Commission approves zoning changes/public defender contract

By PATSY STODDARD Editor

Commissioner Ethan Migliori presented the Employee of the month award to Janet Damron from the recorder’s office in the Nov. 25 meeting.
A public hearing was held to receive public comment on proposed changes to the Emery County zoning ordinance sections concerning advertising signs and billboards, cell towers and facilities, and alternative energy resources-solar systems. Planning commission chairman Mack Huntington presented the proposed changes to the commission. Huntington said in 1992 the state passed legislation requiring each county to have a general plan and a zoning ordinance. The planning commission takes care of the maintenance and care of those two documents. They take care of ordinances in the county, they have no control on state roads or within the municipalities. Huntington asked the commission to approve the needed changes concerning billboards, cell towers and solar systems. The commission accepted the zoning changes and thanked Huntington and his committee for their work.
Terry Lofthouse addressed the commission concerning tourism in Emery County. He started his company called Old Utah Trails in February 2013. He provides tours of the area in one package deal; packages include guided tours, transportation from and return to the airport, meals and lodging. Also any fees like park fees, golf green fees, rental fees at no extra cost. Lofthouse said his business can bring tourism dollars into the county. He asked for the commission’s help on securing his permit from the Bureau of Land Management to conduct tours on BLM lands. He thinks if other businesses like his band together they can bring more visitors into the area. He asked the economic development director for help and he suggested he talk to Charles Delorme who is marketing San Juan county overseas. Lofthouse attended a tourism conference, but he didn’t feel like the Salt Lake area or St. George area was very interested in partnering with Emery County.
“Utah is approaching $75 billion in tourism, a lot of it is skiing. The State Tourism Office has matching grants available to promote tourism. The state is trying to increase that money from $1 million to $3 million. I propose to do what San Juan County is doing. Going to other countries and talking face to face with people to sell ourselves.”
Lofthouse said there could be a high return on the initial time and money invested, if we succeed in bringing visitors here to the county.
Commissioner Migliori said the county has the Emery County Travel Bureau that does a good job promoting the area. There will be positions available on that board in the coming year and he suggested Lofthouse apply. Commissioner Migliori said the commission can speak with the BLM to see what the hold up is on the permit. Lofthouse said he has tour guides available to help, he just needs to get some people here.
Deb Dull from Rocky Mountain Power addressed the commission on the consideration of a Resolution granting an Electric Utility Franchise and General Utility Easement to Rocky Mountain Power. She explained this is needed so when projects move forward like widening of roads or the addition of sidewalks the company can move power lines to accommodate improvements in the communities. The franchise agreement was examined by County Attorney David Blackwell and approved by the commission.
The commission voted to ratify the FY2014 Homeland Security Grant Program Articles of Agreement and Grant Award.
The commission approved the lease between Emery County and Emery County Care and Rehabilitation for operation of the nursing home. Ross Huntington, chairman of the care and rehabilitation board said there have been many changes at the facility. They are approaching resident care in a more individualized way. The residents can eat when they want and choose their meal plans. They can get up when they want and there’s been an emphasis on staff training. Huntington said the residents are cared for in a dignified way and they want everyone to feel good about placing their loved one at the Emery County Care and Rehab. He thanked Commissioner Migliori for his help with the care center.
Commissioner Migliori said last year in the audit, the facility received many marks due to a lack of attention to details. The audit this year received virtually no marks.
The board approved an extension for Huntington State Parks Trail System. Portions of the trail were originally going to be paved, but in working with the water district and Bureau of Reclamation, they didn’t want it paved. So, savings from that portion of the project will be used elsewhere. A parking/trail head area will be created by the ball complex.
The travel bureau is teaming up with the state parks for the creation of promotional videos for state parks. State parks will pay 75 percent of the costs and the county will pay $310 per state park. These videos will be available on the sanrafaelcountry.org website as well as state parks website. At your Leisure will be producing the videos. The commission approved this action and the contract with At your Leisure to produce the videos.
The commission approved a tax adjustment for Bill Z. Jones for a market value that was wrong and an adjustment for Turnquist Cottages, Butch Wilcox.
The commission abated the entire amount for the property purchased by the Emery Water Conservancy District to construct an office building to house the Emery Water Conservancy District, Castle Dale City offices and the Castle Valley Special Service District.
Jay Mark Humphrey, Emery Water Conservancy District chairman reported they purchased the property on Castle Dale Main Street and demolished the buildings and cleaned up the lot. They filled out an application to the Community Impact Board for funding/loan/grant to build the building. They were not allowed to present to the CIB and were treated badly. Humphrey said they could have bought property anywhere to construct their building, but they wanted to stay in the city and help beautify Main Street. They will proceed with the building and will move toward private funding for the building.
Commissioner Migliori said they will abate the taxes because government buildings are going in on the site.
The commission approved a tax adjustment for Robert Killpack.
The commission discussed the legal defender agreement with David Allred. Allred takes care of all the criminal cases for the county and the contract is for $4,700 a month for juvenile cases, drug court, justice court, family law and criminal cases. McKette Allred also works on all but the criminal cases.
Commissioner Migliori said the firm has done a great job for the county. Interest in the contract has been expressed by Oliver and Sitterud Law Office. Their proposal was $1,500 a month for conflict cases and $4,250 a month for justice court, drug court, juvenile cases, family law and criminal cases.
Commissioner Migliori said he hadn’t seen the paper with the $4,250 amount.
Commissioner Jeff Horrocks said the commission could approve the item, move it to the next meeting, but they couldn’t just do nothing.
Commissioner James Nelson said in one of the budget meetings they talked about involving all three legal agencies. Commissioner Migliori said they had talked of it but hadn’t come up with any agreement on pricing.
County Attorney Blackwell said on third conflicts, the lawyers have been paid by the hour. Commissioner Migliori said he would like to ponder the proposals and receive counsel.
Attorney Mark Tanner asked to address the commission. He said David Allred has been in the practice of public defender for 20 years. He deals very well with the clientele. Mr. Sitterud and Mr. Oliver are both very good lawyers, but Tanner said a change shouldn’t be made for such a small amount of money, $500. He feels that would be short minded and the commission should recognize loyalty and competency.
Commissioner Horrocks asked Thomas Sitterud to speak. Sitterud said he doesn’t think the issue is the $500 difference in proposals. “It’s not based on $500, in our minds the most important thing the county should look at is the resources that each lawyer brings.” Sitterud said their firm has two lawyers and a paralegal and the time to devote to the cases. “Mr. Allred does dedicate his practice to these cases, but he also does Carbon County and he’s only one person. It’s about time, it’s not solely based on money,” said Sitterud.
Commissioner Horrocks said, we need to move on it, it needs to be done by the end of the year.
Commissioner Migliori made a motion to approve the agreement with David Allred and to include working with Oliver and Sitterud as third conflict counsel. Pricing for third conflict counsel will need to be addressed. The motion passed.
The next item was the approval of the conflicts agreement with legal defender Mark Tanner. He expressed his appreciation to the county attorney’s office for being easy to work with. Tanner takes care of conflict cases as well as Spanish speaking cases.
Thomas Sitterud said the conflict contract is not just for Spanish speaking cases, but for any conflicts that David Allred has with a case.
Commissioner Nelson asked how where each case goes is determined. If a subject is indigent and they have the paperwork confirming this, the case goes to Allred. If the subject is Spanish Speaking the case goes to Tanner or if Allred has a conflict. This is a benefit for the defendant to have someone who speaks their language.
Commissioner Nelson made a motion to approve the conflicts contract with Mark Tanner.
Commissioner Migliori said he appreciates the interest by the lawyers to do this work for the county. As the older lawyers retire then there will be younger competent people who will step up and fill these positions.
The commission approved the Inter-agency coordination and sub-recipient contract agreement between Emery County and Southeastern Utah Association of Local Governments. Brenda Tuttle, county clerk/auditor said they are paid the amount budgeted by the county each year. The AOG provides services for senior citizens in the county. All money paid in by the county is used in Emery County. The senior services provides meals for seniors in each of the communities.
Commissioner Nelson gave his report saying a number of things are going on at the libraries. The forest service new master plan is very concerning and the next meeting on that is on Dec. 6 in Beaver. “It’s critical Emery County stay involved. The fire district received a CIB grant,” said Commissioner Nelson.
Commissioner Migliori attended coal symposiums and he saw the Utah coal report presented by the rural planning group. He said the county needs to continue to diversify.
Commissioner Nelson said Germany is building 12 new coal fired power plants to meet their energy needs.
Commissioner Migliori said Green River is holding strategic planning meetings and encouraged people to get involved there. “The Huntington trail project is proceeding and the Candland trailhead project is complete,” said Migliori, “In the COG meetings with the mayors of each city, we are helping them be proactive in their cities for economic development.”
Commissioner Horrocks said all three commissioners attended the Utah Association of Counties meetings in St. George. He is also working on the housing issues with the low income units. Grand County voted to join the seven county coalition and work there is moving forward.
Tina Carter from the travel bureau said they are redoing their activities guide to take to the winter trade shows. They have a new bouldering video and they are working with the state office of tourism on rural tourism.
Consent items approved included: Wayde Nielsen selected Steve Allred as a part-time employee working 19 hours per week with no benefits. Carole Larsen selected Danielle Farley as a part-time employee working 10 hours per week with no benefits. Devin Willson, Madison Allinson, Zac Fauver, TJ Lacock, Travis Fehlberg, Kaitlyn Sailing, Valerie Chynoweth, and Jaxon Winn earned a 3 percent wage increase for successful completion of their six month orientation period. Approval of business license for CW Custom Engraving. The next commission meeting will be on Dec. 16 at 5 p.m. and will include a public hearing on the 2015 budget.