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MINUTES

BOX ELDER COUNTY COMMISSION

SEPTEMBER 13, 2005


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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 SEPTEMBER 13, 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. Cloud Seeding – Commissioners

  2. Recommendation for Security Consultant – Safety Committee

  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 Commissioner Rees.


APPROVAL OF MINUTES


THE MINUTES OF THE REGULAR MEETING OF SEPTEMBER 13, 2005 WERE APPROVED AS WRITTEN ON A MOTION BY COMMISSIONER DAVIS, SECONDED BY COMMISSIONER REES AND UNANIMOUSLY CARRIED.



AGENDA: ATTACHMENT NO. 1


FOLLOW-UP BUSINESS


Memorandum Of Understanding – Gina Allen/Garth Day


County Planner Garth Day presented a Memorandum of Understanding which included five local jurisdictions with respect to a regional landfill.


Nathan Rich, Wasatch Integrated Waste Management District, said his district represents Davis and Morgan Counties and they are looking at replacing their current facility. With the growth in Davis County, the likelihood of locating another site for a landfill in Davis County is almost zero. They are looking at Tooele County and Box Elder County. Weber County is in the same position. He said the concept is to go to a county that is part of the process. Mr. Rich said as part of the process, Box Elder County has potential to gain. He said in the process they would be funding a study to look at what the potential sites are and how to move forward in the future. Each of the entities will put up $20,000 to do the study. Each of the entities will sit on a board and each will have equal vote on the operation of the facility. He said there have been several landfills that have been built in Tooele County, and they will provide some good competitive pricing. It may be that they contract with one of those facilities. The participating counties are as follows: Weber, Cache, Davis, Morgan and Box Elder Counties.


MOTION: A motion was made by Commissioner Rees to sign the Memorandum of Understanding with the interested counties and the county will be participating with $20,000 from the landfill. The motion was seconded by Commissioner Davis and unanimously carried.


Commissioner Davis said there is potential for the Box Elder County residents to benefit from lowering their rates if we are working together because of the benefits of the economy of scale.


COURTHOUSE LITIGATION


County Attorney Amy Hugie gave the Commissioner a copy of a memorandum of decision issued from Judge Hadfield regarding the Richard and Shari Van Dyke lawsuit against the Municipal Building Authority. Ms. Hugie said the Judge has granted a dismissal for all parts of the complaints. As soon as the Judge has signed the order, the County Attorney will supply the County with the order and it will be put into the minutes.

Attorney Hugie said this means that no one can challenge the County over these issues. She said we have litigated them and no other parties can challenge the same complaints. The Commission can now decide what they want to do. If they want to put the issue on the ballot, they are free to do so. The Commission can go forward if they choose to.




LETTER & AGREEMENT E-911 – COMMISSIONERS


Chairman Hansen asked the Commissioners to approve the yearly cooperative agreement. He said a year ago with the increase of E911 fees and a change in the distribution, each town and city entered into a cooperative agreement for continued consolidated dispatch service. Chairman Hansen said it is the formal adoption of the agreement that commits the cities and towns.


MOTION: A motion was made by Commissioner Davis to approve the extension of the cooperative agreement providing for consolidated dispatch service in Box Elder County for the fiscal period of July 1, 2005-June 30, 2006 and request each of the participating communities to sign the agreement and return it to the County Recorder. The motion was seconded by Commissioner Rees and unanimously carried.


SUPPORT THE SUBMISSION OF A GOVERNOR’S OFFICE OF ECONOMIC DEVELOPMENT RURAL COMMUNITY GRANT APPLICATION – SUSAN THACKERAY


Economic Director Susan Thackeray said the seed of this concept, the General Business Resource Centers, began with Box Elder County working with Dave Spatafore at the 2005 legislature to find a mechanism to help provide needed infrastructure in rural communities. Senator Peter Knudson sponsored SB57 that was funded at $250,000 with the maximum for each rural project capped at $75,000. Utah State University is looking into setting up a General Resource Center in the former K-Mart Building. Ms Thackeray said these applications have to come as being sponsored from the County and asked the Commissioners to sponsor this application to the state for the General Resource Center.


MOTION: A motion was made by Commissioner Davis that Box Elder County Commission supports the submission of the Business Development in Disadvantaged Rural Communities Grant Application to assist in the creation of a business resource center in Brigham City, Utah. The County agrees to administer any funds from this grant that may be awarded for this purpose. The Commission also acknowledges that the collaboration between the community business innovation center in Brigham City and our County will benefit the residents of Box Elder County. The Commission also supports the Business Resource Centers in Ephraim and Cedar City. The motion was seconded by Commissioner Rees and unanimously carried.


INTERLOCAL AGREEMENT – LUANN ADAMS


County Recorder/Clerk/Surveyor explained the need to have an interlocal agreement with Weber County in order to provide survey work.



MOTION: A motion was made by Commissioner Davis that until the resolution is prepared and the Interlocal Agreement is signed, Box Elder County agrees to the Weber County fees which include surveying fees to be agreed upon by Box Elder County. 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 39375 thru 39379 in the amount of $20,827.54. Claims number 39380 thru 39419 in the amount of $117,810.71. Claims number 39420 thru 39429 in the amount of $288,276.53. Claims number 30430 thru 39535 in the amount of $73,164.92.


PERSONNEL ACTIONS – COMMISSIONERS


SHERIFF DEPT: David P. Freeze, compensation change, effective 09/14/2005

SHERIFF DEPT: Kenneth L. Sheridan, compensation change, effective 09/07/2005

SHERIFF DEPT: Daniel Todd Hurd, compensation change, effective 09/07/2005

SHERIFF DEPT: Scott Womack, compensation change, effective 09/14/2005


ASSIGNMENT REVIEW - COMMISSIONERS


The Commissioners reviewed assignments.


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 9:55 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 10:23 a motion was made by Commissioner Davis to reconvene into regular Commission Meeting. Commissioner Rees seconded the motion, and regular Commission meeting was reconvened.


Chairman Hansen explained there was discussion of the purchase, exchange or lease of real property during the executive session.


A motion was made by Commissioner Rees to adjourn. Commissioner Davis seconded the motion, and the meeting adjourned at 10:23 a.m.




ADOPTED AND APPROVED in regular session this 20th day of September 2005.





_______________________________

Scott Hansen, Chairman





_______________________________

Clark N. Davis, Commissioner





_______________________________

Suzanne R. Rees, Commissioner



ATTEST:




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LuAnn Adams, Recorder/Clerk/Surveyor