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                                             MINUTES

                        BOX ELDER COUNTY COMMISSION

                             NOVEMBER 16, 2004

                                                                             

 

 

 

The Board of County Commissioners of Box Elder County, Utah met in a work session at the County Courthouse, 01 South Main Street in Brigham City, Utah at 8:00 a.m. on NOVEMBER 16, 2004.  The following members were present:

 

Clark N. Davis                             Commissioner

Scott Hansen                                Commissioner

LuAnn Adams                             Recorder/Clerk

 

EXCUSED:                   Suzanne R. Rees                           Chairman

 

The following items were discussed:

 

1.      Fuel Tanks – Carol Duncan

2.      Staff Reports

3.      Assignment Review – Commissioners

4.      Correspondence

 

The work session adjourned at 8:59 a.m.

 

The regular session was called to order by Commissioner Davis at 9:00 a.m. with the following members present, constituting a quorum:

 

 

Clark N. Davis                             Commissioner

Scott Hansen                                Commissioner                

LuAnn Adams                             Recorder/Clerk

 

EXCUSED:                   Suzanne R. Rees                           Chairman

 

Commissioner Hansen offered the prayer.

 

APPROVAL OF MINUTES

 

THE MINUTES OF THE REGULAR MEETING OF NOVEMBER 09, 2004 WERE APPROVED ON A MOTION AS WRITTEN BY COMMISSIONER DAVIS, SECONDED BY COMMISSIONER HANSENAND UNANIMOUSLY CARRIED.

 

AGENDA: ATTACHMENT NO. 1

 

FOLLOW-UP BUSINESS

 

Commissioners Rees was excused from the meeting.  Commissioner Davis said she is out-of-state.

 

PERSONNEL POLICIES UPDATE – PEGGY MADSEN

 

Personnel Director Peggy Madsen presented personnel policies and procedures.  She reviewed the changes with the Commissioners.

 

MOTION:  A motion was made by Commissioner Davis to adopt the Personnel Policies and Procedures Sections 1 through 2.6 as reviewed and discussed 11/16/2004 and as amended in Paragraph 2.4, which will supercede employee benefits as outlined in VIII dated 2/9/93.  The motion was seconded by Commissioner Hansen and unanimously carried.

 

(See Attachment No. 2 – Personnel Policies and Procedures – Sections 1 through 2.6.)

 

AWARD PUBLIC DEFENDER CONTRACT FOR 2005 – AMY HUGIE

 

County Attorney Amy Hugie said the County received four bids for the public defender:

 

Richards, Caine & Allen

$120,000

Retallick & Associates

$122,000

Rich Gallegos

$135,000

Jacob Linares & Jonathan Grover

$225,000

 

Commissioner Davis said last year the existing providers contracted for $80,000.  The existing providers submitted a bid this year that was much higher.  Because of the large increase, the Commissioners felt uncomfortable automatically awarding it to them, so the County went out for competitive proposals.  Commissioner Davis said the current providers’ request was not unreasonable but acting for the benefit of the public, they went out for bid.

 

Attorney Hugie said the biggest reason for the increase is the huge increase in court filings.  In 2002, 196 cases were filed in the district court.  In 2003 there was a 78% percent increase of filings.  It went to 349.  This past year there have been 305 cases filed as of October 19 and Attorney Hugie said her office is about ready to file another 93.  She said there has been an incredible increase.  The contract had to go up to cover costs, conflicts, appellant work, juvenile court and abuse and neglect work.

 

Attorney Hugie said a change in administration from a part-time office to a full-time office, an increase in crime and drugs, finding meth labs and importing stuff from Ogden have caused the increase in cases.  Ms. Hugie said the police are doing an amazing job. She feels they are working together a lot more efficient, and they are prosecuting 80-85%.  Ms. Hugie said the public defenders are covering three different courts and sometimes have to go to Tremonton and Garland.  Sometimes they have four different attorneys at the same time.

 

MOTION:  A motion was made by Commissioner Davis to approve the low bid to Richards, Caine & Allen out of Ogden in the amount of $120,000 for 2005.  The motion was seconded by Commissioner Hansen and unanimously carried.

 

FOREST SERVICE LAW ENFORCEMENT AGREEMENT – SHERIFF JENSEN

 

Sheriff Jensen presented the yearly law enforcement agreement renewal with the United States Forest Service.  It covers law enforcement services on the Wasatch-Cache National Forest within Box Elder County with emphasis on Box Elder Canyon, Willard Basin/Dock Flat area and Wasatch Front area between Deweyville and Willard and also the Sawtooth National Forest within Box Elder County with emphasis on Clear Creek and One Mile Camping and Recreation Areas in the Raft River Division of the Forest.  Sheriff Jensen said he has a good working relationship with the Forest Service and recommends that this agreement be approved.  He said County Attorney Hugie has approved the agreement.

 

MOTION:  A motion was made by Commissioner Davis to approve Exhibit A for the fiscal year 2005 Financial and Operating Plan between Box Elder County Sheriff’s Office and Wasatch-Cache National Forest and the United States Department of Agriculture, effective October 1, 2004-September 30, 2005 in the amount of $4,500.00.  The motion was seconded by Commissioner Hansen and unanimously carried.

 

PRESENTATION OF COUNTY COMMISSION OPERATING BUDGET FOR 2005 – COMMISSIONERS

 

Commissioner Davis presented the Box Elder County Operating Budget for calendar year 2005.  Commissioner Davis said they tried to incorporate a 3% cost-of-living for the employees and attempted to not approve any undesignated funds and the balanced budget does not have a property tax increase.

 

Commissioner Hansen said not everything included in the budget is cast in iron.  He said the only flexibility we have is property tax that is approximately $3M, and we get to fund state mandates.

 

Commissioner Davis said when you prepare a budget you prepare an estimate of revenues and expenditures, and if the revenues do not materialize, the Commissioners try to control the expenditures so they do not exceed the revenues.  He said the County was $200,000 short on PILT payments this year.  He said the County Auditor would be tracking the revenues and expenditures.

 

Commissioner Davis complimented Roger Handy.  He said we have grown a lot in terms of the budget process.  We have developed a five-year capitol improvement program.  Personnel Director Peggy Madsen has tracked the personnel, and we are much better prepared to present a balanced budget because of Roger and Peggy’s efforts.

 

SET PUBLIC HEARING FOR 2005 BUDGET:  DECEMBER 07, 2004 – COMMISSIONERS

 

MOTION:  A motion was made by Commissioner Davis to set the public hearing for the 2005 Operating Budget for December 7, 2004 at 10:00 a.m.  The motion was seconded by Commissioner Hansen and unanimously carried.

 

“IRIS MEDICAL” COLLECTION AGREEMENT AND DISCUSSION OF FIRE BILL – ROGER HANDY

 

This item was tabled.

 

WARRANT REGISTER – COMMISSIOENRS

 

The warrant register was signed, and the following claims were approved for payment:  Claims number 34427 thru 34438 in the amount of  $3,115.00. Claims number 34439 thru 34560 in the amount of $11,759.00. Claims number 34561 thru 34648 in the amount of $250,623.74.  Claims number 34153 was voided.

 

PERSONNEL ACTIONS – COMMISSIONERS

 

SHERIFF DEPT:                  Nathan Stowell, compensation change, effective 11/12/2004

                                               Marvin Miller, compensation change, effective 11/08/2004

ASSESSOR/TREAS:             Stacie Nelson, rehire, effective 11/01/2004

AUDITOR:                           Mary Roper, compensation change, effective 11/16/2004

RECORDER/CLERK:          Dawn Layton, compensation change, effective 11/05/2004

PERSONNEL:                      Carol Duncan, compensation change, effective11/10/2004

ROAD DEPT:                       Reggie Teeter, retirement, effective 11/12/2004

 

ASSIGNMENT REVIEW - COMMISSIONERS

 

The Commissioners reviewed assignments.

 

OTHER BUSIENSS

 

Out-of-State Travel – Sheriff Jensen

 

MOTION:  A motion was made by Commissioner Davis to allow Greg Martz to travel to Reno, Nevada November 18-19 to pick up water tanks.  The motion was seconded by Commissioner Hansen and unanimously carried.

 

 

 

 

 

ADJOURNMENT

 

A motion was made by Commissioner Davis to adjourn.  Commissioner Hansen seconded the motion, and the meeting adjourned at 9:54 a.m.

 

ADOPTED AND APPROVED in regular session this 30th day of November 2004.

 

 

 

_______________________________

Clark N. Davis, Commissioner

 

 

 

_______________________________

Scott Hansen, Commissioner

ATTEST:

 

 

 

__________________________

LuAnn Adams, Recorder/Clerk