Minutes of the Iron County Commission meeting held August 11, 1997 in Commission Chambers at the Iron County Courthouse, Parowan, Utah at 9:00 a.m.

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

SYNOPSIS :

APPROVAL OF MINUTES JULY 28, 1997 1

APPROVAL OF WARRANTS AND ADJOURN 6

BOARD OF EQUALIZATION PROCEDURE 5

COMMISSION REPORTS 1

Circle 4 Farms 1

Enoch City Law Enforcement 2

Indigent Defense Fund 2

Senior Citizen Center 2

Village Green Subdivision 1

CONSTANCE ROBINSON - PARAGONAH WATER SOURCE 4

FIDDLERS CANYON BUILDING 2

IRON COUNTY/UTAH STATE CORRECTION FACILITY 4

LINFORD NELSON - REQUEST FOR LAND TRADE 5

PAROWAN LIBRARY 5

PERSONNEL - EXECUTIVE SESSION 5

RESOLUTION 97-11 6

SOUTHWEST PUBLIC HEALTH 5

ZONE CHANGE - LILY ZERKLE 4

APPROVAL OF MINUTES JULY 28, 1997 :

Minutes of the Iron County Commission Meeting held July 28, 1997 were approved as amended on a motion by Dennis Stowell. Second was by Roy Urie and Tom Cardon voted in favor.

COMMISSION REPORTS :

Circle 4 Farms expansion into Iron County was discussed. As their development expands roads and other services are going to be required. The Commission discussed the conditions that would be expected of Circle 4 prior to issuing a conditional use permit. Some of the areas that need to be considered include fire response time, ambulance service and response time, road construction and improvements, increases in law enforcement in the area.

Village Green Subdivision annexation was also discussed. The right of way which is to be used to install the sewer out fall line to the existing Enoch City system will follow the old Enoch Road. Enoch City is proceeding with expanding their water system to provide service to the Village Green Subdivision. They are also contacting property owners to determine if they would like to be annexed into the city.

Senior Citizen Center: parking lot lighting at the Cedar City Center was discussed. Commissioner Urie will contact Steve Platt and Utah Power to arrange for lights to be installed at the Center. Connie Lloyd has also ask that the grass between the curb and the sidewalk be replaced with concrete. She said this is a hazard as it is now and it will make access to the center easier for the people using the center.

Enoch City Law Enforcement: Tom Cardon and Ira Schoppmann met with Enoch City officials to discuss law enforcement. At the present time Enoch is considering three alternatives to provide law enforcement. These include: 1. Hire their own people and establish a police department. 2. Contract with the County to provide law enforcement service. 3. Hire part time qualified personnel to provide law enforcement.

Indigent Defense Fund: A decision on the option to participate in the state wide indigent defense fund was to be scheduled for the next Commission Meeting to allow time for the County Attorney to research our options and to determine if this would be economically beneficial to the County.

FIDDLERS CANYON BUILDING :

Dr. Robin Haight came before the Commission to discuss development of improvements at the Fiddlers Canyon office building, specifically the pond and waterfall area. As Dr. Haight is building an office building adjacent to the county property and he would like to make available to his clients the opportunity to access the pond, a suggestion was made to redesign the pond to allow for easier maintenance. He was ask to get an estimate on the cost to remodel the pond as he proposed.

Dr. Haight also suggested that an option the county may consider would be to deed the pond area to him and he would assume liability and maintenance of the area with a recission clause that the ownership would revert to the County when or if the pond were modified. A second option would be a maintenance agreement where the County would retain ownership but Dr. Haight would assume maintenance.

Dr. Haight also discussed the location of the County garbage dumpster which he suggested should be placed in a secure location since it contains some medical waste from Southwest District Health and an additional dumpster would contain medical waste from his office. Dr. Haight was also ask to get cost estimates for this improvement.

ORDINANCE 155 - RESTAURANT TAX 1998 :

Ordinance 155 which re-authorizes the collection of a 1% tax on restaurant food sales was approved on a motion by Roy Urie. Second was by Dennis Stowell and Tom Cardon voted in favor.

As authorized by the provisions of Utah Code Annotated, Title 59, Chapter 12, Section 601, et seq., the Board of Commissioners of Iron County ordains as follows:

1. PURPOSE: This ordinance is enacted to provide a source of revenue specifically for financing, in whole or in part, the development, operation, and maintenance of tourism, recreation, cultural, and convention facilities within Iron County. The provisions of this ordinance shall be interpreted and construed to accomplish such purpose.

2. DEFINITIONS: As used in this ordinance:

(1) "Convention Facility" means any publicly owned or operated convention center, sports arena, or other facility used primarily for public or private conventions, conferences, events, and other gatherings.

(2) "Recreational facility" or "tourism facility" means any publicly owned or operated park, campground, marina, golf course, water park, historic park, monument, planetarium, zoo, bicycle trail, or other recreation or tourism-related structure or facility.

(3) "Cultural facility" means an publicly owned or operated museum, theater, art center, music hall, or other similar facility.

(4) "Restaurant" means any facility where food is prepared for immediate service and consumption including, but not limited to, coffee shops, cafeterias, restaurants, luncheonettes, soda fountains, fast food service outlets, and all other similar facilities, but does not include retail establishments whose primary business or function is the sale of fuel and/or food items for off-premise consumption.

3. IMPOSITION OF TAX AND AMOUNT OF TAX: There are hereby levied tourism, recreation, cultural, and convention taxes as follows:

One percent (1%) on all restaurant sales of food and beverages made within Iron County or within any city or town located within Iron County.

4. USE OF REVENUES: The revenues received from the taxes herein levied shall be used solely for financing, in whole or in part, tourism promotion or the development, operation, and maintenance of tourism, recreation, cultural, and convention facilities, and for no other purpose.

5. COLLECTION: Taxes imposed under this ordinance shall be levied and collected at the same time and in the same manner as provided for general sales taxes in Utah Code Annotated, Section 59-12-201, et seq., except that the revenue derived shall not be subject to the distribution provisions of subsection Utah Code Annotated, Section 56-12-205 (2).

6. LICENSE REQUIRED: All persons, companies, corporations, or other similar persons or organization required under the terms of this ordinance to collect the taxes imposed herein shall obtain from the State Tax Commission a Tourism, Recreation, Cultural, and Convention Tax License. No additional license is required if said persons, company, group, corporation, or organization has obtained a license pursuant to the provisions of Utah Code Annotated, Section 59-12-106.

7. PENALTIES: Any person, company, corporation, or other organization subject to the terms of this act which shall fail to obtain the required license or fail to collect the tax imposed by this ordinance shall be guilty of a class B misdemeanor.

8. EFFECTIVE DATE: This ordinance shall become effective upon the 1st day of October , 1997.

APPROVED, ADOPTED, and PASSED by the Iron County Board of Commissioners this 11th day of August , 1997.

IRON COUNTY BOARD OF COMMISSIONERS:

/s/ Thomas B. Cardon

Thomas B. Cardon, Chairman

ATTEST:

/s/ David I. Yardley

David I. Yardley

Iron County Clerk

Voting: Aye Nay Abstain

Thomas B. Cardon X

Roy P. Urie X

Dennis E. Stowell X

IRON COUNTY/UTAH STATE CORRECTION FACILITY :

Jim Stewart came before the Commission to give a report on jail space available. He said that the County portion of the jail is remaining near capacity on a regular basis. Mr. Stewart suggested that options should be explored to obtain additional information on ways to expand the jail or to provide for housing excess prisoners.

Under the current agreement with the State, approval of the Legislature would be required to purchase the County share of the building. Options can be discussed at the Facility Board meeting scheduled for September 4, 1997.

ZONE CHANGE - LILY ZERKLE :

Lily Zerkle, representing the Apostolic United Brethren, came before the Commission to request action on a zone change application which was tabled without action at the April 28, 1997 Commission meeting. Since the zone change has not been re-advertised, no action was taken at this time. The matter was tabled without action to allow time to be advertised as required by the Land Management Code. It will be placed on the agenda for the September 8, 1997 meeting.

CONSTANCE ROBINSON - PARAGONAH WATER SOURCE :

Constance Robinson, Paragonah mayor, came before the Commission with a request that the County prohibit issuing any building permits in the area around the springs where Paragonah gets their culinary water. In the past Paragonah has provided hookups in the "Wilderness West" subdivision which is a 20 acre un-recorded subdivision.

The Commission suggested that Paragonah establish a water source protection zone and monitor any applications to transfer water rights into this area. The Commission explained that the County could not arbitrarily prohibit development on private property without a reason.

LINFORD NELSON - REQUEST FOR LAND TRADE :

Linford Nelson came before the Commission and presented an appraisal of property which the County owns and uses as a gravel pit above Cedar Highlands Subdivision on the Right Hand Canyon Road. After conferring with the County Attorney, it was determined that the appropriate way to handle this sale would be to either trade for land or sell the parcel through a bidding process. The County Clerk will file the appraisal on the parcel for future reference.

PERSONNEL - EXECUTIVE SESSION :

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

After reconvening in open session Dennis Stowell made a motion to approve the hiring of Connie King as a full time food service worker at the Correction facility and to authorize the hiring of 5 corrections officers to start training at the Police Officer Training Academy at the earliest available time. Second was by Roy Urie and Tom Cardon voted in favor.

Dennis Stowell also made a motion to approve the hiring of Paulette Johnson as a Deputy Assessor. Second was by Roy Urie and Tom Cardon voted in favor.

PAROWAN LIBRARY :

Kristin Robinson and Louise Wilcken came before the Commission representing the Parowan Library Board to request additional funding during 1998 to remodel the restrooms in the Parowan Library. This will help bring the library into compliance with Americans with Disabilities guidelines.

They were encouraged to include the funding request in the 1998 budget cycle.

BOARD OF EQUALIZATION PROCEDURE :

Dennis Lowder and staff members from the Assessor's office came before the Commission to discuss policies and procedures for Board of Equalization hearing which are scheduled to begin August 25. Hearing times are being scheduled through the Auditor's office and are being given 20 minutes for a regular appeal. Additional time will be scheduled for more complex or difficult appeals.

The Assessor's office explained that during the past year they have been working on mobile homes. They will appear as improvements to property instead of personal property. This has increased the market value to reflect what these homes are selling for in the open market.

SOUTHWEST PUBLIC HEALTH :

Bill Dawson, Scott Hacking and Lawrence Parker came before the Commission requesting approval of a resolution supporting the first phase of a comprehensive ground water protection ordinance. The first phase of the proposed ordinance covers wastewater feasibility for new subdivisions.

After listening to their presentation the following resolution was adopted on a motion by Roy Urie. Dennis Stowell seconded the motion and Tom Cardon voted in favor and signed the resolution.