MINUTES OF COMBINED COMMISSION WORKING & REGULAR SESSION MEETING HELD JUNE 13, 2016 BEGINNING AT 9:00 A.M. IN CONFERENCE
ROOM #1, IN DUCHESNE, UTAH
Present
Commission Chairman Ronald Winterton; Commissioner Greg Todd, Commissioner Ken Burdick, Attorney Stephen Foote, Deputy County Attorney Tyler Allred, Public Works Director Ben Henderson, Landfill Director Hal Giles, And Commission Assistant BobbiJo Casper taking minutes of the meeting.
Public Works & Landfill Department Update
Director Giles stated that Chet Hovey gave a report on the final cover; it will now go to DEQ. He spoke to Roy VanOs about the fence and how expensive it will be but he doesn’t want to put a financial burden on the county so he is okay for now with inmates picking up trash.
Director Henderson reported that the zipper is in Gate Canyon; it’s doing well, but it’s a slow process. It can do a quarter of a mile per day. They only have it through this week. The company will get us figures on how much it costs, so we can analyze it.
Director Henderson also reported that they will go back to Red Creek next week. Commissioner Todd stated that they need to do research and figure the costs to do this project so they can visit with Gardner Reid. Director Henderson stated that there are going to be substantial costs there.
Director Henderson also reported that the crack seal project is going very well so they should have enough material to finish Talmage.
Discussion & Consideration Of A Stage For The Event Center
Event Coordinator Kody Abbott joined the meeting at 9:20 A.M…
Coordinator Abbot presented the attached progress sheet and stated that he meets with people Tuesdays and Thursdays. He would like to sponsor a calendar; he will contact the Chamber of Commerce.
Centennial Event Center Update
Commissioner Burdick stated that he has spoken with Ken Pugh about having the inmates build a stage for $4,300. It costs $1,400 each event to rent one.
Entered recess at 9:29 A.M…
Re-Entered Combined Commission Meeting at 9:38 A.M…
Director Henderson stated that he has seen an aluminum stage that takes at least five guys to set up in an hour; he will get contact information. Commissioner Burdick stated that he will bring this up at the Fair Board Meeting.
Consideration Of An Additional Camera At The Event Center
IS Department Director Kent Ogletree joined the meeting at 9:43 A.M…
Director Ogletree stated that they can add one camera at the Event Center for $2,359 with HEI. Commissioner Burdick motioned to accept the bid from HEI for a camera and a man lift to install it at the Event Center. Commissioner Todd seconded the motion. All commissioners voted aye and the motion passed.
Consideration Of Purchasing A Vehicle
Commissioner Burdick stated that he received bids from L&L Motor and Murray Motor for new trucks and to trade in the 2010 Ford Escape. Murray Motor has offered to give more on the trade in plus has better prices for new trucks (see attached). Commissioner Burdick motioned to purchase two GMC Sierra ½ ton trucks from Murray Motor and trade in the Escape. Commissioner Todd seconded the motion. All commissioners voted aye and the motion passed.
Update & Discussion Of RS2477
Commissioner Todd stated that he attended a meeting last week on RS2477 and Lieutenant Governor Spencer Cox was there. They changed the age of people who can do the depositions down to 60 years of age. The Utah Supreme Court will make a decision soon on this to help proceed. We need to get the list of witnesses within six months.
Consideration Of Vouchers
Deputy Clerk Auditor Connie Sweat joined the meeting at 10:00 A.M… Commissioner Burdick excused himself at 10:10 A.M…
The commission reviewed voucher #135591 through 135650 dated June 13, 2016 in the amount of two hundred fifty six thousand thirty one dollars and fifty five cents ($256,031.55) as presented by the Clerk Auditor’s Office. Commissioner Todd motioned to approve the vouchers as presented by the Clerk Auditor’s Office. Chairman Winterton seconded the motion. Both commissioners voted aye and the motion passed.
Consideration Of A Business License Application For ECO Alternative Fuel Systems, Inc.
Commissioner Todd motioned to approve the business license as presented by the Clerk Auditor’s Office. Chairman Winterton seconded the motion. Both commissioners voted aye and the motion passed.
Consideration Of Volunteers For The 2016 Duchesne County Fair
HR Director Melissa Yergensen joined the meeting at 10:15 A.M… Commission Burdick re-joined the meeting at 10:16 A.M…
Commissioner Todd motioned to approve the list as presented. Commissioner Burdick seconded the motion. All commissioners voted aye and the motion passed.
Closed Meeting –
Commissioner Burdick moved to go into and out of closed session for the purpose of discussing personnel issues at 10:17 A.M. Commissioner Todd seconded the motion. All commissioners voted aye and the motion passed.
-Re-entered Combined Commission Meeting at 11:00 A.M…
Consideration To Take Action Discussed Under Closed Meeting
No action was necessary.
Consideration Of A Settlement Agreement
Attorney Allred stated that this is a onetime settlement that we are splitting 50/50 with the oil company. We agreed that Ms. JoAnn Armstrong could have the first $10,000 to cover her attorney fees. This situation is unique where it was stricken to the county at a tax sale because nobody bid on it. He feels that this is a good outcome. Commissioner Burdick motioned to enter into a settlement agreement with JoAnn Armstrong/Lazy A, LLC. Commissioner Todd seconded the motion. All commissioners voted aye and the motion passed.
Tax Adjustments – Assessor
Deputy Clerk Sweat re-joined the meeting at 11:07 A.M…
Commissioner Todd motioned to approve the tax adjustments as recommended by the Assessor’s Office. Commissioner Burdick seconded the motion. All commissioners voted aye and the motion passed.
Consideration Of Agreements With The Ute Indian Tribe For Mutual Assistance In Law Enforcement, Referring Tribal Members Charged With Misdemeanor Offenses To Tribal Court For Prosecution, And Disclaimer Of Civil/Regulatory Authority
Chairman Winterton stated that this is a renewal of agreements that was entered into in 1998 and expired in 2011. Attorney Allred stated that Attorney Foote has agreed to sign them because he has been in contact with Jaycie Skinner from the Governor’s Office who assured him that they wouldn’t forfeit victims’ rights in Tribal Court. Commissioner Todd stated that they have had conversations over the last year with State Officials and The Ute Indian Tribe. Commissioner Todd motioned to enter into agreements for Mutual Assistance in Law Enforcement, Referring Tribal Members Charged with Misdemeanor Offenses to Tribal Court for Prosecution, and Disclaimer of Civil/Regulatory Authority with the Ute Indian Tribe. Commissioner Burdick seconded the motion. All commissioners voted aye and the motion passed.
Consideration Of An Agreement With UDOT For Invasive & Noxious Weeds
Commissioner Todd motioned to approve the agreement with UDOT for weed control. Commissioner Burdick seconded the motion. All commissioners voted aye and the motion passed.
Consideration Of Resolution No. 16-05, A Resolution Adopting And Updating The Duchesne County Procurement Code
Deputy County Attorney Jared Tingey joined the meeting at 11:12 A.M… Treasurer Stephen Potter joined the meeting at 11:24 A.M…
Attorney Tingey stated that this is a follow-up from last week. There were concerns about the local preference. Commissioner Burdick stated that if they can implement a 10% local preference instated of the 5%, he feels that they would get more people in our county back to work. Also extend it out 35 miles from the county seat which is Duchesne City.
RESOLUTION NO. 16-05
A RESOLUTION ADOPTING AND UPDATING THE
DUCHESNE COUNTY PROCUREMENT CODE
WHEREAS, Utah Code Section 63G-6a-104(13), as amended, authorizes the County to be exempt from the State of Utah Procurement Code by adopting its own procurement code; and
WHEREAS, Duchesne County’s current procurement code needs to be revised to conform to current market and standard conditions.
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners for Duchesne County that the Duchesne County Procurement Code, as defined in Exhibit A, attached hereto and incorporated by reference is adopted.
DATED this 13th day of June, 2016
DUCHESNE COUNTY:
ATTEST:
______
JoAnn Evans Ronald Winterton
County Clerk/Auditor Chairman County Commissioners
______
Ken W. Burdick
Member
______
Greg Todd
Member
Commissioner Burdick motioned to adopt Resolution No. 16-05 with the definition of local and changed to 10%. Commissioner Todd seconded the motion. All commissioners voted aye and the motion passed.
Consideration Of Resolution No. 16-06, A Resolution Ratifying Previously Authorized Filing Of Cross-Appeal For Kinder Morgan Altamont, LLC
Attorney Tingey stated that Kinder Morgan appealed the centrally assessed tax. This is ratification for Kinder Morgan making us a party to the case. He filed an emergency cross appeal and now this is a ratification of that filing.
RESOLUTION NO. 16-06
A RESOLUTION RATIFYING THE FILING OF THE ANSWER AND CROSS-APPEAL FOR KINDER MORGAN ALTAMONT, LLC TAX APPEAL
WHEREAS, under Utah Code Section 59-2-1007(3), as amended, a majority of the County Legislative Body must approve the filing of an application for a hearing to a taxpayer’s objection to an assessment by the Utah State Tax Commission; and
WHEREAS, Duchesne County Attorney’s Office has already filed an emergency cross-appeal, but the Commission has not set a date for a hearing on the matter at this time; and
NOW THEREFORE, BE IT RESOLVED by a majority of the Duchesne County Commission that Duchesne County Commission ratifies the filing of the cross-appeal and any other documents that have been filed and will be filed in that particular tax appeal.
DATED this 13th day of June, 2016
DUCHESNE COUNTY:
ATTEST:
______
JoAnn Evans Ronald Winterton
County Clerk/Auditor Chairman County Commissioners
______
Ken W. Burdick
Member
______
Greg Todd
Member
Commissioner Burdick motioned to adopt Resolution No. 16-06. Commissioner Todd seconded the motion. All commissioners voted aye and the motion passed.
Consideration Of Resolution No. 16-07, A Resolution Authoring To File Cross-Appeal Or Intervene For The Following Cent4ally Assessed Entities And Any Other 2016 Taxpayer Appeals; AT&T Mobility, LLC; PacifiCorp, Inc.; Chevron Pipeline; Newfield Production Company; Linn Operating, LLC; Appaloosa Operating Company; Level 3 Communications
Assessor Greg Garff joined the meeting at 11:35 A.M…
RESOLUTION NO. 16-07
A RESOLUTION AUTHORIZING THE INTERVENTION, CROSS APPEAL, OR INDEPENDENT APPEAL IN CENTRALLY ASSESSED TAX APPEALS
WHEREAS, under Utah Code Section 59-2-1007(3), as amended, a majority of the County Legislative Body must approve the filing of an application for a hearing to a taxpayer’s objection to an assessment by the Utah State Tax Commission; and
WHEREAS, Duchesne County has determined that it is in the best interest of the County to become a party, in whatever form, to each centrally assessed tax appeal; and
WHEREAS, the following entities have appealed the assessment by the Utah State Tax Commission: AT&T Mobility, LLC; PacifiCorp, Inc.; Chevron Pipeline; Newfield Production Company; Linn Operating, LLC; Appaloosa Operating Company; Level 3 Communications, Kinder Morgan Altamont, LLC;
NOW THEREFORE, BE IT RESOLVED by a majority of the Duchesne County Commission authorizes the filing of an intervention, cross appeal, or independent appeal for the following companies: AT&T Mobility, LLC; PacifiCorp, Inc.; Chevron Pipeline; Newfield Production Company; Linn Operating, LLC; Appaloosa Operating Company; Level 3 Communications, Sprint Corporation; Kinder Morgan Altamont, LLC; and any other pending or future 2016 centrally assessed taxpayer appeals or assessments.
DATED this 13th day of June, 2016
DUCHESNE COUNTY:
ATTEST:
______
JoAnn Evans Ronald Winterton
County Clerk/Auditor Chairman County Commissioners
______
Ken W. Burdick
Member
______
Greg Todd
Member
Commissioner Todd motioned to adopt Resolution No. 16-07. Commissioner Burdick seconded the motion. All commissioners voted aye and the motion passed.
Consideration Of Minutes For Combined Commission Meeting Held May 23rd & June 6th, 2016
Commissioner Todd motioned to approve the minutes with the necessary corrections. Commissioner Burdick seconded the motion. All commissioners voted aye and the motion passed.
Commission Calendaring
Adjourn
Chairman Winterton adjourned the meeting at 12:51 P.M.
Read and approved this 20th day of June 2016.
Ronald Winterton / JoAnn EvansCommission Chairman / Clerk/Auditor
Minutes of meeting prepared by BobbiJo Casper______
Combined Commission Meeting June 13, 2016
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