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Commission approves Bigwater structural-fire MOU renewal, backs state public-lands suit and amends appointments policy

Kane County Commission · September 17, 2024
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Summary

Kane County commissioners unanimously renewed a structural-fire memorandum with the Town of Bigwater, voted to support the state's public-lands litigation and committed up to $1,500 for an amicus brief, and revised county policy to allow additional nomination procedures for appointments to boards.

Kane County commissioners on Sept. 17 unanimously approved three formal actions: renewal of a structural-fire memorandum of understanding with the Town of Bigwater, a resolution supporting the State of Utah's litigation regarding unappropriated federal lands and a small amicus contribution, and an amendment to the county's appointments policy.

Renewal of Bigwater MOU

The commission considered a memorandum of understanding that allows the Town of Bigwater to enter unincorporated Kane County to provide structural fire response as needed. The MOU originally took effect in January 2023 and lapsed in January 2024; staff and counsel explained the town handles billing to residents for structural-response costs, with the county available to assist via the county attorney if recovery fails. Commissioners discussed whether to seek multi-year terms (the agreement provides the option of terms up to five years) but agreed to authorize renewal without delay. The chair moved to "authorize the signing of the renewal of the structural fire support memorandum of understanding with Big Watertown as written" and the motion passed with unanimous ayes.

Resolution supporting state litigation and amicus brief

The commission considered Kane County Resolution R2024-29, a formal expression of support for the State of Utah's legal action regarding certain federally controlled, unappropriated lands (case cited in the meeting as Utah v. United States, transcript citation 2200160). Commissioners discussed that the issue affects some counties more than others and noted existing state "trigger" statutes intended to guide any disposal or transfer if the litigation succeeds. The commission voted to support the state's action and to contribute up to $1,500 toward an amicus brief.

Appointments policy amendment

Commissioners discussed clarifying language for the county's appointment process to boards and special districts. The adopted changes (presented by the county attorney and discussed at the meeting) specify that the liaison commissioner normally conducts interviews, that the full list of qualified applicants and materials will be provided to all commissioners, and that if the commission rejects an initial nomination at a meeting, any commissioner may immediately nominate another qualified applicant for consideration at that same meeting. The motion to amend the policy as discussed was approved unanimously.

Votes

All three items passed by unanimous vote; the meeting minutes record "Voting was unanimous" for the consent agenda and for each motion to approve the MOU renewal, the resolution and the policy amendment. The meeting did not record individual roll-call vote tallies by name in the transcript excerpt provided.

Next steps

Staff was authorized to finalize the MOU paperwork with Bigwater, to process the county's pledge of funds for the amicus brief, and to place the appointments-policy revision on the next consent agenda for formal incorporation into county policy.