Commission Meeting 4 November 17, 2015
MINUTES
BOX ELDER COUNTY COMMISSION
NOVEMBER 17, 2015
The Board of County Commissioners of Box Elder County, Utah met in an Administrative/Operational Session at the County Courthouse, 01 South Main Street in Brigham City, Utah at 4:45 p.m. on November 17, 2015. The following members were present:
Stan Summers Commissioner
Jeff Scott Commissioner
Jeff Hadfield Commissioner
Marla R. Young Clerk
The following items were discussed:
1. Agenda Review/Supporting Documents
2. Commissioners’ Correspondence
3. Staff Reports – Agenda Related
4. Correspondence
The Administrative/Operational Session adjourned at 4:55 p.m.
The regular session was called to order by Chairman Summers at 5:00 p.m. with the following members present, constituting a quorum:
Stan Summers Chairman
Jeff Scott Commissioner
Jeff Hadfield Commissioner
Marla Young County Clerk
The prayer was offered by Commissioner Scott.
The Pledge of Allegiance was led by Recorder Chad Montgomery.
APPROVAL OF MINUTES
THE MINUTES OF THE REGULAR MEETING OF NOVEMBER 04, 2015 WERE APPROVED AS WRITTEN ON A MOTION BY COMMISSIONER SCOTT, SECONDED BY COMMISSIONER HADFIELD AND UNANIMOUSLY CARRIED.
AGENDA: ATTACHMENT NO. 1
ADMINISTRATIVE REVIEW/REPORTS/FUTURE AGENDA ITEMS – COMMISSION
UAC Fall Conference – Chairman Summers
Chairman Summers reported the commissioners attended the Utah Association of Counties Fall Conference. There was a lot of material discussed.
Governor’s Gala – Chairman Summers
Chairman Summers stated he attended the Governor’s Gala. He was impressed to see VFW Post Commander Norm Nelson and the color guard from Box Elder County being represented as they provided the flag ceremony.
MOU #15-37/GREATER SAGE GROUSE PRIORITY AREA FOR CONSERVATION – COMMISSIONER HADFIELD
Commissioner Hadfield explained the MOU is with the Bureau of Land Management and stipulates that the BLM agrees to notify the county when making changes as well as agreeing to coordinate on the sage grouse issue.
MOTION: Commissioner Hadfield made a motion to approve MOU #15-37. The motion was seconded by Commissioner Scott and unanimously carried.
(See attachment No. 2 – MOU.)
BROOKSIDE ESTATES SUBDIVISION – SCOTT LYONS
County Planner Scott Lyons explained Brookside Estates is a five-lot subdivision south of Fielding. The plat has been through all the necessary reviews and comes with a recommendation for approval.
MOTION: Commissioner Scott made a motion to approve the Brookside Estates Subdivision. The motion was seconded by Commissioner Hadfield and unanimously carried.
TYLER HARRISON SUBDIVISION – SCOTT LYONS
This item was cancelled.
ZITO SUBDIVISION – SCOTT LYONS
County Planner Scott Lyons stated the Zito Subdivision is located in South Willard along Hwy 89. The landowners are splitting off one acre with the home leaving a remainder of 7.22 acres of farm land. The plat has been approved by all the necessary departments.
MOTION: Commissioner Hadfield made a motion to approve the Zito Subdivision. The motion was seconded by Commissioner Scott and unanimously carried.
BRIGHAM CITY SENIOR CENTER UPDATE – NANCY GREEN
This item was cancelled.
MARBLE HILL FIRE/MARBLE HILL WATER CO – KIP HEINER
Kip Heiner of Marble Hill Water Company stated he is contesting a bill issued by the Box Elder Fire Department. The fire took place on July 4, 2015. It started in a meter box at the well house. The Thatcher/Penrose Fire Department responded but could not get the pumps to start. By the time Tremonton Fire Department responded, the fire had burned 3.5 acres. He said the water company donates to the Penrose/Thatcher Fire Department every year, so they assumed they would be assisted. Mr. Heiner said they have contacted Rocky Mountain Power to assist with the bill since it was their power line, but have not yet received a response. He asked the commission to waive the bill.
Fire Marshal Corey Barton stated there were multiple agencies involved in putting out the fire. The county has only billed what they have been billed by other agencies along with interest.
Chairman Summers suggested a payment plan and waiving the interest.
Commissioner Hadfield stated he was hesitant to waive the interest as it sets precedence.
MOTION: Commissioner Hadfield made a motion to waive interest from this point forward and have the Marble Hill Water Company make arrangements for a payment plan. The motion was seconded by Commissioner Scott and unanimously carried.
SNOWVILLE TOWN DISCUSSION – MAYOR TIM HEYDER
Snowville Mayor Tim Heyder thanked Sheriff Potter for the efforts of his deputies in Snowville and around the county. He stated there has been an increase in theft, drugs, prostitution, and other criminal issues in Snowville. He has letters from people in the town and county explaining what is happening. He stated he hoped in the future there could be more resources put into the Sheriff’s Office to have an additional deputy from Howell to the West Box Elder County. He feels it is an emergency situation and if there isn’t something done there will be bigger issues.
Chairman Summers encouraged Mayor Heyder to talk with the Mayor of Mantua as they had some similar issues and have found ways to alleviate some of the problems.
AVAILABILITY OF COUNTY FAIRGROUNDS FOR FLUOR CONSTRUCTION – JIM SALYERS
Fluor Construction Oversight Manager, Jim Salyers stated Fluor Construction provides services and manages construction and labor at the Procter & Gamble site. He asked the commissioners for permission to use the fairgrounds in case of a labor dispute. It is part of a contingency plan to have a location that could accommodate a few hundred people if a labor dispute arises. He said it would also be contingent on availability of the fairgrounds.
Commissioner Scott asked Mr. Salyers to have an agreement drawn up and bring it back to the commission for approval.
OPT-OUT INSURANCE POLICY CHANGE – JENICA BAGGS
Human Resources Secretary Diane Olsen explained changes were made to the Opt-Out policy regarding insurance. Instead of a lump sum being paid at the beginning of the year, it will be spread throughout the year equally by pay period. This will help those that have to go back on the insurance to not have to pay back a disbursement.
MOTION: Commissioner Scott made a motion to approve the changes to the Opt-Out Insurance Policy. The motion was seconded by Commissioner Hadfield and unanimously carried.
DECLARE ROADS ON PROMONTORY PUBLIC – PAUL HALES
Chairman Summers stated there have been three departments working on the Promontory road problem. He said he agrees the road is a public road going up to Little Valley, but does not think the road is public going up to Mr. Hale’s mining claims. He said it is more of an issue to work out with the current landowners regarding the use of the road.
Commissioner Scott stated it looks like it is a county road up to a point, then it is private property. It does not show on county maps as an established road.
Paul Hales stated the 1965 commission minutes clearly state it was a county road and it does not show as vacated. It is well over 65 years ago that a fence was put up and should be designated as a public road. He has old literature showing the mining company maintained the road. He said he would e-mail Chairman Summers documents that have been drawn up regarding an agreement with the other land owners.
Chairman Summers stated he needs to get an agreement with the property owners to utilize the road.
Commissioner Scott suggested Chairman Summers talk to the landowners to draw up an easement for him to be able to get to his mining claims.
RUSSIAN KNOLLS ROAD GATE REQUEST – JAY CARTER
Road Supervisor Bill Gilson stated there is a need to add a gate to the Russian Knolls Road south of Park Valley. It is a Class “D” road. The traffic volume is very low. Jay Carter wants to house some cows in a small section for a short time during the winter months. It would be a seasonal closure but the gate would not be locked. He said if costs are compared between a cattle guard and a gate, a gate is recommended.
Chairman Summers asked Bill Gilson to notify the landowners of the gate.
MOTION: Commissioner Scott made a motion to approve the gate request on Russian Knolls Road. The motion was seconded by Commissioner Hadfield and unanimously carried.
SEASONAL ROAD CLOSURE/SHORT DIVIDE ROAD WITH CACHE COUNTY – BILL GILSON
This item was cancelled.
PUBLIC COMMENT PERIOD
DeAnna Hardy of Brigham City said she is grateful the individual rights of the people in Box Elder County were not taken away by the transportation tax. She feels it is unconstitutional to make citizens pay for bike trails and sidewalks. She spoke of the Ken Ivory group that is trying to rewrite the constitution. The constitution is not the problem; it is the people who are not observing it.
WARRANT REGISTER – COMMISSIONERS
The Warrant Register was signed and the following claims were approved for payment: Claims 97832 through 97899 in the amount of $313,075.01. Claims 97901 through 97956 in the amount of $131,380.57.
PERSONNEL ACTIONS/VOLUNTEER ACTION FORMS – COMMISSIONERS
AUDITOR: Mary Huthman, compensation change, effective 11/16/2015
LANDFILL: Darrin Marble, rehire, effective 11/09/2015
RECORDER: Faylene Brown, compensation change, effective 11/16/2015
ROAD DEPT: Cindy Thompson, cell phone allowance, effective 06/01/2015
ROAD DEPT: Mike Hansen, separation, effective 10/29/2015
ROAD DEPT: Ty Walker, transfer, effective 10/28/2015
ROAD DEPT: Curtis Packer, compensation change, effective 11/09/2015
SHERIFF’S DEPT: Zachery Coy, compensation change, effective 11/15/2015
TREASURER: Debbie Roper, rehire, effective 11/02/2015
VOLUNTEER FIRE: Spencer Newman, effective 11/09/2015
VOLUNTEER FIRE: Jessica Richards, effective 11/17/2015
CLOSED SESSION
Strategy session to discuss pending or reasonably imminent litigation
MOTION: At 6:08 p.m. a motion was made by Commissioner Hadfield to move into a closed session to discuss pending or reasonably imminent litigation. The motion was seconded by Commissioner and unanimously carried.
MOTION: At 6:20 p.m. a motion was made by Commissioner Scott to reconvene into regular commission meeting. Commissioner Hadfield seconded the motion. The motion carried unanimously and regular commission meeting was reconvened.
ADJOURNMENT
A motion was made by Commissioner Hadfield to adjourn. Commissioner Scott seconded the motion, and the meeting adjourned at 6:20 p.m.
ADOPTED AND APPROVED in regular session this 16th day of December 2015.
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Stan Summers, Chairman
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Jeff Scott, Commissioner
_______________________________
Jeff Hadfield, Commissioner
ATTEST:
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Marla R. Young, Clerk