IRON COUNTY COMMISSION MEETING OCTOBER 22, 2018

Minutes of the Iron County Commission meeting convened at 9:00 a.m. October 22, 2018

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

SYNOPSIS

Officers in attendance included:

Michael P. Bleak

Alma L. Adams

Dale Brinkerhoff

Scott F. Garrett

Jonathan T. Whittaker

Also present:

Dan Jessen

Cindy W. Bulloch

Debbie Johnson

Nicole Rosenberg

Adrion Walker

Commission Chair

Commissioner

Commissioner

County Attorney

County Clerk

County Auditor

County Assessor

County Recorder

County Treasurer

Human Resource Director

ADJOURNMENT ... .. ... ..... ..... ........... ....... ....... .... ....................... .............. ......... .... ... ...... ...... ... ...... 14

APPROVAL OF MINUTES ............ ............. ............. ...... .... ............. ........... ..... .... .... ....... ............... 2

BEE INSPECTOR REPORT FOR 2018 .. ................................... .... ........ .................. ..... ....... ......... . 7

DEPARTMENTAL REPORTS ................................. ..................................................................... . 2

DONATION REQUEST FOR SENIOR COMPANION AND FOSTER GRANDPARENTS .... . 9

ICCD&RA RESOLUTION 2018-3 APPROVING FIDDLERS CANYON BUDGET ................. 6

ICCD&RA RESOLUTION 2018-2 APPROVING FIDDLERS CANYON PLAN ............ ........... 3

INVOCATION ........... .... ........ .... ..... ... ............. .. ..... .. .. .. ............................... ...... ................... ........... 2

INCENTIVE PAYMENTS FOR BERYL, BUCKHORN AND CEDAR SOLAR ................. ....... 7

NON-DELEGATED ITEMS .... .................... .... ...... .. ..................................................................... 14

NOTICE OF ANNEXATION INTO CEDAR CITY BY MEISNER/JUDD ............................... 12

ORDINANCE 2018-5 ADOPTING FIDDLERS CANYON SOLAR PLAN .... ........... ................. ?

PERSONNEL ........ ..... ... ................................. ...... ..... ........... ......... ...... ... .......... ... ...... .................... 13

PLEDGE OF ALLEGIANCE ......... .............. ......... ... ....................................................................... I

RESOLUTION 2018-11 ESTABLISHING AN AUDIT COMMITTEE .......... ............................. 9

PUBLIC COMMENTS .......................................... .. ................... ...... ...... ...... .......... ........................ 3

PUBLIC HEARING FOR PROJECT AREA PLAN FOR FIDDLERS CANYON SOLAR ......... 3

PLEDGE OF ALLEGIANCE

Those assembled were led in the pledge of allegiance by Lori Eichelberger.

I October 22, 2018

INVOCATION

An invocation was offered by Danny Stewart.

Commission Chair Michael Bleak excused Commissioner Alma Adams.

APPROVAL OF MINUTES

Dale Brinkerhoff made a motion to approve the minutes of October 8, 2018. Second by Michael Bleak. Voting: Michael Bleak, Aye; Dale Brinkerhoff, Aye.

DEPARTMENT AL REPORTS Scott Garrett, Iron County Attorney, reported that the budget was on track. The

statistics show that it was a busy year. Felony cases were at 437 estimated thus far, with a

projected 500 for the year. Task force cases were up at 136 thus far with an estimated 150-185 for the year. Child homicide cases were at 2. Scott noted that his office was in the process of assisting the filing an Opioid complaint lawsuit by Durham, Jones & Pinegar.

Stephanie Furnival, Iron County Children's Justice Court (CJC) Director, reported that the fiber optics was completed, which should save $3 ,600 per year. Dancing with the stars Nov 5th fund raiser was upcoming. Scott Phillips was now the producer of it with Fred Adams, Mindy Benson, Mayor Wilson as judges. There was a commercial based on the Greatest

Showman starring Mike Bleak and Tyler Allred which was showing in all the local theaters and

on social media. Wyatt Larsen produced the commercial. In 2017, the fundraiser netted $20,000. Stephanie noted that the community was now becoming sponsors, and the goal was $40,000 for 2018. There was also a golf tournament fundraiser sponsored by Pastry Pub. They were in the process of interviews to fill Victims' Advocates positions.

Jared Wilson, Iron County Information Technology (IT) Supervisor, reported that

the budget was on track. Worker orders were at 3042 to date. Projects completed: Incode utility billing, Incode Account Receivable, upgraded servers (Eagle, Incode and Mitel), upgrades to

networking routers and switches. Jared noted that current projects included: Updating the fair exhibit software, Tyler Content Manager installation and training, updates to Assessors' Office

webpage, implementation of MCAD, and Color County Trail System, had gone live. Nicole Rosenberg, Iron County Treasurer, reported that KUTY called and interviewed

her. She noted that Iron County had the highest delinquent taxes in state due primarily to Black Iron. Tax notices had been sent out. The "Data Center" printing company was ahead of schedule. Collections going well. Pooled cash report was at $30 Million. Interest rates were doing well and

helped interest income with over $470,000 already collected in 2018. Budget was on track. The transition to Incode 10 was nearly complete. Nicole expressed her thanks to her office staff with

all the hard work that they do. Lori Eichelberger, Iron County Justice Court, reported that Judge Miller was back in

the office and doing well. The budget was on track. Lori noted that there were 7 full time clerks, 1 full time judge and 1 part time judge. Thank you to the IT department for the small claims

forms being put on line. She noted that year to date, there had been 4,500 moving violations file, with almost 2,000 in the 3rd quarter alone. Lori reported roughly $1.5 Million in total revenue.

Debbie Johnson, Iron County Recorder, noted with glee that this would be her last report given as the Iron County Recorder. Debbie explained that her Retirement was coming in November. The Interim Recorder was to be named on Thursday. She expressed that it had been a

wonderful position and was grateful for the opportunity to work with Iron County. She reported

that Notices of Default were down, revenue was slightly up, and her budget was on track. All

documents were now scanned. Blaine Nay, Iron County Bee Inspector, explained that Utah beehives required

inspection. Blaine reported having visited half of the hives and focus to work with new bee keepers and those having problems. He noted that bee health problem with a parasite mite imported from Asia. Blaine explained that there were 57 viruses that affected bees. He also discussed mites that affect bees and bacteria and spores. Solutions to these problems range from

using bleach and formic acid to burning the hive and burying it in extreme cases.

October 22, 2018 2

PUBLIC COMMENTS No public comments were offered.

CONVENE AS THE IRON COUNTY COMMUNITY DEVELOPMENT AND

RENEW AL AGENCY (ICCD&RA) Michael Bleak, Iron County Commission Chair, declared the convening of the

lCCD&RA.

PUBLIC HEARING ON THE DRAFT PROJECT AREA PLAN AND DRAFT PROJECT

AREA BUDGET FOR THE FIDDLER'S CANYON SOLAR COMMUNITY

REINVESTMENT PROJECT AREA Adam Long, attorney with Smith Hartvigsen, PLLC and counsel for the ICCD&RA,

explained that the public hearing was for the Fiddlers Canyon for three, three megawatts solar projects. Adam noted that all required notices had been delivered. The upcoming Resolution wasto approve the Project Area Plan, and the next Resolution was to approve the Project Area

Budget. Adam explained that with the redefinition of SunEdison, Phase 1 Solar, the Fiddlers

Canyon projects had been left without a project area. He emphasized that the ICCD&RA was under no obligation to offer the incentives because the solar plants in question were already created and did not require enticement. Adam did acknowledge the sense of fairness the board was employing with the Fiddlers Canyon projects

Michael Bleak declared the public hearing on the draft Project Area Plan and draft project

on items 2 through 5 open. No public comments were offered. Commissioner Bleak declared the

Public Hearing closed.

DISCUSSION AND POSSIBLE ACTION ON ICCD&RA RESOLUTION 2018-2, APPROVING THE PROJECT AREA PLAN FOR THE FIDDLER'S CANYON SOLAR COMMUNITY REINVESTMENT PROJECT AREA

Dale Brinkerhoff a motion to approve the ICCD&RA Resolution 2018-2, the Second by Michael Bleak. Voting: Michael Bleak, Aye; Dale Brinkerhoff, Aye.

IRON COUNTY COMMUNITY DEVELOPMENT AND RENEWAL AGENCY RESOLUTION NO. 2018-2

A RESOLUTION APPROVING AND ADOPTING THE COMMUNITY REINVESTMENT PROJECT AREA PLA FOR THE FIDDLER' S CANYON SOLAR COMMUNITY REINVESTMENT PROJ ECT AREA.

Whereas, pursuant to the provisions of the Utah Limited Purpose Local Government Entities - Community Reinvestment Agency Act (the "Act"), specifically Utah Code Annotated ("UCA") § l 7C-5, the Iron County Community Development and Renewal Agency (the "Agency") adopted a resolution on January 8, 2018 designating a survey area, which was to become the Fiddler's Canyon Solar Community Reinvestment Project Area ("Project Area"), and calling for the preparation of a project area plan and budget; and

Whereas, the draft Project Area Plan (the "Draft Plan"), having been prepared for the Project Area pursuant to UCA § l 7C-5- l 05, the Agency held, on October 22, 2018, a duly noticed public hearing pursuant to UCA § l 7C-5-l 04 to allow public comment on the Draft Plan and whether it should be revised, approved, or rejected; and to receive all written and hear all oral objections to the Draft Plan; and

Whereas, having received and heard all commentary on and objections, orally and in writing, to the Draft Plan submitted for its consideration, the Agency has passed upon such objections as it has received and has made such modifications, amendments, and/or emendations to the Draft Plan as it deems appropriate, if any; and

3 October 22, 2018

Whereas, the Agency has made relevant findings concerning the amount of opposition, if any, to the Draft Plan by owners of real property within the Project Area.

NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BOARD OF THE IRON COUNTY COMMUNITY DEVELOPMENT AND RENEW AL AGENCY AS FOLLOWS:

1. Legal Description.

The boundaries of the Project Area are described in the Project Area Plan, attached hereto as Exhibit A.

2. The Agency's Purposes and Intent with Respect to the Project Area.

The purposes and intent of the Agency with respect to the Project Area are as follows:

2.1. To satisfy the purposes of the Act, as defined therein, by promoting, creating, and/or retaining jobs through the planning, design, development, construction, rehabilitation, or business relocation within the Project Area, as well as the provision of office, industrial, manufacturing, warehousing, distribution, parking, public, or other facilities, or other improvements that benefit the state or a community;

2.2. to increase the County' s tax base as well as its commercial front so as to improve both opportunity and quality of life for all. of its citizens;

2.3. to promote, encourage, and bring to fruition, the development within the Project Area of a commercial development comprised of up-scale, reputable commercial concerns;

2.4. to stimulate the economy within the Project Area and in the surrounding area;

2.5. to provide for the installation of needed infrastructure, if and as necessary, for development within the Project Area;

2.6. to take any or all additional steps which may be appropriate or necessary to promote or further the aim of improving the Project Area (and, indirectly, of surrounding areas).

3. Designation, Adoption, and Incorporation of the Plan.

The Draft Plan for the Project Area (attached as Exhibit A) is hereby designated the Official Plan for the Fiddler 's Canyon Solar Community Reinvestment Project Area (the "Official Plan"), and is incorporated herein by this reference.

The Agency hereby officially approves and adopts the Official Plan for the Fiddler' s Canyon Solar Community Reinvestment Project Area.

4. Required Findings.

4.1. A need exists to effectuate a public purpose; to wit, the exercise of the statutorily enacted community reinvestment m_echanism for the benefit of the citizens of Iron County.

4.2. Benefit to the public shall accrue from the execution of the Official Plan, as each project undertaken thereunder shall be subject to the analysis described in Utah Code § l 7C-5-l 05(2).

4.3. The adoption and carrying out of the Official Plan is economically sound and feasible.

4.4. The Official Plan conforms to the County' s General Plan.

4.5. Carrying out the Official Plan will promote the public peace, health, safety, and welfare of the Iron County and its residents.

October 22, 2018 4

5. Submission of the Official Plan to the Iron County Commission for Adoption by Ordinance.

5.1. Pursuant to Utah Code§§ 17C-5-104 & -109, the Agency Board hereby submits the Official Plan to the Iron County Commission for review and adoption.

6. Recording and Transmittal.

6.1. Pursuant to Utah Code § 17C-5-1 11, Agency Staff are hereby directed and authorized to take the following actions within 30 days after adoption of the Official Plan by the Iron County Commission:

a. to record with the Iron County Recorder a document containing a description of the land within the Project Area, a statement that the Official Plan for the Project Area has been adopted; and the date of its adoption by the Iron County Commission; and

b. to transmit a copy of the description of the land within the Project Area, a copy of the County ordinance adopting the Official Plan, and a map indicating the boundaries of the Project Area to each of the following: (i) the auditor and assessor of the county in which the Project Area is located; (ii) the officer or officers performing the function of auditor or assessor for each taxing entity, if any, that does not use the county assessment roll or collect its taxes through the county; (iii) the legislative body or governing board of each taxing entity; (iv) the State Tax Commission; and (v) the State Board of Education.

7. Execution of the Plan.

7.1. Following adoption of the Official Plan by the Iron County Commission, the Agency shall proceed to carry out the Plan.

8. Directions to Agency Staff.

8.1. The Agency staff are hereby directed and authorized to take all such actions as necessary to effectuate the purposes and aims of this resolution.

9. Effective Date

9.1. This Resolution shall take effect upon its adoption.

APPROVED AND ADOPTED on the 22nd day of October, 2018.

5

IRON COUNTY COMMUNITY DEVELOPMENT AND RENEWAL AGENCY

j~\?~~ MfchaelP:Bieak, Cha~" ""'

October 22, 2018

DISCUSSION AN POSSIBLE ACTION ON ICCD&RA RESOLUTION 2018-3,

APPROVING THE PROJECT AREA BUDGET FOR THE FIDDLER'S CANYON SOLAR COMMUNITY REINVESTMENT PROJECT AREA

Dale Brinkerhoff a motion to approve ICCD&RA Resolution 2018-3 Second by Michael Bleak. Voting: Michael Bleak, Aye; Dale Brinkerhoff, Aye.

IRON COUNTY COMMUNITY DEVELOPMENT AND RENEW AL AGENCY RESOLUTION NO. 2018-3

A RESOLUTION APPROVING AND ADOPTING THE COMMUNITY REINVESTMENT PROJECT AREA BUDGET FOR THE FIDDLER' S CANYON SOLAR COMMUNITY REINVESTMENT PROJECT AREA.

Whereas, pursuant to the provisions of the Utah Limited Purpose Local Government Entities - Community Reinvestment Agency Act (the "Act"), specifically Utah Code Annotated ("UCA") § 17C-5, the Iron County Community Development and Renewal Agency (the "Agency") adopted a resolution on January 8, 2018, designating a survey area, which was to become the Fiddler' s Canyon Solar Community Reinvestment Project Area ("Project Area"), and calling for the preparation of a project area plan and budget; and

Whereas, pursuant to the provisions of the Utah Community Reinvestment Agency Act (the "Act"), specifically Utah Code Annotated ("UCA") § 17C-5, on October 22, 2018 the Agency approved the Community Reinvestment Project Area Plan for the Project Area after holding a duly-noticed public hearing; and

Whereas, the Agency has prepared a Project Area Budget (the "Budget") for the Project Area as required by the Act; and

Whereas, the Budget having been prepared for the Project Area pursuant to the Act, the Agency made the Budget publicly available and provided notice of the budget hearing as required by the Act; and

Whereas, the Agency held, on October 22, 2018, a duly-noticed public hearing pursuant to UCA § 17C-5-302 to allow public comment on the Budget and whether it should be revised, approved, or rejected, and to receive all written and hear all oral objections to the Budget; and

Whereas, having received and heard all commentary on and objections to the Budget submitted for its consideration, the Agency has passed upon such objections as it has received and has made such modifications, amendments, and/or emendations to the Budget as it deems appropriate, if any; and

Whereas, pursuant to UCA § 17C-5-304, the Budget remains subject to approval by the entities that levy taxes within the Project Area that enter into interlocal agreements with the Agency for the Project Area before the Agency may collect project area funds from the Project Area; and

Whereas, the Agency now desires to formally adopt the Budget as the official budget for the Project Area.

THEREFORE, BE IT RESOLVED BY THE GOVERNING BOARD OF THE IRON COUNTY COMMUNITY DEVELOPMENT AND RENEWAL AGENCY AS FOLLOWS

1. The Agency has received all comments and objections to the draft Budget.

2. The Budget attached hereto as Exhibit A is hereby adopted as the official budget for the Fiddler's Canyon Solar Community Reinvestment Project Area.

October 22, 2018 6

3. Agency staff are hereby authorized to take all actions necessary, including those actions required by UCA § I 7C-5-305, to carry out the purposes of this resolution.

4. This resolution shall be effective upon adoption

APPROVED AND ADOPTED on the 22"d day of October, 2018.

IRON COUNTY COMMUNITY DEVELOPMENT AND RENEWAL AGENCY

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''''"m"'''" APPROVAL OF THE 2017 INCENTIVE PAYMENTS FOR BERYL SOLAR, BUCKHORN SOLAR AND CEDAR VALLEY SOLAR PROJECTS

Danny Stewart explained that the incentive in question went back to the 2017 tax year. Danny noted that all of the requirements had been met to qualify for incentive.

Dale Brinkerhoff made a motion to approve the 2017 tax incentive payment for Beryl

Solar, Buckhorn Solar and Cedar Valley Solar projects. Second by Michael Bleak. Voting:

Michael Bleak, Aye; Dale Brinkerhoff, Aye.

RECONVENE AS THE IRON COUNTY COMMISSION Michael Bleak, Iron County Commission Chair, declared the adjournment of the Iron

County ICCD&RA and the reconvening of the Iron County Commission.

DISCUSSION AND POSSIBLE ACTION ON IRON COUNTY ORDINANCE 2018-5, APPROVING AND ADOPTING THE OFFICIAL PROJECT AREA PLAN FOR THE FIDDLERS CANYON SOLAR COMMUNITY REINVESTMENT PROJECT AREA (CRA)

Adam Long explained that Ordinance 2015-5 represented Iron County's approval of the Fiddlers Canyon Solar CRA.

Dale Brinkerhoff a motion to approve Iron County Ordinance 2018-5 Adopting the Official Project Area Plan for the Fiddlers Canyon Solar Community Reinvestment Project Area. Second by Michael Bleak. Voting: Michael Bleak, Aye; Dale Brinkerhoff, Aye.

7 October 22, 2018

IRON COUNTY ORDINANCE 2018-5

AN ORDINANCE ADOPTING THE PROJECT AREA PLAN FOR THE FIDDLER'S CANYON SOLAR COMMUNITY REINVESTMENT PROJECT AREA, AS APPROVED BY THE IRON COUNTY COMMUNITY DEVELOPMENT AND RENEWAL AGENCY, AS THE OFFICIAL COMMUNITY REINVESTMENT PROJECT AREA PLAN FOR THE PROJECT AREA.

Whereas, the Iron County Community Development and Renewal Agency (the "Agency"), having prepared the Project Area Plan (the "Plan") for the Fiddler's Canyon Solar Community Reinvestment Project Area (the "Project Area") pursuant to Utah Code Annotated ("UCA") § 17C-5, has adopted on this same date the Plan as the Official Community Reinvestment Project Area Plan for the Project Area; and

Whereas, Section 17C-5- l 09 of the Utah Limited Purposes Local Government Entities -Community Reinvestment Agency Act (the "Act") mandates that, before a community reinvestment project area plan approved by an agency under UCA § 17C-5 may take effect, it must be adopted by ordinance of the legislative body of the community that created the agency; and

Whereas, the Act also requires that certain notice is to be given by the community legislative body upon its adoption of a community reinvestment project area plan under UCA § 17C-5-110.

Now, Therefore, Be It Ordained by the Iron County Commission as follows:

1. The Iron County Commission hereby adopts and designates the Plan for the Fiddler's Canyon Solar Community Reinvestment Project Area, as approved by the Agency on this same date, as the official plan (the "Official Plan") for the Project Area, the respective boundaries of which are shown and described on the legal descriptions and map attached hereto as Exhibit A and incorporated herein by this reference.

2. Iron County Commission and Agency staff are hereby authorized and directed to publish or cause to be published the notice required by UCA § 17C-5-110, substantially in the form attached hereto as Exhibit B, whereupon the Official Plan shall become effective under UCA § 17C-5-110.

3. Pursuant to the Act, the Agency may proceed to carry out the Official Plan as soon as it becomes effective.

4. This ordinance takes effect upon publication and recording, but not sooner than 15

days from this date.

DATED this 22nd day of October, 2018.

BY THE IRON COUNTY COMMISSION:

'\<I Q\;< \?~~ Michael P. Bleak, Chair

October 22, 2018 8

ATTEST:

Voting:

Alma Adams Dale Brinkerhoff

Mike Bleak

_Absent_ _Aye_ _Aye_

REQUEST FOR A DONATION FOR THE SENIOR COMPANION AND FOSTER GRANDPARENT PROGRAMS

JoAnne Lyman, Senior Companion and Foster Grandparent Program Director, explained that Iron County had 17 senior companions and 11 foster grandparents. All lower income seniors were invited to participate. Foster grandparents go to schools and help with reading. They had 33

clients. They were required to work 15-25 hours per week. JoAnne recalled that Iron County had given $500 2017. She noted that the program required $I 0,000 of community funding to match the federal funding.

Dale Brinkerhoff made a motion to leave this as a budget item. This was to be presented

to Dan Jessen during the budget process and considered at that time. Second by Michael Bleak. Voting: Michael Bleak, Aye; Dale Brinkerhoff, Aye.

DISCUSSION AND APPROVAL OF RESOLUTION 2018-11, ESTABLISHING AN AUDIT COMMITTEE TO ASSIST THE IRON COUNTY BOARD OF COMMISSIONERS JN THE OVERSIGHT OF BOTH THE INTERNAL AND EXTERNAL AUDIT FUNCTIONS

Dan Jessen explained audit committee had been approved in a prior meeting but not as a Resolution.

Dale Brinkerhoff made a motion to approve Resolution 2018-11 , Establishing an Audit

Committee to Assist the Iron County Board of Commissioners in the Oversight of Both the Internal and External Audit Functions. Second by Michael Bleak. Voting: Michael Bleak, Aye; Dale Brinkerhoff, Aye.

IRON COUNTY RESOLUTION 2018-11

A RESOLUTION AUTHORIZING AND ESTABLISHING AN AUDIT COMMITTEE

Whereas, the Iron County Board of Iron County Commissioners desire to maintain appropriate and proper audit oversight; and

Whereas, an independent Audit Committee would be able to provide independent advise, assistance and recommendations to the Board of Iron County Commissioners; and

BE IT RESOLVED THEREFORE, that the Board of Commissioners of Iron County do hereby authorize and establish an Audit Committee to assist the Iron County Board of Commissioners in the oversight of audit functions as set forth as follows:

9 October 22, 2018

Scope

The Iron County Board of Commissioners has established an audit committee to assist the Iron County Board of Commissioners in the oversight of both the internal and external audit

functions. This charter is not meant in any way to inhibit, nor reduce the authority granted to the

Iron County Auditor granted by Utah State statute to perform his/her audit-related duties.

Mission

The Iron County Board of Commissioners has established an audit committee to provide

independent advice, assistance, and recommendations to the Iron County Board of Commissioners in the oversight of the internal and external audit functions of Iron County Government.

Composition and Requisite Skills The Iron County Audit Committee is comprised of a subset of Iron County Board of

Commissioners members. This subset must be Jess than a quorum of the governing body. This ensures that investigations regarding the work of management, external auditors, and internal auditors remain confidential until reports are made public to the governing body. The committee shall include: one (I) Iron County Commissioner, the Iron County Treasurer, the Iron County Auditor, and member of the public with the following qualifications: 1) is not an employee of

Iron County 2) has sufficient financial or audit-related qualifications to be on the committee 3) who neither does business with Iron County nor has within the last 2 years. The Committee members collectively should possess the knowledge in accounting, auditing, and financial reporting needed to understand and evaluate Iron County ' s financial statements, the external audit, and the entity' s internal audit activities. Accordingly, the Audit Committee ' s

members, collectively, should:

• Possess the requisite knowledge necessary to understand technical and complex financial

reporting issues.

• Have the ability to communicate with auditors, public finance officers and the governing

body.

• Be knowledgeable about internal controls, financial statement audits and

management/operational audits.

• If no audit committee members have sufficient personal internal control or finance knowledge, the committee must gain this knowledge via a financial expert (either

volunteer or paid) advisor. o The financial expert advisor must:

Be independent of management Be present for meetings

Not be a member of the audit committee Not vote on committee actions

Duties and Responsibilities The duties and responsibilities of the Iron County Audit Committee include the following:

• External Audit Focus o Provide recommendations regarding the selection of the external auditor o Meet with the external auditor prior to commencement of the audit to, among

other things, review the engagement letter. o Review and discuss with the external auditor any risk assessment of the entity's

fiscal operations developed as part of the auditor' s responsibilities under governmental auditing standards for a financial statement audit and federal single

audit standards, if applicable. o Receive and review the draft annual audit report and accompanying draft

management letter, including the external auditor' s assessment of the entity ' s system of internal controls, and working directly with the external auditor, assist

the governing body in interpreting such documents.

October 22, 2018 10

o Make a recommendation to the governing body on accepting the annual audit

report. o Review every corrective action plan developed by Iron County management and

assist the governing body in the implementation of such plans.

• Internal Audit Focus o Make recommendations to the governing body and regarding the appointment of

an internal auditor. o Assist in the oversight of the internal audit function, including reviewing the

annual internal audit plan to ensure that high risk areas and key control activities are periodically evaluated and tested, and reviewing the results of internal audit

activities. o Review significant recommendations and findings of the internal auditor. o Monitor management 's implementation of the internal auditor' s recommendations

by management. o Participate in the evaluation of the performance of the internal audit function.

• Administrative Matters o Hold regularly scheduled meetings o Review and revise the Audit Committee Charter, as necessary.

Membership The membership duties of the Iron County Audit Committee include the following:

• Good Faith - Members of the Committee shall perform their duties in good faith, in a

manner they reasonably believe to be in the best interests of the Committee and the county with such care as a generally prudent person in a similar position would use under similar circumstances.

• Independence - An individual may not serve on an audit committee if he or she: o Is employed by the entity.

o Currently provides, or within the prior two years, has provided, goods or services

to the entity. o Is a family member of an employee or officer. o Is the owner of or has a direct and material interest in a company providing goods

or services to the entity.

• Confidentiality - During the exercise of duties and responsibilities, the Committee

members may have access to confidential information. The Committee shall have an obligation to the entity type to maintain the confidentiality of such information.

Meetings and Notification The Iron County Audit Committee shall meet a minimum of four (4) times each year. An agenda

of each meeting should be clearly determined in advance and the Audit Committee should

receive supporting documents in advance, for reasonable review and consideration. The Audit Committee shall create meeting minutes which include the meeting:

• Agenda

• Time, date, and location

• Attendance

• Findings requiring further investigation

• Items to report to the governing body

Decision-Making Process All decisions shall be reached by vote of a simple majority of the total membership of the committee. A quorum constitutes a simple majority of the total membership and meetings will not be conducted unless a quorum is present.

11 October 22, 2018

Reporting Requirements

The Iron County Audit Committee has the duty and responsibility to report its activities to the Iron County Board of Commissioners as needed, but not less than annually. Periodic written

reports of Audit Committee activities are and important communication link between the Audit Committee and the Iron County Board of Commissioners on key decisions and responsibilities. The Audit Committee' s reporting requirement are to:

• Report on the scope and breadth of committee activities so that the lron County Board of Commissioners is kept informed of its work.

• Provide minutes or a summary of minutes of meetings which clearly record the

actions and recommendations of the Committee

• Report of their review of Iron Counties draft annual audit report and accompanying management letter and their review of significant findings.

• Report on suspected fraud, waste or abuse, or significant internal control findings and activities of the internal control function.

• Report on indications of material or significant non-compliances with laws or Iron County policies and regulations.

• Report on any other matters that the committee believes should be disclosed to the

Iron County Board of Commissioners.

Charter Review The Iron County Audit Committee shall assess and report to the Iron County Board of Commissioners on the adequacy of this Charter no less than an annual basis or as necessary. Charter modifications, as recommended by the Audit Committee, should be presented to the Iron

County Board of Commissioners in writing for their review and action.

APPROVED and signed this 22nd day of October, 2018.

ATTEST:

Iron County Clerk

Voting: Alma L. Adams Dale M. Brinkerhoff Michael P. Bleak

_Absent_ _Aye_

_Aye_

BOARD OF COUNTY COMMISSIONERS IRON COUNTY, UTAH

By:~ .a.CJ~~ Michael P. Bleak - Chairman

NOTICE OF ANNEXATION OF PARCEL INTO CEDAR CITY FOR MARK MEISNER/JUDD

The commissioners acknowledged the annexation of a parcel in the South Yi of Section 32, Township 35 South, Range 11 West, Salt Lake Base and Meridian into Cedar City with no

objections.

October 22, 2018 12

PERSONNEL Michael Bleak presented new hires David Kwiatkowski and Michael Ferguson as Patrol

Deputies in the Sheriff Department for approval, effective October 29th and as backfills of vacant positions; a promotion for Thomas Byrd from Deputy to Corporal in the Sheriff Department for approval, effective October 21 st as a backfill of a vacant position; the new hire of Shelby McDonnell as a part-time Bailiff in the Sheriff Department for approval, effective October 24th

as a backfill of a vacant position; the new hire of Brionna Garrett as a Victim Advocate Coordinator/Grant Specialist for approval, effective November 4th. This position was funded under the 1984 Victims of Crime Act (VOCA) Grant and a new position. This position was required through the office of the attorney general as part of the continuation of the VOCA

Grant. Michael Bleak made a motion to approve new hires David Kwiatkowski and Michael

Ferguson as Patrol Deputies in the Sheriff Department for approval, effective October 29th and as backfills of vacant positions; a promotion for Thomas Byrd from Deputy to Corporal in the Sheriff Department for approval, effective October 2 1st as a backfill of a vacant position; the new hire of Shelby McDonnell as a part-time Bailiff in the Sheriff Department for approval, effective October 24th as a backfill of a vacant position; the new hire of Brionna Garrett as a Victim Advocate Coordinator/Grant Specialist for approval, effective November 4th. A caveat was also placed on the Victim Advocate Coordinator, in that the continuation of the position would be contingent upon state funding moving forward. Second by Dale Brinkerhoff. Voting: Michael Bleak, Aye; Dale Brinkerhoff, Aye.

Adrion Walker presented the 2019 Employee Insurance Benefit package. Adrion introduced Brenden Krelle from AJG Benefits. He noted that the renewal process was often difficult. After opening to bid, Select Health increased 1 7 .3 percent, which was much higher than expected. After such an increase, other carriers and brokers were invited to prepare bids. Going through the bidding process helps Iron County to maintain the best service for employees. Adrion noted that, because of the process, time was growing short, and there was some urgency to commit to a plan and carrier, and begin the open enrollment period.

Brenden Krelle explained that Gallagher and Iron County had been working together to keep costs down and maintain benefits. Brenden noted that the initial increase of 17.3 percent from Select Health was a large and alarming increase. He proposed that Iron County use PEHP in 2019. Brenden extolled the virtues of PEHP, they already focus on public sector employees covering 333 entities in Utah; they have been in business since 2001 , they are non-profit and a trust and will rebate to the members of the trust a percentage if profitable; they have excellent references; they have a 95% provider crossover from the current Iron County system; improved cost transparency; member engagement; diabetic services; and excellent reputation and references in Southern Utah. Brenden noted that with nearly identical plans, the negotiated increase was a 2% increase compared to 2018.

Dental Select increased by 17.85% or roughly $32,000. Because of the large increase, it was proposed to move to EMI, which would represent a 4.9% or 8,700 increase. The EMI plan offered enhanced benefits, including Endodontics and Periodontics. Vision was also proposed to move to fully insured under EMI.

Dale Brinkerhoff made a motion to approve the 2019 Health Benefit package with PEHP with a 2.3 percent increase totaling $54, 104.00. Second by Michael Bleak. Voting: Michael Bleak, Aye; Dale Brinkerhoff, Aye.

13 October 22, 2018

NON-DELEGATED ITEMS COURTHOUSE

Lester Ross reported that the courthouse landscaping was moving forward. He noted that

the goal was to be finished by the end of the week. Much of the xeriscaping rock had been place,

and sod was to be placed later in the week. Lester explained that an identifying sign to be placed in the front of the building was moving forward. He did not know when the sign would be

completed, but anticipated it taking I to 2 days. There would be a light for the flagpole on the

back of the sign. A concrete pad had been poured on the southwest comer of the building, and a pavilion would be installed over it in 2018.

Dan Jessen discussed art work for the second floor of the courthouse. He had plans to make 5 similar murals as the first floor, but with more of a horizontal format. Dan explained that

mural ideas included Enoch City, The Spanish Trail, the West Desert, the Beryl/Newcastle Area,

The Iron County Fair, Three Peaks and/or Woods Ranch, Paragonah and Summit, and Old Iron

town. He estimated the cost to be around $7,000.

ADJOURNMENT Michael Bleak, Iron County Commission Chair, declared adjournment.

Ma~ Signed: Michael P. Bleak, Chairman

October 22, 2018 14