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                                                      MINUTES

                                BOX ELDER COUNTY COMMISSION

                                         MARCH 29, 2005

                                                                             

 

 

 

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 MARCH 29, 2005.  The following members were present:

 

Scott Hansen                                Chairman

Clark N. Davis                             Commissioner

Suzanne R. Rees                           Commissioner

Diane Fuhriman                          Deputy Recorder/Clerk/Surveyor

 

EXCUSED:                   LuAnn Adams                             Recorder/Clerk/Surveyor

 

The following items were discussed:

 

1.      New Sound Equipment – Keith Keller

2.      Planning Review – Layton Construction

3.      Assignment Review – Commissioners

4.      Staff Reports

5.      Correspondence

 

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

 

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

 

                                       Scott Hansen                                Chairman

Clark N. Davis                             Commissioner

Suzanne R. Rees                           Commissioner                

Diane Fuhriman                          Deputy Recorder/Clerk/Surveyor

 

EXCUSED:                   LuAnn Adams                             Recorder/Clerk/Surveyor

 

The prayer was offered by Commissioner Davis.

 

 

 

 

APPROVAL OF MINUTES

 

THE MINUTES OF THE REGULAR MEETING OF MARCH 22, 2005 WERE APPROVED WITH THE FOLLOWING CHANGES ON A MOTION AS WRITTEN BY COMMISSIONER REES, SECONDED BY COMMISSIONER DAVIS AND UNANIMOUSLY CARRIED. IN THE APPROVAL OF MARCH 8, 2005 MINUTES THE MOTION CARRIED 2 TO 0 NOT 2 TO 1; PAGE 6: THE WORD CATSCALE WAS SPELLED CORRECTLY AS CATSKILL.

 

AGENDA: ATTACHMENT NO. 1

 

FOLLOW-UP BUSINESS

 

Sympathy Card for the Payne Family – Commissioner Rees

 

Commissioner Rees asked that a sympathy card be signed from the Commissioners to the family of Rocky Payne, the soldier killed in Iraq.  She said that it was a very touching funeral.

 

Letter of Agreement – Chairman Hansen

 

Chairman Hansen explained that last summer when Cache Valley was going after access roads, Box Elder County met with them regarding the road going from the top of Rocky Dugway over to Four-Mile.  At that time Cache Valley, the Forest Service, and Box Elder County all agreed to not pursue it as a road.  Chairman Hansen stated the Selmans have asked for a letter of agreement stating that, so 20 years subsequent to now it won’t come up as another issue.  He then asked for permission to sign the letter of agreement. 

 

Commissioner Davis does not want any letter signed that does not represent the position of the Commission. He feels that it is not an accurate representation. 

 

Chairman Hansen explained that through the Forest Service, Box Elder County has no jurisdiction. From that point on the road is in Cache Valley, so it is not a road in our County. Garth Day stated the problem is that it is listed as a Class D road, and if they want to take it off the list, they have to go thru the vacation process. Chairman Hansen disagreed and stated the road has been closed to motorized traffic by the Forest Service for years, but under statute of the Forest Service, 100 years back, their roads are treated differently than anybody else’s.   If any road is generated inside Forest Service land, they have to give the authorization for it.  The Forest Service has never been asked to make that a road by the County, so what the County did, had nothing to do with the Forest Service, so it doesn’t count; it is not a road. County Attorney Amy Hugie interjected that the road has been there for over 100 years.  Chairman Hansen re-iterated that the Forest Service has never authorized it; it is by statute.

 

Commissioner Davis stated he feels this is not an appropriate item to discuss in follow up business because this has not been discussed in a previous meeting.

 

NEW COURT BUILDING – LES TAYLOR

 

Les Taylor brought before the Commission a list of Courthouse Operating Costs that he had prepared himself.  (See Attachment No. 02 – Court House Operating Costs.)  Mr. Taylor thinks it would be more cost effective to build on land located by the Box Elder County jail.  He feels there are a lot of unanswered questions that need to be addressed before moving forward on this project.

 

Commissioner Rees thanked Mr. Taylor for the work he has put into presenting this to the Commission.  The Commissioners noted his concerns as a citizen, and that they are seeking answers themselves.

 

EXEMPT PROPERTIES – LINDA WESTLEY

 

Linda Westley, Chief Deputy Auditor, presented the Commissioners with a list of the exempt properties.  (See Attachment No. 02B – Exempt Properties.)

 

MOTION:  A motion was made by Commissioner Rees to authorize signature of the list of exempt properties. The motion was seconded by Commissioner Davis and unanimously carried.

 

AMBULANCE HARDSHIP POLICY – LYNN YEATES

 

Lynn Yeates, Chief Deputy, presented the Commissioners with Resolution 05-05 for Ambulance Service Policies and Procedures. He said this stems from an incident last year when a lady who broke her leg out west and had to be brought to Brigham City for treatment and the bill was extensive. Deputy Yeates stated he, Denton Beecher, Amy Hugie, and Roger Handy have reviewed the resolution and agree that it fits the needs of the County.

 

Commissioner Davis questioned some of the verbiage in the resolution and what problems may occur by setting certain parameters. Commissioner Rees noted in the past the County has used what she refers to as the “common sense” policy in evaluating hardship cases, and feels that has worked very well. She stated that Roger Handy has done a good job in the past in evaluating each case on an individual basis.  Chairman Hansen feels that with this resolution, it is a way to treat everyone fairly.

 

Commissioner Davis had some suggestions for the resolution that the Commission agreed on.

 

 MOTION:  Commissioner Rees made a motion to bring this item back next week with the changes suggested by Commissioner Davis. The motion was seconded by Commissioner Davis and unanimously carried.

 

 

 

 

 

 

DELINQUENT PROPERTY TAX DEFERRALS – MONTE MUNNS

 

Monte Munns, County Assessor/Treasurer, and Roger Handy, County Auditor, presented the Commission with Resolution 05-06 for Delinquent Property Tax Deferrals.

 

(See Attachment No. 03 – Resolution 05-06.)

 

Commissioner Davis likes the policy, but would like the process explained.  Roger Handy explained that he would like to advise the property owners already on the delinquency list with a letter informing them what the County has in mind as far as implementing this policy. He would like to see the County Attorney’s Office prepare an agreement that documents the tax lien.  Monte Munns said as he visited with some of the other counties, he has found out that other counties do not grant deferrals. He is unsure of how the lien will be recorded or how the interest will be calculated.

 

Commissioner Davis stated that even if the County does not grant any deferrals, this resolution strengthens the County’s position.  The Commission agrees this resolution is a step in the right direction.

 

MOTION: A motion was made by Commissioner Rees to accept Resolution 05-06 on the Delinquent Property Tax Deferrals. The motion was seconded by Commissioner Davis and unanimously carried.

 

FLEET MANAGEMENT – PEGGY MADSEN

 

Personnel Director Peggy Madsen requested Carol Duncan be given the authority as Fleet Coordinator. Carol is currently performing the duties associated with that position.

 

MOTION:  Commissioner Davis made a motion that Carol Duncan be made Fleet Coordinator and the duties outlined in the attached memo are the duties of that office. The motion was seconded by Commissioner Rees and unanimously carried.

 

(See Attachment No. 04 – Memo.)

 

BEER LICENSE RENEWAL – DIANE FUHRIMAN

 

MOTION: A motion was made by Commissioner Rees to renew the Class C Beer License for the Gone Country Store in Grouse Creek. The motion was seconded by Commissioner Davis and unanimously carried.

 

 

 

 

 

 

 

REPORT ON LANDFILL STUDY – ZION’S BANK PUBLIC FINANCE

 

Jon Bronson, Zions Bank, introduced his colleague Christine Parker who has researched the landfill project.  She has built a model that will accommodate the calculation of the proper tipping fee under various scenarios. Ms. Parker presented the Commissioners with a list of assumptions that she has been using in her model. She addressed each item on the study with the Commissioners.

 

(See Attachment No. 05 – Landfill Study.)

 

Ms. Parker asked if the County would consider giving a volume discount. Commissioner Davis stated we are currently a “non-profit landfill” that is restricted in the amount of money that can be transferred to the general fund.  If we bring in outside waste, there is consideration that we would move to a for-profit landfill. Under a for-profit landfill we would have additional costs from the state. He said in expanding our annual utilization by bringing in additional waste from other counties, it would be our expectation that the incentive for doing that would be so we could transfer money into the general fund. 

 

Commissioner Rees is concerned with the limits that may be imposed by the legislature. She said that House Bill 246 is a revision of one that came last year.  Commissioner Rees feels action needs to be taken quickly or the County is going to be paying extra fees even for what we are doing now.

 

Commissioner Hansen brought up the point of roads. He stated an asphalt road typically lasts twenty years. There is about 12 miles of road to and within the landfill that are basically light duty roads.  Each truck that rolls over that will incur forty times as much wear as will an automobile, so when truck traffic increases, the roads are going to deteriorate more rapidly.  Commissioner Hansen thinks the landfill ought to be funding the roads because it is the landfill that is wearing that portion of the roads out.  Gina Allen, Director of Solid Waste, stated when she figured the estimate for Weber County, she included that consideration for 6 miles of road.

 

Commissioner Davis stated the financial model Zions Bank is preparing will be important to this issue, and advised Mr. Bronson and Ms. Packer to work closely with Gina Allen. Commissioner Davis wants them to understand the background.  The County does not want to operate the landfill just at a “break even”. He said the County wants to supplement general fund services and if there is any incentive for us to take on additional waste, other than for the citizens of Box Elder County, that would be the incentive. Commissioner Davis stated another incentive is that Ms. Allen can operate the landfill more efficiently with a higher volume of waste. He said we are hoping that Zion’s Bank can give us additional feedback as financial advisors, beyond the financial model.

 

 

 

 

 

CREDIT CARD APPROVAL/CHIEF BUILDING OFFICIAL/PHYSICAL FACILITIES DEPARTMENT HEAD – ROGER HANDY

 

County Auditor Roger Handy made a request for Chief Building Official/Physical Facilities Department Head, Donnie Tarver, to be authorized for a credit card.

 

MOTION: A motion was made by Commissioner Davis to authorize a credit card for Donnie Tarver, Chief Building Official/Physical Facilities Department Head.  The motion was seconded by Commissioner Rees and unanimously carried.

 

WARRANT REGISTER – COMMISSIONERS

 

The warrant register was signed, and the following claims were approved for payment:  Claims number 36617 thru 36650 in the amount of $410,592.94.  Claims number 36651 thru 36772 in the amount of $97,434.41.

 

PERSONNEL ACTIONS – COMMISSIONERS

 

BLDG INSPCT/BLDG GROUNDS:  Donnie Tarver, compensation change, effective 03/23/2005

FAIRGROUNDS:                                Gerald Richins, compensation change, effective 03/23/2005

ASSIGNMENT REVIEW - COMMISSIONERS

 

The Commissioners reviewed assignments.

 

RECESS

 

The Commissioners took a recess at 11:25 a.m. and reconvened at 11:30 a.m.

 

EXECUTIVE SESSION

 

1.      Strategy session to discuss the purchase, exchange, or lease of real property when public discussion of the transaction would disclose the appraisal or estimated value of the property under consideration or prevent the public body from completing the transaction on the best possible terms.

 

MOTION:  At  11:30 a.m. a motion was made by Commissioner Rees to move into an executive session to discuss the purchase, exchange, or lease of real property.  The motion was seconded by Commissioner Davis and the motion was unanimously carried.

 

MOTION:  At 11:55 a.m. a motion was made by Commissioner Rees to reconvene into regular commission meeting.  Commissioner Davis seconded the motion, and regular commission meeting was reconvened.

 

Chairman Hansen explained that there was a discussion on the purchase, exchange, or lease of real property because public discussion of the transaction would disclose the appraisal or estimated value of the property under consideration or prevent the public body from completing the transaction on the best possible terms.

 

ADJOURNMENT

 

A motion was made by Commissioner Rees to adjourn.  Commissioner Davis seconded the motion, and the meeting adjourned at 11:56 a.m.

 

ADOPTED AND APPROVED in regular session this 5th day of April 2005.

 

 

 

 

_______________________________

Scott Hansen, Chairman

 

 

 

 

_______________________________

Clark N. Davis, Commissioner

 

 

 

 

_______________________________

Suzanne R. Rees, Commissioner

 

 

ATTEST:

 

 

 

_________________________________

LuAnn Adams, Recorder/Clerk/Surveyor