On the Kane County Commission agenda a business license for Cave Lakes Bed and Breakfast brought some discussion on the current county business license application.

Commissioner Mark Habbeshaw stated there is inadequate criteria in the current business license, and there is no current regulation supporting the proposed motion that it not be granted because property taxes are in arrears. The vote to approve was Habbeshaw and Commissioner Doug Heaton voting aye and Commissioner Daniel Hulet voting nay.

Another agenda issue was the approval or denial of the location for Utah Trail Village of Many Nations where teepees and porta potties are used. Habbeshaw said the required PUD does not fit the definition and is inconsistent with the business license. The two main points of consideration are adequate access off of Highway 89 and non -compliance with zoning requirements (building a platform.)

The county received a letter from UDOT not to allow the development until access is resolved. Habbeshaw asked owner Arthur Letkey, “Does that mean liability would be turned over to the county, which the county would turn over to you?”

Again there was an issue with the current business license. “The current business license ordinance is deficient. It needs a checklist. The decision today needs to be on the current license,” said Habbeshaw.

Heaton said, “We need to cooperate with UDOT, but UDOT should not dictate to the county and economic growth.”

Habbeshaw continued that UDOT was asking Letkey to comply with a higher standard than many other sites along Highway 89.

Hulet asked, “Are we going to wait for an accident or possible death, before any action is taken?”

Cave Lakes has committed to UDOT to help with turn lanes in the future. County Attorney Jim Scarth told the commissioners they are in a “Catch 22” position. If they deny, they appear arbitrary when there is no reason in the current ordinance to deny. If they approve, there is possible action from UDOT.

A motion to approve the location and transfer of the business license to a new location contingent upon building inspector approval and that the facility passes requirements, was approved with Habbeshaw and Heaton voting aye and Hulet nay.

The commission approved having the county business license process rewritten with a checklist.

Ken Sizemore, Five County Association of Governments Director, had the Memorandum of Understanding (MOU) for the Volunteer Center operations, as requested at the last meeting.

Habbeshaw said, “the MOU accomplishes what we were asking for. The program continues under the county.” He asked why Kane County pays a lot more than Iron, Garfield and Beaver Counties.

Sizemore responded it depends on the services and programs each county has. Sizemore added, “I want the commission to understand RSVP money will stay in St. George.”

Kane County Human Resouce Director Rhonda Gant said she is concerned about the funding. “I think we are hurting ourselves,” said Gant.

Habbeshaw believes Kane County is out of balance with contributions of other counties, and questioned if Kane County is getting its fair share of program funding coming to Five Counties. What is the advantage of Kane County staying in programs with Five County Association of Governments?

Sizemore responded that volunteers will continue to receive pay for travel, but the insurance every volunteer receives will be no more if they are not a part of the RSVP Program.

No action was taken. The commission asked Sizemore to check and see if Kane would be entitled for help with rent, utilities, phone, etc.

On personnel issues, Craig Hansen, of Care and Share, said he cannot keep up with his duties on the 29 hours a week allotted to him. He discovered that he cannot volunteer hours on the same job description he is being paid for. His added hours have been donated in the past. Hansen said he wants to do what is needed to get the job done and see the Care and Share program runs smoothly.

The commission asked Rhonda Gant to do an analysis of the job and visit with other districts to see how they handle it. They also want to check for other options.

The commission approved an on-going work agreement with the Forest Services for magnesium chloride at Navajo Lake for 2010.

The commission adopted Resolution 2010-6 for a Multi County Appraisal Trust Resolution for State Mandated Appraisal Software. They asked Kane County Assessor Linda Little to sign since it is in her department.

The State Legislature approved this software system because of the backlash in appraisal values. The budget for this software will be in the 2011 budget.

Kane County’s position regarding the Bulloch vs. Bulloch lawsuit on road status is that Kane County is not claiming any road across the Shawn Bulloch property. The county has been named in the legal battle.

The commission authorized Kane County Attorney Jim Scarth to file a disclaimer of interest with the District Court to any claims, RS2477 or other public rights of way, within Michael Shawn Bulloch property.

The commission approved the Zion Bank Financial Advisory Services agreement, which is a standard agreement and suggested it be renewed periodically.

The commission discussed the Legacy Development rights. A landowner has a chance to sell his development rights to the Utah State Legacy which would make it State Forestry Land, keep out development, and which would maintain the riparian area, habitat, etc. Habbeshaw said, “The devil is in the details.” This was deferred to the next meeting so they could study before making any decision.

For the Municipal Buuilding Authority, Operational Manager Bruce McDonouh, Project Manager Ed Deffner, and Superintendent Bill Ferarra, all with Layton Construction, and Deputy Tracy Glover, reported progress on the Public Safety Facility. They reported the BLM EA is complete and they are waiting for the archaeology study. “The BLM staff has “bent over backwards” to move this forward. Glover said as time passes, Kane’s position on USDA funding “gets stronger.”

Hulet updated the commissioners on the disposition of the Community Service Block Grant (CSBG) for seniors, and the Social Services Block Grant (SSGB) for care and share. It is a “use it or lose it” for $2,000. The commission decided to use the funds.

At the work meeting, Fayann Christensen reported the Five County Association of Governments has money set aside for some needed equipment in both Senior Citizen Centers. The money must be used for non-food items. She has ordered a three-compartment sink, icemaker and meat slicer.

Kanab City wants curb and gutter at the Public Safety Building. However, the county does not. They feel it is not necessary at this time, since this is a government entity, not a commercial business.