Commission Meeting 8 December 03, 2014
MINUTES
BOX ELDER COUNTY COMMISSION
DECEMBER 03, 2014
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 4:30 p.m. on December 03, 2014. The following members were present:
Ryan Tingey Chairman
Jeff Scott Commissioner
Stan Summers 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 4:45 p.m.
The regular session was called to order by Chairman Tingey at 5:00 p.m. with the following members present, constituting a quorum:
Ryan Tingey Chairman
Jeff Scott Commissioner
Stan Summers Commissioner
Marla Young County Clerk
The prayer was offered by Chairman Tingey.
The Pledge of Allegiance was led by Auditor Tom Kotter.
APPROVAL OF MINUTES
THE MINUTES OF THE REGULAR MEETING OF NOVEMBER 05, 2014 AND NOVEMBER 18, 2014 WERE APPROVED AS WRITTEN ON A MOTION BY COMMISSIONER SCOTT, SECONDED BY COMMISSIONER SUMMERS AND UNANIMOUSLY CARRIED.
AGENDA: ATTACHMENT NO. 1
PUBLIC COMMENT PERIOD
DeAnna Hardy of Brigham City read an article regarding the recent election in Davis County. She said there is no mention of how the secret ballot is being systematically destroyed. She stated there is room for intimidation and coercion in voting by mail and should not be mandated. The county should restore the polling locations to the citizens. The paper ballot is the least expensive and least prone to fraud. Ms. Hardy quoted Joseph Stalin.
PUBLIC HEARING/2015 OPERATING BUDGET - COMMISSIONERS
Chairman Tingey opened the public hearing at 5:20 p.m.
Auditor Tom Kotter gave a presentation of the highlights of the 2015 operating budget. He explained how property taxes are distributed. He stated the county budget for 2015 is $27,919,240.00, the RDA budget is $5,749,290.00 making the total budget $33,668,529.00.
Chairman Tingey asked for comments from those in attendance.
DeAnna Hardy of Brigham City stated she has been tracking the budget for several years. Every year the employees get raises. The county keeps spending more and more money. Government should not be involved in recreation. She stated the fairgrounds and the county fair keep losing money, yet they still put money into it. Ms. Hardy encouraged the commissioners to look again at the budget and put projects back to the free market.
MOTION: Commissioner Scott made a motion to close the public hearing. The motion was seconded by Commissioner Summers and the hearing was closed.
PUBLIC HEARING/AMENDING 2014 BUDGET - COMMISSIONERS
Chairman Tingey opened the public hearing at 5:20 p.m.
Auditor Tom Kotter stated the amendments to the 2014 budget are basically housekeeping items. They include two vehicles for the Assessor’s Office, the cost of the tax sale, and offsetting revenues.
Chairman Tingey asked for comments from those in attendance. There was no public comment.
MOTION: Commissioner Scott made a motion to close the public hearing. The motion was seconded by Commissioner Summers and the hearing was closed.
RESOLUTION #14-14/AMENDING THE 2014 BUDGET – TOM KOTTER
MOTION: Commissioner Scott made a motion to approve resolution #14-14, amending the 2014 budget. The motion was seconded by Commissioner Summers and unanimously carried.
(See Attachment No. 2 – Resolution.)
WILDLAND FIRE SUPRESSION BUDGET – BLAIN HAMP
This item was cancelled.
APPOINT TRUSTEES TO B.R.W.C.D. BOARD –VONEENE JORGENSEN
Bear River Water Conservancy Board General Manager Voneene Jorgensen stated board member terms are about to expire for Jay Carter and Neil Capener on the Bear River Water Conservancy Board. She commended them for their service. She said they are willing to continue serving. She asked the commission to reappoint them for four more years. Ms. Jorgensen stated Commissioner Scott’s term expires in December as well and asked the Commission to reappoint him or appoint someone to serve.
MOTION: Commissioner Scott made a motion to reappoint Jay Carter and Neil Capener to the Bear River Water Conservancy Board with terms expiring December 31, 2018. The motion was seconded by Commissioner Summers and unanimously carried..
MOTION: Commissioner Summers made a motion to reappoint Commissioner Scott to serve on the Bear River Water Conservancy Board with the term expiring December 31, 2018. The motion was seconded by Commissioner Scott and unanimously carried.
DARRINGTON RANCH/INTEREST REMOVAL – TENELLE DARRINGTON
Tenelle Darrington asked the commission to forgive the penalties and interest on four parcels. She stated they received the tax notice for one parcel and since all the parcels are contiguous, they thought it covered all the property. The mailings were being sent to their physical address, but where they live, mail is received through a post office box. She stated the taxes are paid, but there is still 545.00 owing for penalties and interest.
Chairman Tingey said it looked like a clerical error that caused them to receive only one tax notice.
Attorney Steve Hadfield advised the commission to research how the changes were made that sent the notices to the post office box this year.
Treasurer Shaun Thornley stated that many times people do not receive their tax notices and the penalties and interest have not been forgiven in the past.
MOTION: Commissioner Summers made a motion to forgive penalties and interest in the amount of $545.00 on the following parcels 08-016-0062, 07-015-0091, 07-015-0090, and 08-017-0107. The motion was seconded by Commissioner Scott and unanimously carried.
INDIGENT BURIAL – REBECCA DILG
Commission Secretary Rebecca Dilg stated there is a need for indigent burial expenses to be paid to Cache Valley Mortuary for a citizen who passed away that was indigent and without family.
MOTION: Commissioner Summers made a motion to approve the indigent burial expenses in the amount of $1500.00 to Cache Valley Mortuary. The motion was seconded by Commissioner Scott and unanimously carried.
PERMISSION FOR A GATE ALONG 1-84 FRONTAGE ROAD – BILL GILSON
Road Supervisor Bill Gilson said landowner Randy Moulding of Hansel Valley owns the property on both sides of the frontage road. He wants to utilize the land for livestock. The road does not go anywhere and he is requesting to be able to put in a gate parallel to the road. He will purchase the gate and install it; it will be an unlocked latched gate.
MOTION: Commissioner Summers made a motion to allow a gate to be installed at Exit 16 on the I-84 frontage road. The motion was seconded by Commissioner Scott and unanimously carried.
FAUST VALLEY ROAD – BILL GILSON
This item was cancelled.
RIVERSIDE CORNER INTERSECTION LIGHTING – BILL GILSON
Road Supervisor Bill Gilson stated he met with UDOT concerning the intersection at Riverside Corner. They are moving forward with the plan to install a red beacon on the large pole in the northwest section. Mr. Gilson recommended a light be installed on the southwest corner as well. It will incur an ongoing charge from Rocky Mountain Power. The potential safety is worth the cost.
MOTION: Commissioner Summers made a motion to authorize the additional lighting at Riverside Corner. The motion was seconded by Commissioner Scott and unanimously carried.
CLOSURE OF WILLARD PEAK GATE – BILL GILSON
Road Supervisor Bill Gilson said it is time to limit access past the Willard Peak Gate for the winter season for safety reasons.
MOTION: Commissioner Scott made a motion to close the Willard Peak upper gate effective December 4, 2014. The motion was seconded by Commissioner Summers and unanimously carried.
SECRIST SUBDIVISION – SCOTT LYONS
County Planner Scott Lyons said the Secrist Subdivision is located in the Harper Ward area at 4325 N. Highway 38. It is a one-lot subdivision. The plat has been through all necessary department reviews.
MOTION: Commissioner Scott made a motion to approve the Secrist Subdivision. The motion was seconded by Commissioner Summers and unanimously carried.
LEGRAND JOHNSON REZONE TO MG-EX – SCOTT LYONS
County Planner Scott Lyons stated LeGrand Johnson has petitioned to have his property rezoned from unzoned to MG-EX. He purchased the property that used to be a gravel pit.
MOTION: Commissioner Summers made a motion to approve Ordinance #393 to allow the rezone from unzoned to MG-EX. The motion was seconded by Commissioner Scott and unanimously carried.
(See Attachment No. 3 – Ordinance.)
FIRE TRUCK TO BLUE CREEK IRRIGATION COMPANY – COREY BARTON
Jenica Baggs explained the Blue Creek Irrigation Company has asked to purchase a 1970 brush truck for $100.00. Purchasing it allows them to maintain and insure it.
MOTION: Commissioner Summers made a motion to sell the fire/brush truck to Blue Creek Irrigation Company for the amount of $100.00. The motion was seconded by Commissioner Scott and unanimously carried.
PUBLIC DEFENDERS CONTRACT #14-32 – ATTORNEY HADFIELD
Attorney Stephen Hadfield stated the public defenders contract is extending the services for five years. The contract is the same as last year with the exception of an increase for the mental health court.
MOTION: Commissioner Scott made a motion to approve the Public Defenders Contract #14-32. The motion was seconded by Commissioner Summers and unanimously carried.
(See Attachment No. 4 – Contract.)
SPILLMAN TECHNOLOGIES CONTRACT # 14-33 – SHERIFF YEATES
Chief Deputy Sheriff Kevin Potter stated the Spillman Technologies contract is for the record management system at the Sheriff’s Office. He stated they had tried a different company, but it didn’t work out so they are going back with the Spillman program.
MOTION: Commissioner Summers made a motion to approve Contract #14-33. The motion was seconded by Commissioner Scott and unanimously carried.
(See Attachment No. 5 – Contract.)
APPOINT COMMISSIONER TO TAXING ENTITY COMMITTEE – MITCH ZUNDEL
Economic Development Director Mitch Zundel asked the commissioners to appoint two members of the commission to the Taxing Entity Committee.
MOTION: Commissioner Summers made a motion to approve Resolution #14-15 appointing Commissioner Scott and Mitch Zundel to serve on the Taxing Entity Committee with Commissioner Summers as an alternate. The motion was seconded by Commissioner Scott and unanimously carried.
(See Attachment No. 6 – Resolution.)
2014 REDEVELOPMENT AGENCY ANNUAL REPORT – MITCH ZUNDEL
Economic Development Director Mitch Zundel gave the annual report of the Redevelopment Agency. He stated the county has had a 5.2 percent growth rate.
ALLOCATION OF WATER SHARES TO THE BEAR RIVER CANAL COMPANY – TOM PETERSON
Chief Building Official Tom Peterson stated sixty-six water shares need to be released to the Bear River Canal Company lease pool to show beneficial use.
MOTION: Commissioner Summers made a motion to allocate sixty-six water shares to the Bear River Canal Company on an ongoing basis until there is a need by the county. The motion was seconded by Commissioner Scott and unanimously carried.
WARRANT REGISTER – COMMISSIONERS
The Warrant Register was signed and the following claims were approved for payment: Claims 94574 through 94639 in the amount of $429,633.61. Claims 94640 through 94671 in the amount of $42,616.13. Claim 94317 was voided.
PERSONNEL ACTIONS – COMMISSIONERS
ASSESSOR: DiAnna Peterson, compensation change, effective 11/29/2014
ROAD DEPT: Neil Marble, compensation change, effective 11/28/2014
SHERIFF’S DEPT: Ralph Bennett, compensation change, effective 09/21/2014
SHERIFF’S DEPT: Crystal Holmes, compensation change, effective 12/02/2014
SHERIFF’S DEPT: Russell Roberts, compensation change, effective 10/13/2014
SHERIFF’S DEPT: Cammie Price, compensation change, effective 11/10/2014
SHERIFF’S DEPT: Stacy Younger, new hire, effective 12/02/2014
SHERIFF’S DEPT: Joseph Franklin, compensation change, effective 12/16/2014
SHERIFF’S DEPT: Jason Tilby, compensation change, effective 10/08/2014
CLOSED SESSION
Strategy session to discuss pending or reasonably imminent litigation and the discussion of the character, professional competence, or physical or mental health of an individual;
MOTION: At 6:08 p.m. a motion was made by Commissioner Summers to move into a closed session to discuss pending or reasonably imminent litigation and the discussion of the character, professional competence, or physical or mental health of an individual. The motion was seconded by Commissioner Scott and unanimously carried.
MOTION: At 6:25 p.m. a motion was made by Commissioner Scott to reconvene into regular commission meeting. Commissioner Summers seconded the motion. The motion carried unanimously and regular commission meeting was reconvened.
Chairman Tingey explained pending or reasonably imminent litigation and personnel items were discussed in the closed session.
ADJOURNMENT
A motion was made by Commissioner Scott to adjourn. Commissioner Summers seconded the motion, and the meeting adjourned at 6:26 p.m.
ADOPTED AND APPROVED in regular session this 17th day of December 2014.
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Ryan Tingey, Chairman
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Stan Summers, Commissioner
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Jeff Scott, Commissioner
ATTEST:
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Marla R. Young, Clerk