND CONVENTION CENTER REPORT :
LaRee Garfield and Maria Twitchell reported to the Commission on activities they were
involved in with Tourism and Conventions.
Maria explained to the Commission advertising activities which included ad in USA
Weekend magazine, Triple A Colorado/Utah Travel Planner book, a billboard in Las Vegas, Las
Vegas Life, and a publication for Southern California named "Traveling". For winter they are
advertising in the Western Guide to Snowmobiling and American Snowmobile magazines
LaRee reported that she has attended trade shows including a "Pow Wow" which is an
international tour guide show and she will be attending a show in November for domestic tour
operators.
COLOR COUNTRY :
LaRee reported that Kane County has withdrawn their support of Color Country effective
July 1, 1997. Washington County has also indicated that they intend to withdraw from the
organization effective January 1, 1998. In a meeting of the remaining members, Beaver, Iron and
Garfield Counties, each have pledged support of Color Country and will work to salvage what
they can with the funds that will be available. This will result in scaling back on activities Color
Country has supported in the past.
RECYCLING PROJECT :
Lisa Laird, Brent Drew and Bill Dawson came before the Commission to explain a
program for recycling of waste. The proposed program will help locate viable uses for waste
material that would otherwise go into the landfill. The Oasis House in Cedar City is conducting
a collection program for paper products.
Lisa ask the Commission for a letter of support in designating the County as a recycling
zone. Dennis Stowell made a motion to authorize the County Clerk to write a letter in support of
recycling in Iron County. Second was by Roy Urie and Tom Cardon voted in favor.
DISTRICT COURT :
Gordon Bissegger from the State Court Administrators office and Carolyn Bulloch from
the Fifth District Court came before the Commission to request a written agreement for the space
the County leases for the Cedar City Justice Court and for a written agreement for space District
Court leases in the County Courthouse in Parowan.
Mr. Bissegger also said that the Court Administrators have received funding to conduct a
master plan to identify future growth trends and plan for the expansion of the Cedar City court
facility. He requested that a representative from the County be included in this planning group.
Commissioner Cardon will represent the County on this planning group.
CEDAR CITY TV SITE ACCESS :
Linford Nelson came before the commission to discuss road access to the Cedar City TV
site. When Mr Nelson gave permission to the County for access, it was his understanding that
this was for County personnel use in accessing the TV Translator site only. This was not
intended to convey a public right of way. Mr. Nelson also ask if the right of way should be
widened to allow for construction of a road. Commissioner Urie will work with Linford to
determine what must be done to acquire adequate road right of way to the site.
Mr. Nelson also requested that the County consider selling or trading the gravel pit along
Right Hand Canyon road for access to use of a pit he has developed in the same area. He said
this would allow the county pit to be closed and fenced so that it would not be used for a garbage
dump. Commissioner Urie will look at the site with Neil Forsyth and the matter will be
reviewed by the County attorney to determine what steps would be necessary to make such a
trade.
APPROVAL OF WARRANTS AND ADJOURN :
After the bills were reviewed and either approved or rejected, the meeting was adjourned
at 3:20 p.m.
Approved: /s/ Thomas B. Cardon
Thomas B. Cardon, Chairman
Attest: /s/ David I. Yardley
David I. Yardley, County Clerk