Minutes of the Iron County Commission meeting convened at 9:00 a.m. March 10, 2008 in Commission Chambers at the Iron County Courthouse, Parowan, Utah.

Minutes of the Iron County Commission meeting held February 25, 2008 were approved as amended on a motion by Wayne Smith. Second was by Alma Adams. Voting: Lois Bulloch, Aye; Wayne Smith, Aye; Alma Adams, Aye.

Kal Kahler reported on attendance at the Central Iron County Water Conservancy District meeting. The District has been asked to examine the possibility of expanding their service area to include the Rainbow Meadows Ranchos area near Brian Head. The subdivision has summer cabins and their current water system consists of plastic pipe lying on top of the ground. It is doubtful if the District can provide service since the subdivision is not within their boundaries.

Alma Adams reported that two additional culverts have been added at 4200 West and Gap Road. The road department will build up 4200 West this summer to help alleviate future flooding potential for existing homes.

Commissioner Adams also reported that Leslie Associates has agreed to supervise the engineering and installation of the Senior Citizens sewer extension for $9,300. A proposal to add Simplifile access to the Recorder’s office has been tabled to allow for a budget request during the 2009 budget year to purchase the necessary computer servers.

Lois Bulloch reported that the Paiute Tribe proposed truck stop will not have gambling as allowed on reservations in states were gambling is allowed. The truck stop is being proposed on the East side of I-15 at the Kanarraville exit.

Wayne Smith reported that planning grant money is available from the Federal Government in planning for the Prairie Dog. A grant application will be forwarded to the appropriate agencies.

Wayne Smith made a motion to open a public hearing to receive comments regarding a proposed zone change from A-20 to R-½ . Second by Alma Adams. Voting: Lois Bulloch, Aye; Wayne Smith, Aye; Alma Adams, Aye.

Chad Nay explained the proposed zone change request which is adjacent to existing R ½ zoning and is located in a Tier 2 designation. The proposal has been reviewed by the Planning Commission and they have recommended approval of the change.

Chad also reviewed the criteria for a zone change and the parcels meet all of the requirements outlined. No other public comments were received.

Wayne Smith made a motion to close the public hearing and approve the zone change on the following parcel as recommended by the Planning Commission:

Beginning N00̊08'08"E, 1324.74 feet along the section line and S89̊49'11"W, 1315.00 Feet along the 1/16^th section line from the SE corner of Section 19, T35S, R11W, SLM; thence along the said 1/16^th section line S89̊49'11"W, 1291.60 feet; thence N00̊21'41"W, 1325.60 feet; thence along the ¼ Section line N89̊50'39"E, 1303.28 feet; thence N00̊07'48"E, 663.67 feet; thence S89̊53'46"W, 657.40 feet; thence S00̊70'48"W, 663.07 feet; thence S00̊08'08"W, 662.51 feet; thence S89̊49'55"W, 657.40 feet; thence S00̊08'08"W, 662.65 feet to the point of beginning. Requested by Marilyn Williams, Eric Mullins, and R. Bryce Rowley.

Second by Alma Adams. Voting: Lois Bulloch, Aye; Wayne Smith, Aye; Alma Adams, Aye.

Alma Adams made a motion to convene a public hearing to receive comments on a proposed zone change from R-5 to R- ½ . Second by Wayne Smith. Voting: Lois Bulloch, Aye; Wayne Smith, Aye; Alma Adams, Aye.

Chad Nay explained the proposed zone change on 80 acres located about 5575 N 2300 West in Cedar Valley. The flood channel known as the Stephensville Ditch borders the property on the East boundary and provisions will need to be made to provide access and right of way for flood channel maintenance. The parcel meets the criteria for the proposed zone change and the Planning Commission has recommended approval.

Steven Alzugaray a neighboring property owner on a parcel zoned R-5 spoke in opposition to the zone change citing concerns with increased traffic in the area, increased housing density and a concern with access for vehicles into a subdivision with only one access. The Commission explained that these are issues at the time of subdivision and not at a zone change.

Mr. Alzugaray also expressed concern about the intersection alignment at 2300 West and Midvalley Road. The Commission explained that this is not an issue with a zone change but will be addressed at the time of Subdivision review.

Cheryl Kleinschmidt commented as a neighbor that this is a rural area and that it was bought with the purpose of having animals on the properties. With R ½ zoning this will change the neighborhood and reduce the rural setting. The Commission commented that as property owners they have certain rights including the right to have animals. The applicants also have property rights and as such, meeting all requirements, have the right to rezone their property.

After all comments were received, Wayne Smith made a motion to close the hearing and to approve the zone change as recommended by the Planning Commission and requested by Vanguard Properties LLC.

E ½ NE ¼ SEC 9, T35S, R11W, SLM more particularly described as follows: Beginning at the NE corner of section 9, T35S, R11W, SLM; thence along the section line S0̊23'56"W, 2685.5O feet; thence along the ¼ section line N89̊37'18"W, 1313.69 feet: thence along the 1/16 section line N0̊29'12"E, 2682.88 feet; thence along the section line S89̊44'12"E, 1309.58 feet to the point of beginning.

Second by Alma Adams. Voting: Lois Bulloch, Aye; Wayne Smith, Aye; Alma Adams, Nay. Commissioner Adams explained that he was concerned with the location of the zone change and the effect on the rural atmosphere, flood control issues, and traffic issues. Commissioner Bulloch stated that she was in favor in support of County ordinances governing zone changes and in support of the recommendation of the Planning Commission.

ROAD MAINTENANCE ISSUES :

Jill Wilks requested County help in maintenance of a private road which is being used by adjacent property owners. The use during the winter months has destroyed the road base and the offending property owners from an adjacent development will not honor their private property rights.

Mike Edwards explained to the Commission and to Ms. Wilks that this is a private property issue and he suggested that Ms. Wilks consult a private attorney. The County cannot get involved in private property disputes.

The Commission agreed to have County personnel and Commissioner Smith inspect the road to determine if minor maintenance by a grader could be done on a one time basis to repair major damage. County trucks or material would not be available to haul or spread road base.

IRON COUNTY PROVIDING SERVICES IN WASHINGTON COUNTY :

Mike Edwards reported to the Commission on services being provided to areas of Washington County, particularly in the New Harmony area. Ambulance service is provided and funding is from services provided. Law enforcement is provided on a limited basis as needed for backup or first response until a Washington County deputy can arrive. 911 is provided through the State Dispatch center in Cedar City and is funded from telephone surcharge. No action was taken by the County Commission.

DISPOSITION OF PROPERTY $1,900 CASH :

Mike Edwards presented a request pursuant to Utah Code 77-24-4 to appropriate $1,900 cash to public use. The cash was evidence seized in a search warrant issued in a drug case. Notice has been mailed to the defendant in the case at his last known address. It has also been advertised in a newspaper as required. No claimants have come forward and the notice period has been completed.

Alma Adams made a motion to appropriate $1,900 cash to public use and designate that advertising and related notice expenses be reimbursed to the County. The remainder of the funds are to designated for use by the Drug Task Force. Second by Wayne Smith. Voting: Lois Bulloch, Aye; Wayne Smith, Aye; Alma Adams, Aye.

PERSONNEL MATTERS :

Colette Eppley presented for approval new employees Adam Kavalunas and Matthew Worth as prairie dog technicians, full time temporary. Wayne Smith made a motion to approve the new employees as presented. Second by Alma Adams. Voting: Lois Bulloch, Aye; Wayne Smith, Aye; Alma Adams, Aye.

Colette also recommended approval of the promotion of Cassie Edwards from a part time court clerk to a full time court clerk. Motion to approve the promotion was made by Alma Adams. Second by Wayne Smith. Voting: Lois Bulloch, Aye; Wayne Smith, Aye; Alma Adams, Aye.

COUNTY RESOURCE MANAGEMENT SPECIALIST AND GOPB GRANTS :

Wes Curtis and Brian Cottam met with the Commission to discuss a County Natural Resource Management Planning employee. The County has budgeted $40,000 to be matched by a $40,000 grant through Southern Utah University, Regional Services. The employee would be a County employee and will be involved in planning and implementation of BLM and Forest Service management plans as they are developed.

FUTURE SPECIAL IMPROVEMENT DISTRICTS :

Steve Platt reviewed with the Commission several Special Improvement District projects that need engineering estimates finished before the projects can proceed. Because of workloads, outside engineering firms will be used. Under County purchasing policy, projects are to be bid or a request for qualifications can be submitted and evaluated. Steve was asked to proceed with the appropriate action to select engineering firms for the projects.

ROAD MATERIAL BIDS :

Bids were opened for the purchase of asphalt chip seal material for the 2008 year. Bids were broken down by type of material and two bids were submitted.

Simm Material and Paramount Inc. submitted bids. Because of the various categories of material, the bids were referred to Neil Forsyth for comparison and Wayne Smith made a motion to award the bid to the overall lowest bidder. Second by Alma Adams. Voting: Lois Bulloch, Aye; Wayne Smith, Aye; Alma Adams, Aye.

EMERGENCY WATER PROJECTS CONTRACT AWARD :

Steve Platt, County Engineer, and Craig Bagley, Bohn Collins & Associates, met to report on the results of bidding on EWP projects. Bids were opened in a previous meeting. Mr. Bagley recommended that Precision Excavating be awarded Schedule 4 with a total bid of $347,247.25 and that Feller Enterprises be awarded Schedules 1 and 3 for a total bid of $190,670. Wayne Smith made a motion to accept the bids of Precision Excavating and Feller Enterprises as recommended. Second by Alma Adams. Voting: Lois Bulloch, Aye; Wayne Smith, Aye; Alma Adams, Aye.

VOLUNTEER CENTER OF IRON COUNTY SERVICE AWARDS :

Mary Matheson was presented with a Student Service Award for over 50 hours of volunteer work during the past year and her sister, Sarah Matheson was presented with a Student Service Award and Bronze Level of the Presidents’s Volunteer Service Award for over 100 hour of volunteer service during the past year. The Commission recognized their work and congratulated them on their efforts.

BRIAN HEAD TOWN CDA INTERLOCAL AGREEMENT :

Bryce Haderlie met with the Commission to again discuss changes in a proposed interlocal agreement for a Community Development Agency to fund infrastructure improvements within Brian Head. Mr. Haderlie explained that the project would be scaled back to take into consideration the rejection of the proposal by the Iron County School Board.

Brian Dangerfield commented that the project seems to make good sense in that the town is growing and infrastructure improvements will fund the CDA.

Reed Erickson pointed out that the County would not be losing current tax rates, just on the increase of value for the CDA area during the life of the agreement.

After reviewing developments, the Commission requested that a time be set aside for the Commission, Brian Head Town Council and the School Board to discuss the project to determine if an agreement can be reached.

COUNTY BOARD APPOINTMENTS :

SSD # 3: Wayne Smith was appointed to take the place of Dennis Stowell on the board of Iron County Special Service District # 3 on a motion by Alma Adams. Second by Wayne Smith. Voting: Lois Bulloch, Aye; Wayne Smith, Aye; Alma Adams, Aye.

Tourism Board: Alma Adams made a motion to appoint Kathy Johnson to the Tourism and Travel Board to replace Rusty Aiken whose term has expired. Second by Wayne Smith. Voting: Lois Bulloch, Aye; Wayne Smith, Aye; Alma Adams, Aye.

PRAIRIE DOG MATTERS :

The Commission reviewed the purchase of 220 acres of prairie dog habitat from SITLA. After reviewing the costs involved, the Commission set the price to purchase habitat at $1,000 per acre. Under agreement with DWR and US Fish & Wildlife, habitat can be exchanged on a 10/1 ratio. Motion was made by Wayne Smith. Second by Alma Adams. Voting: Lois Bulloch, Aye; Alma Adams, Aye; Wayne Smith, Aye.

ACTION ON SOUTHWEST PUBLIC HEALTH TAMIFLU PURCHASE :

After reviewing options for the purchase of Tamiflu and with shelf life concerns, Wayne Smith made a motion not to proceed with the purchase at this time. Second by Alma Adams. Voting: Lois Bulloch, Nay; Wayne Smith, Aye; Alma Adams, Aye.

APPROVAL OF WARRANTS AND ADJOURN :

After the bills were reviewed and approved or rejected, the meeting was adjourned at 4:00 p.m. on a motion by Wayne Smith. Second was by Alma Adams. Voting: Lois Bulloch, Aye; Alma Adams, Aye; Wayne Smith, Aye.

Signed: Lois L. Bulloch, Chair

Attest: David I. Yardley

County Clerk