IRON COUNTY COMMISSION MEETING

September 24, 2007


            Minutes of the Iron County Commission meeting convened at 9:00 a.m. September 24, 2007 in Commission Chambers at the Iron County Courthouse, Parowan, Utah.

 

            Officers in attendance included:

                        Wayne A. Smith                                 Commission Chairman

                        Lois L. Bulloch                                   Commissioner

                        Alma L. Adams                                  Commissioner

                        Scott F. Garrett                                   County Attorney

                        David I. Yardley                                 County Clerk

Also Present:

                        H. Eugene Adams                               County Auditor

                        Dennis W. Ayers                                County Assessor

                        Patsy T. Cutler                                    County Recorder

                        Geraldine S. Norwood                        County Treasurer

                        Mark O. Gower                                  County Sheriff

                        Margaret Miller                                  Justice Court Judge

                         

SYNOPSIS :

ANNEXATION NOTICE PARAGONAH

APPROVAL OF MINUTES September 10, 2007

APPROVAL OF MINUTES August 27, 2007

APPROVAL OF WARRANTS & ADJOURN

BAILIFF CONTRACT APPROVAL & SIGNING

ELECTED OFFICIALS REPORTS

INDEPENDENT AUDIT REPORT

IRON COUNTY ZONING MAP AMENDMENTS

MEMORANDUM OF UNDERSTANDING PAROWAN CITY

PERSONNEL MATTERS

PLEDGE OF ALLEGIANCE

REQUESTING MATCHING FUNDS FOR 50/50 GRANT

RESOLUTION 2007-9

UTAH 9-1-1 BILLING AGREEMENT


PLEDGE OF ALLEGIANCE :

            Those assembled were led in the pledge of allegiance by Erik Jorgensen.

APPROVAL OF MINUTES August 27, 2007 :

            Minutes of the Iron County Commission meeting held August 27, 2007 were approved as amended on a motion by Lois Bulloch. Second was by Alma Adams. Voting: Wayne Smith, Aye; Lois Bulloch, Aye; Alma Adams, Aye.

APPROVAL OF MINUTES September 10, 2007 :

            Minutes of the Iron County Commission meeting held September 10, 2007 were approved as amended on a motion by Lois Bulloch. Second was by Alma Adams. Voting: Wayne Smith, Aye; Lois Bulloch, Aye; Alma Adams, Aye.

ELECTED OFFICIALS REPORTS :

            Dennis Ayers reported that Board of Equalization hearings are going well. Two days of hearings have been held and an additional two days are scheduled. Dennis also reported that an employee in the Cedar City office has submitted her resignation and the position will be filled as soon as possible.

            Gene Adams reported that the independent audit report has been completed and will be presented to the Commission later today. He also reminded Department Supervisors that it is time to start on budget requests for 2008.

            Margaret Miller reported that most tickets are now being e-filed by officers. There are a few officers that have not started to file tickets electronically. The Sheriff was asked to work with deputies to make this transition as quickly as possible.

            Margaret also stated that the Justice Court has limited call taking to two people. This has caused some concern because people cannot reach a Clerk in a timely manner.

            Patsy Cutler reported that things were going well in the Recorder’s Office. A new cadastral mapper has been hired and is working out well. Patsy also discussed the need for a new plat printer that is a multi function machine. It is hoped that it will be available by January to print the required plat maps for 2008.

            Geri Norwood reported that a second delinquent tax notice has been mailed in an attempt to collect delinquent taxes.

            Erik Jorgensen reported that Data Processing is working on a major upgrade in software for the Public Safety division. The new system will perform Geo Citing which coordinates addresses with streets and GPS coordinates. This will help in locating homes in emergency situations and will be available in all emergency vehicles.

            Mark Gower reported that the federal prisoner count was up to 71. The Jail will experience a budget shortfall because of the low numbers of federal prisoners for several months.

            Scott Garrett reported that the Steve Crowther tax appeal case has been scheduled for arbitration before Judge Eves. He also reported that Adam Christen has submitted his resignation effective October 31. A search for a new Deputy Attorney will begin immediately.

            Alma Adams reported that Art Walunas has submitted a letter of resignation as Fair Manager. He also asked about what information was being given by the Assessor’s Office regarding the corridor fee which was added to registration of vehicles. Dennis stated that customers are being told to call the Commissioners because they do not have information on the fee. The Commission asked that Alma draft an explanation of the Corridor fee to be distributed to customers through the Assessor’s Office.

            Lois Bulloch reported that Jim Eardley from Washington County was chosen by the County Commissioners as the outstanding Commissioner for the year. The County Commission group is considering a certification program similar to other affiliate groups in UAC.

            David Yardley reported on preparations for the Special Election scheduled for November 6. The municipalities will be conducting elections for council members and the state wide referendum regarding school vouchers will be on all ballots. Because of the referendum issue, the County will administer the election.

BAILIFF CONTRACT APPROVAL & SIGNING :

            Contracts for bailiff service in District Courts were presented for approval. After reviewing the contracts and upon a recommendation for approval by the Sheriff and County Attorney, Lois Bulloch made a motion to approve the contracts for 2008. Second by Alma Adams. Voting: Wayne Smith, Aye; Lois Bulloch, Aye; Alma Adams, Aye.

IRON COUNTY ZONING MAP AMENDMENTS :

            Reed Erickson presented an amended Comprehensive Zoning map reflecting recommended changes to comply with existing tiers. The major changes are to remove a current commercial zone near Beryl Junction and place it back into the A 20 zone and to remove some R-1/2 outside of annexation boundaries of municipalities and place it back into the A 20 zone. After reviewing the proposed changes, Lois Bulloch made a motion to approve the zone changes as presented. Second by Alma Adams. Voting: Wayne Smith, Aye; Lois Bulloch, Aye; Alma Adams, Aye.

REQUESTING MATCHING FUNDS FOR 50/50 GRANT :

            Jordan Smith, Iron County Weed Department, met with the Commission to request matching funds to purchase a truck for use in weed spraying and mosquito abatement. He explained that State grant funds were available on a 50/50 match. A new truck would cost about $24,000 so the County portion would be $12,000.

            Alma Adams made a motion to approve the purchase contingent on the availability of County funds. If possible, the purchase could be rolled into 2008 and approved as a budget item. Second by Lois Bulloch. Voting: Wayne Smith, Aye; Lois Bulloch, Aye; Alma Adams, Aye.

RESOLUTION 2007-9 :

            A resolution approving the execution of a memorandum of understanding between the Department of Public Safety, Division of Homeland Security, and Iron County regarding state use of homeland security grant funding on behalf of the state’s local/regional partners was presented by Charlie Morris. After review and a recommendation for approval, Lois Bulloch made a motion to approve Resolution 2007-9 and the accompanying Memorandum of Understanding. Second by Alma Adams.

RESOLUTION NO. 2007-9

 

A RESOLUTION APPROVING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE DEPARTMENT OF PUBLIC SAFETY, DIVISION OF HOMELAND SECURITY, AND IRON COUNTY REGARDING STATE USE OF HOMELAND SECURITY GRANT FUNDING ON BEHALF OF THE STATE’S LOCAL/REGIONAL PARTNERS

 

WHEREAS, on August 13, 2007, the United States Department of Homeland Security issued grant number 2007-GE-T7-0016 to Utah (“Grant”); and

 

WHEREAS, under the Grant, the Regions in the State of Utah (Iron County is in Region 4) may authorize DPS HLS to contract for services of a Gap Analysis/Assessment to be done at the Regional and County levels, provided that the Regions and Counties and DPS HLS enter into an Agreement on the matter; and

 

WHEREAS, the State of Utah, Department of Public Safety, Division of Homeland Security (“DPS HLS”) desires to hold up to $200,000 of the 2007 Homeland Security Grant Funding for the purposes of hiring a contractor to do a gap analysis on behalf of the Regions, Counties and Cities; and

 

WHEREAS, DPS HLS and Iron County have negotiated a Memorandum of Understanding, setting forth the terms by which DPS HLS shall hold up to $200,000 of the 2007 Homeland Security Grant Funding for the purposes of hiring a contractor to do a gap analysis on behalf of the Regions, Counties, and Cities within Region 4 (“MOU”), a copy of which is attached hereto as Exhibit “A”; and

 

            WHEREAS, the Iron County Commission desires to promote the health, safety, and welfare of Iron County inhabitants;

 

WHEREAS, the Iron County Commission finds that it is in the best interests of Iron County to enter into the MOU with DPS HLS.

  

NOW, THEREFORE, at a regular meeting of the legislative body of Iron County, Utah, duly called, noticed, and held on the 24th day of September, 2007, upon motion duly made and seconded, it is unanimously:

 

RESOLVED that the MOU, a copy of which is attached hereto as Exhibit “A”, is hereby approved and adopted. A copy of the MOU is on file in the Office of the Iron County Commission.

 

VOTED UPON AND PASSED BY THE IRON COUNTY COMMISSION AT A REGULAR MEETING OF THE IRON COUNTY COMMISSION HELD ON THE 24TH DAY OF SEPTEMBER, 2007.

 

                                                                        IRON COUNTY

 

                                                                        ______________________________

                                                                                    WAYNE A. SMITH                                                                                                              Chair

                                                                                    Iron County Commission


ATTEST:


_________________________________

County Clerk


Wayne Smith              voted Aye

Lois Bulloch               voted Aye

Alma Adams              voted Aye

MEMORANDUM OF UNDERSTANDING

Between the Department of Public Safety, Division of Homeland Security and Iron County (as part of Region 4) Regarding State Use of Homeland Security Grant Funding on Behalf of the State’s Local/Regional Partners

 

1.         PARTIES. The parties to this Agreement are the State of Utah, Department of Public Safety, Division of Homeland Security (DPS HLS), and Iron County (as part of Region 4).

 

2.         PURPOSE. The purpose of this Agreement is to set forth terms by which DPS HLS shall hold up to $200,000 of the 2007 Homeland Security Grant Funding for the purposes of hiring a contractor to do a gap analysis on behalf of the Regions, Counties, and Cities. On August 13, 2007, date the United States Department of Homeland Security issued grant number 2007-GE-T7-0016 to Utah. Under this grant, the Regions in the State of Utah may authorize DPS HLS to contract for services of a Gap Analysis/Assessment to be done at the Regional and County levels, provided that the Regions and Counties and DPS HLS enter into an Agreement on the matter.

 

3.         RESPONSIBILITIES:

 

a)  DPS HLS. The State will work with the contractor to do training for a self-assessment and then oversee the work to completion for analysis’ results, which will then be provided to each Region and County.

 

b)  Iron County. Two to three representatives of Iron County will come to the training provided and then do the self-assessment for the County. They will then turn in the results to the state or contractor for the results to be analyzed.

 

4.         POINTS OF CONTACT.

            a).       State.  Jerrianne Kolby, HLS Grant Program Section Chief

1110 State Office Building

Salt Lake City, UT 84114

(801) 209-7513

(801) 538-3755

jkolby@utah.gov

            b).       Iron County. 

Charlie Morris, Iron County Emergency Manager

88 E. Fiddlers Canyon Road, Suite F

Cedar City, UT 84720

(435) 867-7329 - Phone
(435) 865-7938 - Fax

 

5.         OTHER PROVISIONS. Nothing in this Agreement is intended to conflict with current laws or regulations of DPS HLS or Iron County. If a term of this agreement is inconsistent with such authority, then that term shall be invalid, but the remaining terms and conditions of this agreement shall remain in full force and effect.

 

6.         EFFECTIVE DATE. The terms of this Agreement will become effective on the date of signature of both parties.

 

7.         MODIFICATION. This Agreement may be modified upon the mutual written consent of the parties.

 

8.         TERMINATION. The terms of this Agreement, as modified with the consent of both parties, will remain in effect until December 15, 2007. Either party, upon 30 days written notice to the other party, may terminate this agreement.

 

            IN WITNESS THEREOF, the following parties have affixed their signatures hereto and join and give effect to this Memorandum of Understanding.

 

APPROVED:

 

Iron County, Utah:

 

 /s/ Wayne A. Smith                       September 24, 2007     

Wayne A. Smith, Chair                                          Date

Iron County Commission 

 

State of Utah:

 

 /s/ Mike Kuehn                      

Mike Kuehn                                                                Date

DPS Commissioner/HLS Director 

 

PERSONNEL MATTERS :

            Colette Eppley presented for approval new employees Eric Witzke as a full time Landfill Technician and Deanna Volt as a part time Ambulance Secretary. She also presented as seasonal election workers, Douglas Vincent, Karen LeFevre, Leon Hollingshead, Christine Burton, and Nora Robinson. Alma Adams made a motion to approve the new employees as presented. Second by Lois Bulloch. Voting: Wayne Smith, Aye; Lois Bulloch, Aye; Alma Adams, Aye.

            Colette also presented for approval a promotion for EMT Intermediate to Paramedic, Nicholas Ervin. Lois Bulloch made a motion to approve the promotion as presented. Second by Alma Adams. Voting: Wayne Smith, Aye; Lois Bulloch, Aye; Alma Adams, Aye.

            Colette also requested an additional person be added to the Accident Review Board to include a Jail staff member. She and Sheriff Gower recommended Brad Spencer be appointed to the ARB. Alma Adams made a motion to appoint Brad Spencer to the Accident Review Board as recommended. Second by Lois Bulloch. Voting: Wayne Smith, Aye; Lois Bulloch, Aye; Alma Adams, Aye.

            Sheriff Gower requested that the Commission review hire and promotion dates for Quinn Averett from 2003. He explained that in 2005 a change in policy made it so that recent hires caught up in pay to people who were hired earlier. The Commission reminded Sheriff Gower that this issue was discussed by a previous Commission and the decision was made at that time to remain with the policy change date due to the domino effect this could have through the entire department. Colette was requested to review Sheriff Personnel to determine how many deputies would be affected and costs involved in correcting the problem.

ANNEXATION NOTICE PARAGONAH :

            A proposed annexation to Paragonah Town of a parcel known as the Welch Annexation was reviewed. The Commission adopted a position not to oppose the annexation on a motion by Alma Adams. Second by Lois Bulloch. Voting: Wayne Smith, Aye; Lois Bulloch, Aye; Alma Adams, Aye.

MEMORANDUM OF UNDERSTANDING PAROWAN CITY :

            A Memorandum of Understanding between Parowan City and Iron County for the donation of property to Iron County to construct and operate a Senior Citizen Center in Parowan was approved for signatures on a motion by Alma Adams. Second by Lois Bulloch. Voting: Wayne Smith, Aye; Lois Bulloch, Aye; Alma Adams, Aye.

UTAH 9-1-1 BILLING AGREEMENT :

            Lois Bulloch made a motion to approve a 911 billing agreement grant as presented. Second by Alma Adams. Voting: Wayne Smith, Aye; Lois Bulloch, Aye; Alma Adams, Aye.

INDEPENDENT AUDIT REPORT :

            Scott Wilson, Wilson and Company, presented the independent audit report for 2006. He complimented Gene Adams and the Auditor’s Office for the work they have done in preparing for the audit report. He noted the challenges associated with the change in Auditor’s on January 1, 2007 and the change in software during the 2006 year. Because of the software change, many items were completed on the old software and did not transfer correctly into the new system. This created a need to re create old data for correction. He also noted a concern which indicated that a budget shortfall of 1.2 million existed. He also noted that this could have been a failure to correctly account for budget amendments by the previous Auditor.

            Scott presented the management letter and reviewed recommendations to be addressed by the County.

            Lois Bulloch made a motion to accept the Audit Report as presented. Second by Alma Adams. Voting: Wayne Smith, Aye; Lois Bulloch, Aye; Alma Adams, Aye.

 

APPROVAL OF WARRANTS & ADJOURN :

            After the bills were reviewed and approved or rejected, the meeting was adjourned at 3:30 p.m. on a motion by Lois Bulloch. Second was by Alma Adams. Voting: Wayne Smith, Aye; Lois Bulloch, Aye; Alma Adams, Aye.

 

 

Signed: Wayne A. Smith, Chairman

 

                                                             

Attest: David I. Yardley

County Clerk