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MINUTES
BOX
ELDER COUNTY COMMISSION
MAY 24, 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 MAY 24, 2005. The following members were present:
Scott Hansen Chairman
Clark N. Davis Commissioner
Suzanne R. Rees Commissioner
LuAnn Adams Recorder/Clerk/Surveyor
The following items were discussed:
1.
Class B Road Refund –
Roger Handy/Chairman Hansen
2.
Park Valley Fire Insurance
Reconciliation – John Collom, Lynn Yeates, Andre’ Pommier, Donnie Tarver
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
LuAnn Adams Recorder/Clerk/Surveyor
The prayer was offered by Chairman Hansen.
APPROVAL OF MINUTES
THE MINUTES OF THE REGULAR MEETING OF MAY 17, 2005
WERE APPROVED ON A MOTION AS WRITTEN BY COMMISSIONER
DAVIS, SECONDED BY COMMISSIONER HANSEN AND
UNANIMOUSLY CARRIED.
AGENDA: ATTACHMENT NO. 1
FOLLOW-UP BUSINESS
Tax Deferral – Edward Barnes
County Assessor/Treasurer
Monte Munns explained the amount owing on Edward Barnes Business Property is
$5,218.40. The property tax sale is
scheduled for Thursday.
MOTION: A motion was made by Commissioner
Rees to work with Edward Barnes and show leniency and give him 90 days
to pay the balance.
AMENDED MOTION: An amended motion was made by Commissioner Davis to receive a check for
$1,000 to be cashed today and another check for $4,218.40 to be cashed in 30
days and give Mr. Barnes the 30 days to secure a reverse mortgage and if it is
not secured, then we exercise our right to recover the funds because we are
requiring him to sign a personal guarantee on $4,218.40. The motion was seconded by Commissioner Rees and unanimously carried.
County Auditor Roger Handy
said if an extension is granted he doesn’t think anything can be done in terms
of either acquiring or disposing of the property until the tax sale next year.
LOAN OPTION FOR STATE RETIREMENT – PEGGY MADSEN
Peggy Madsen introduced
Klisty Wilson as chair of the Employee Committee. Ms. Madsen said we had a request to allow employees to
participate in the loan provision with the state retirement. At the last meeting
with the Commission, the Commissioners referred this item to the Employee Committee
to get their input on this program.
Klisty gave a report on how
the committee feels. She said the
committee had a lot of discussion on the plan, and there were a lot of
different opinions. A lot of people felt
we should be able to withdraw from the 401K.
Everyone felt we should be able to withdraw from the 457 plan. The proposal is to request that employees
can withdraw from the 457 plan which is the employee’s own money and none of
the County’s money.
Peggy said the transaction has
a $60.00 processing fee and requires a phone call to the state to get the
papers. The papers have to be notarized
and the loan paid back after taxes at prime rate plus 1%.
MOTION: A motion was made by Commissioner
Davis that the Commission received the report, and they will take the
report under advisement and discuss as a Commission. The motion was seconded by Commissioner
Rees and unanimously carried.
Peggy discussed the Roth IRA
program. She said the employee’s
summer party is scheduled for July 29 at Mantua Canyon.
STATEMENT OF SUPPORT FOR THE GUARD & RESERVE –
PEGGY MADSEN
Personnel
Director Peggy Madsen presented a statement of support for the guard and
reserve, recognizing the National Guard and Reserve as essential to the
strength of our nation and the well-being of our communities. Ms. Madsen said the County also needs to
review its policies on the military.
MOTION: A motion was made by Commissioner Rees to support the statement of support for the
Guard and Reserve. The motion was
seconded by Commissioner Davis and
unanimously carried.
(See Attachment No. 02 – Statement of Support.)
OUT-OF-STATE TRAVEL – LYNN YEATES
Chief Deputy
Lynn Yeates asked permission for Scott Cosgrove to attend a Rocky Mountain
Intelligence Network Homicide Conference in Tucson, AZ June 21-23. The only expense to the County will be meals
and car rental.
MOTION: A motion was made by Commissioner Davis to grant permission for Scott Cosgrove to
attend the Rocky Mountain Intelligence Network Homicide Conference in Tucson,
AZ June 21-23. The motion was seconded
by Commissioner Rees and unanimously
carried.
BEAR RIVER MENTAL HEALTH FINANCIAL AUDIT – ROB JOHNSON
Rob Johnson, Director of
Financial Services, stated that as part of Utah Law, the Bear River Mental
Health must present their audit. The
Commissioners must review the audit and sign off. The Commissioners then reviewed the audit.
MOTION: A motion was made by Commissioner
Davis to accept the financial audit for 2004 for the Bear River Mental
Health. The motion was seconded by Commissioner Rees and unanimously carried.
MENTAL HEALTH SERVICES AREA PLAN – ROB JOHNSON
Rob Johnson, Director of Financial Services,
reviewed and summarized the mental health services area plan.
MOTION: A motion was made by Commissioner Rees to accept the District One Local Mental
Health Authority as our local mental health services area plan for year
2005-2006. The motion was seconded by Commissioner Davis and unanimously carried.
BEAR RIVER MENTAL HEALTH CONTRACT – COMMISSIONERS
MOTION: A motion was made by Commissioner
Davis to table this item for one week until County Attorney Amy Hugie
receives input from Attorneys George Daines and Scott Wyatt. The motion was seconded by Commissioner Rees and unanimously carried.
APPOINTMENT TO CONSOLIDATED DISPATCH CENTER ADVISORY
COMMITTEE – CHAIRMAN HANSEN
Chairman Rees said Joe
Curfew has resigned from the Consolidated Dispatch Center Advisory Committee
representing Willard City and recommended Jay Westergard replace him on the
committee.
MOTION: A motion was made by Commissioner
Davis to appoint Jay Westergard to the Consolidated Dispatch Center
Advisory Committee to replace Joe Curfew.
The motion was seconded by Commissioner
Rees and unanimously carried.
RESOLUTION OF EASEMENT ISSUES – AMY HUGIE
County Attorney Amy Hugie read Resolution No. 05-09.
(See Attachment No. 2 – Resolution No. 05-09.)
Ms. Hugie said of the four business owners who have an
easement that runs across our parking lot, three of the four have resolved their
easement issues and have granted the County their easement in exchange for
another easement coming off of the south entrance of the parking lot off of 100
East. She said they are still in
the process of getting the legal document drawn up for the County to grant them
that easement. She said they are
working on the legal description of the easement and making sure they have it
right. The chair will need to sign off. Ms. Hugie said another thing that will need
to be signed is a maintenance easement with business owner Dale Dorius that
will extend four feet off from his building so that he will be able to maintain
the wall to keep it painted. The chair will need to sign the deed for the new
parcel. It will have the legal description
of the piece of property that the new justice court building will sit on. The deed has to be submitted to Brigham City
and then recorded. Another thing is a
quit-claim deed. The County owns about
three feet into Dale Dorius’ building and part of the negotiation is that we
grant him his three feet of building.
The County will also need to start the eminent domain process. Ms. Hugie said the County has not been able
to reach negotiation with Richard VanDyke.
They met with him and Attorney Jon Bunderson last Thursday. They were hopeful they could work something
out. As of right now we are not able to
work something out, so we need to start the eminent domain proceeding. We will
need to start doing that immediately.
Donnie Tarver, Project Manger, said one of the issues
is the schedule with Layton Construction.
He said in order to keep on schedule we will need to get the power
transferred, transfer telephone lines, put a security fence up to take some of
the trees out and start some of the underground utilities, which includes
replacing the old water lines that come
into the courthouse. He said another
issue that showed up with Brigham City
late Friday, is they scoped the sewer lines and we will need to replace
everything from our point of discharge which entails old sewer lines into the
existing courthouse. Mr. Tarver said
the County built a timeline to continue on with construction previous to
getting Layton Construction here. Mr.
Tarver asked what would happen if we cannot proceed. Mr. Tarver said an issue that has recently come to the forefront
is the signatures against the bond resolution.
He wondered if we shouldn’t move things back one month for the challenge
period which is June 17. He said we
need to address the fact that if they are going to have enough signatures, how far
can we go in moving forward and if we have to reverse the decision, how are we
going to pay for all the things that he is going to proceed on? He has heard they already have 4,000-5,000
signatures.
Amy Hugie has also heard the rumor, but she does not
think it is true partly because of how she has heard some of the signatures
have been gathered and there have been several rumors out there that are untrue
like they are going to tear down this building, all the businesses downtown are
united and that is not true at all. The
County has received e-mails stating that they do not know why they have been
shown to be supportive of blocking the building because they fully support the
building going there. Another rumor is that we are tearing down other buildings
downtown to build the justice court.
Commissioner Davis said the matter before the
Commission is the consideration of the resolution. The discussion is to resolve the easement issues and to move
ahead with the paperwork process. He
said it may save time on the other end.
He has talked to Blake Wade, Bond Counsel, and asked if any petition
drives had ever been successful. He
said in the past 30 some years’ experience with these, it has only happened on
one localized issue that they had sufficient petition signatures to bring it to
the ballot but the election passed anyway.
He feels we should proceed with this.
If we proceed with the timetable that was adopted, we would sell the
bonds on June 7. That is 10 days prior
to the 30-days running on the petition drive, even though it is an issue that
can be undone. He said we cannot
respond to public clamor. We should
move forward.
MOTION: A motion was made by Commissioner Davis to adopt Resolution No. 05-09, a resolution
authorizing the resolution of those easements that are related to the new
justice court building. The motion was
seconded by Chairman Hansen, and the
motion carried 2-1 with Commissioner Rees
voting nay.
Commissioner Rees is wondering how we will fund
eminent domain. She feels we are not
sending the right message to the public when we had a parameters resolution
that said we have until June 17 for the public to respond. We are just ignoring them. She feels we should make consideration to
the June 17 date. She talked to Jon
Bronson, Zion’s Bank, and Jon told her he has concerns if we go ahead and keep
spending money and moving forward. She
said if the petitioners get enough signatures we could have problems. She was put on the hot seat a while ago by
being told that one Commissioner voting nay would affect the bond rate. She said this is not true. The information was incorrect.
WARRANT REGISTER – COMMISSIONERS
The warrant register was
signed, and the following claims were approved for payment: Claims number 37565 thru 37595 in the amount
of $411,726.54. Claims number 37596 –
37690 in the amount of $100,701.02.
ASSIGNMENT REVIEW - COMMISSIONERS
The
Commissioners reviewed assignments.
ADJOURNMENT
A motion was made by Commissioner
Rees to adjourn. Commissioner Hansen seconded the motion, and
the meeting adjourned at 10:28 a.m.
ADOPTED AND APPROVED in regular session this 31st day of May 2005.
_______________________________
Scott Hansen, Chairman
_______________________________
Clark N. Davis, Commissioner
_______________________________
Suzanne R. Rees, Commissioner
ATTEST:
_________________________________
LuAnn Adams, Recorder/Clerk/Surveyor