IRON COUNTY COMMISSION MEETING October 26, 2009

Minutes of the Iron County Commission meeting convened at 9:00a.m. October 26, 2009

in Commission Chambers at the Iron County Courthouse, Parowan, Utah.

Officers in attendance included:

Alma L. Adams

Wayne A. Smith

Michael Edwards

David I. Yardley

Reed Erickson

Also Present:

H. Eugene Adams

Dennis W. Ayers

Deborah B. Johnson

Geraldine S. Norwood

Mark 0. Gower

Margaret Miller

Absent:

Lois L Bulloch

SYNOPSIS

Commission Chair

Commissioner

Deputy County Attorney

County Clerk

County Administrator

County Auditor

County Assessor

County Recorder

County Treasurer

County Sheriff

Justice Court Judge

Commissioner

ADJOURN ................................................................... 7 APPROVAL OF MINUTES October 14, 2009 ...................................... 1 BID OPENING WOOD GRINDING AT LANDFILLS ................................ 5 CALENDER SCHEDULE COORDINATION ....................................... 6 CHILDREN'S JUSTICE CENTER CONTRACT APPROVAL ......................... 5 COUNTY BID PROCEDURE DISCUSSION ....................................... 6 ELECTED OFFICIAL REPORTS ................................................. 2 INSURANCE COMMITTEE REPORT - 2010 COVERAGE RECOMMENDATION ....... 6 JAIL PSYCHOLOGIST CONTRACT AMENDMENT APPROVAL ..................... 5 ORDINANCE 2009-3 RESTAURANT TAX RENEWAL ............................ 2 PERSONNEL MATTERS ...................................................... 4 PLEDGE OF ALLEGIANCE ................................ , ................... 1 PRAIRIE DOG MATTERS ........ ' .. ~ ........................................... 6 REQUEST TO APPROVE COST OF LIVING BUY-UP .............................. 5 ROAD CLOSURE MATTERS ................................................... 6 SUSPENSION OF RULES FOR THIS MEETING ................................... 2 UNCLAIMED OR ABANDONED EVIDENCE ..................................... 6

PLEDGE OF ALLEGIANCE

Those assembled were led in the pledge of allegiance by Reed Erickson.

APPROVAL OF MINUTES October 14, 2009

Minutes of the Iron County Commission meeting held October 14, 2009 were approved

as amended on a motion by Wayne Smith. Second was by Alma Adams. Voting: Alma Adams,

Aye; Wayne Smith, Aye.

1 October 26 2009

SUSPENSION OF RULES, FOR THIS MEETING :

VVayne Smith made a motion to suspend the rules to allow the Chair to make motions

during this meeting due to tbe excused absence of Commissioner Bulloch. Second by Alma

Adams. Voting: Alma Adams, Aye; Wayne Smith, Aye.

ELECTED OFFICIAL ru:PORTS

Hennis Ayers reported that Board of Equalization has been completed. Residential lot

values on lots with known p :airie dog problems were reduced by 30% which is a result of a

ruling from the State Tax Ccmmission on previous appeals.

Dennis also reported that he has been selected as the outstanding Assessor for 2009 by the

UAC Assessor's Association. He will receive recognition at the UAC annual convention in St

George.

Gene Adams also reported that Board of Equalization has been completed and forwarded

to the Treasurer for completion of the tax notice process. The Auditor's office is currently

working on the 2010 budget

Geri Norwood rep01ted that tax notices have been prepared and were placed in the mail

on Friday.

Reed Erickson repo ied that he has received bids for the replacement of concrete on the

north sidewalk and stairs at 1he Courthouse and for replacement of concrete at the jail. Heating

will not be included in the stairs at the Courthouse due to cost. Bids are requested for landscape

work at the Visitor Center on Cedar City property adjacent to the building.

navid Yardley repo ied that a notice of claim has been received for an accident

occurring in Nov 2008. There is a question as to whether this accident site is in the County or

within Cedar City boundaries. The matter has been referred to the insurance carrier.

'VVayne Smith reported that he has been asked to serve on a public relations committee

for Rocky Mountain Power in their proposal to install a new electrical transmission line from

Siggurd to Red Butte in Wm,hington County.

Alma Adams report(:d that Jordan Smith, Iron County Weed Manager, is resigning to

take a position as a full time fire fighter with the Cedar City Fire Department. He also reported

on progrtess with repairs ofr,)ad damage on 2200 West in Parowan Valley due to the installation

of a new sewer line. Parowan City has hired Holbrook Asphalt to complete the repairs.

ORDINANCE 2009-3 RESTAURANT TAX RENEWAL :

Wayne Smith made H motion to adopt Ordinance 2009-3 as follows. Second by Alma

Adams.

IRON COUNTY, UTAH

ORDINANCE NO. 2009-3

AN ORDINANCE IMPOSING A TOURISM, RECREATION,

CULTURAL, AND CONVENTION TAX AND PROVIDING FOR

COLLECTION THEREOF

2 October 26 2009

As authorized by the provisions of Utah Code Annotated, Title 59, Chapter 12, Section

601, et seq., (59-12-603 (5a) the County Legislative Body oflron County, Utah 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 Utah Code Annotated, Section 56-12-205 (2).

3 October 26 2009

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. N) 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 '2009.

APPROVED, ADOPTED, and PASSED by the Iron County Board of Commissioners

this 26111_ day of October

A~) ~1~A'

David I. Yardley Iron County Clerk

Voting:

·wayne A. Smith

Lois L. Bulloch

Alma L. Adams

, 2009.

~ONCOlmTY:~~~

Alma L. Adams, Chairman Iron County Commission

Aye

Absent

Ave

PERSONNEL MATTERS .

Colette Eppley prese 1ted a position justification and workforce assessment for approval

for a legal secretary in the CJunty Attorney's office. Shelly Lamoreaux has resigned and this

position justification is to replace this secretary position. It is proposed to promote Denise

Heaton from receptionist to .egal secretary as she has been performing in both functions for some

time. The County Attorney :1as also requested that the receptionist position be filled.

Alma Adams made a motion to approve the position justification and workforce

assessment for the legal secretary position and to approve the promotion of Denise Heaton to the

legal secretary position with a one grade increase. Alma also motioned to table the request to

4 October 26 2009

-

replace the receptionist position at this time. Second by Wayne Smith. Voting: Alma Adams,

Aye; Wayne Smith, Aye.

Colette presented for approval a request for a promotion in the Ambulance Department

for Jason Orton from EMT Basic to EMT Intermediate. Wayne Smith made a motion to approve

the promotion. Second by Alma Adams. Voting: Alma Adams, Aye; Wayne Smith, Aye.

Colette presented for approval a new employee in the Parowan Senior Citizen Center,

Jayci Bash as Outreach Coordinator. Wayne Smith made a motion to approve the hiring ofjayci

Bash as requested. Second by Alma Adams. Voting: Alma Adams, Aye; Wayne Smith, Aye.

Colette presented for approval a volunteer in the Sheriffs Department. Tony Taylor

would be funded as a trainee through Workforce Services to work in the Sheriffs Office. Wayne

Smith made a motion to approve Tony Taylor as a volunteer as explained. Second by Alma

Adams. Voting: Alma Adams, Aye; Wayne Smith, Aye.

REQUEST TO APPROVE COST OF LIVING BUY-UP

Colette Eppley presented a proposal which would allow a higher cost of living increase

from a maximum of 2.5% currently to a maximum of 4% for public safety employees. The

difference would be paid by the County resulting in a $79,000 increase in 2010. After reviewing

all of the financial impacts on the County and revenue reduction due to recessionary trends,

Wayne Smith made a motion to continue with the current rate. Second by Alma Adams. Voting:

Alma Adams, Aye; Wayne Smith, Aye.-

CHILDREN'S JUSTICE CENTER CONTRACT APPROVAL =

~ ··,

Michael Edwards presented for approval a contract for operation of the Childrel\',s Justice . ' ~ ' .. -l~\

Center. The contract is the same as in the past with funding coming from gran(fund~1S'Wayne : : ...... ·: :;. ~.:-: .. J

Smith made a motion to approve the contract as presented and recommended.' Second by Alma

Adams. Voting: Alma Adams, Aye; Wayne Smith, Aye.

BID OPENING WOOD GRINDING AT LANDFILLS

Two bids were received for grinding of tree waste collected at the landfill in Cedar City

and the Parowan site.

Bobs Tree Service bid $525.00 per hour and $6,720 for mobilization cost. Their machine

is rated 800 hp and is rated to process 220 yards per hour.

Diamond Tree Service bid $400.00 per hour and $1,500 for mobilization cost. Their

machine is rated at 500 hp and is rated to processes 150 tons per hour.

Wayne Smith made a motion to approve the low bid after review by the Landfill

Supervisor and Commissioner to determine which is the lowest actual cost to process the waste.

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

JAIL PSYCHOLOGIST CONTRACT AMENDMENT APPROVAL

Michael Edwards presented a proposed contract amendment for approval for psychologist

services at the Jail. Mr. Edwards explained the changes which included changes to the hours of

service. The contract more closely covers the needs of the Jail without placing undue burden on

the contracting psychologist. Alma Adams made a motion to approve the amended contract as

5 October 26 2009

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

UNCLAIMED OR ABANDONED EVIDENCE

Michael Edwards pn:sented a request to approve the donation to a public interest use of

unclaimed or abandoned evi,fence. The evidence in question is cash which was used in the

prosecution of several drug cases. Attempts to locate the alleged owners have been unsuccessful

and the t::vidence is no longer needed.

vVayne Smith made a motion to approve the donation of unclaimed or abandoned

evidence: to a public interest i.e. Iron County/Garfield Narcotics Drug Task Force with a proper

accounting of the donation by the receiving entity. Second by Alma Adams. Voting: Alma

Adams, Aye; Wayne Smith, Aye.

INSURANCE COMMITTEE REPORT- 2010 COVERAGE RECOMMENDATION:

The Employee Insurance Committee reported their recommendation to the Commission

regarding the employee bem:fit ofhealth insurance for 2010. The proposal includes a 12.5%

increase over 2009 due to ri~ :ing health care costs and because of our history over the past two

years. The proposal included an increase in co-pay for office visits and emergency room visits.

Prescription co-pay would n:main the same.

After options were d scussed, Wayne Smith made a motion to table the matter to allow

further s1tudy of the proposed budget for 2010. Second by Alma Adams. Voting: Alma Adams,

Aye; Wayne Smith, Aye.

The matter will be placed on the next agenda for further consideration to allow time for

preparation for open enrollrr ent and the County sponsored Health Fair.

PRAIRIE DOG MATTERS

The Commission wa; informed that prairie dog take granted to Rob Bernhardi for 23.9

prairie dogs has been returm:d. The take can be allocated if there are contractors ready to proceed

with construction.

CALENDER SCHEDULE COORDINATION

Reed Erickson coordinated calendars with the Commissioners for the next two weeks.

COUNTY BID PROCEDIRE DISCUSSION

Reed Erickson discw;sed with the Commission the procedure in awarding bids for repairs

or services. Current County policy does not specify the procedure. A new procedure will be

drafted that will specify the procedure in bidding, approving and awarding bids. The County

Attorney and County Administrator will draft the policy for Commission approval.

ROAD CLOSURE MATTERS .

It has come to the att:::ntion of the County that some property owners served by the Lower

Kanarraville Basin Road haYe erected a gate across the road to keep travelers out of the area.

This road continues into Washington County and has been maintained and improved for many

years by the County.

The County Attorney was asked to draft a letter to all property owners on the Lower

Kanarraville Basin Road notifying them that the gate must be removed. A gate cannot be erected

across a County road without County Commission approval.

6 October 26 2009

ADJOURN

The meeting was adjourned at 12:15 p.m. on a motion by Wayne Smith. Second was by

Alma Adams. Voting: Alma Adams, Aye; Wayne Smith, Aye.

Signed: Alma L. Adams, Chairman

County Clerk

7 October 26 2009