MINUTES OF COMBINED COMMISSION WORKING & REGULAR SESSION MEETING HELD JANUARY 09, 2017 BEGINNING AT 9:00 A.M. IN CONFERENCE

ROOM #1, IN DUCHESNE, UTAH

Present

Commission Chairman Ronald Winterton; Commissioner Greg Todd, Commissioner Ken Burdick, Sheriff Dave Boren, Sheriff’s Department Office Manager Cynthia Wardle, Deputy County Attorney Tyler Allred, Public Works Director Ben Henderson and Commission Assistant BobbiJo Casper taking minutes of the meeting.

Public Works Department Update

Director Henderson stated that the Road Department is in full snow mode. They have been challenged with some breaks downs. They are getting low on salt, but SSD #2 is getting them some so they will put it in the Altamont salt shed.

Consideration Of Renewing The JRI Grant Contract For 2017

Manager Wardle stated that the grant is in the amount of $93,000. The money will go towards Joshua Bird’s wage who is over the probation program along with ankle monitors and UA Cups for drug testing. Commissioner Todd motioned to approve renewing the JRI Grant Contract for 2017 as presented. Commissioner Burdick seconded the motion. All commissioners voted aye and the motion passed.

Opening & Consideration Of Bids For A Jail Work Crew Supervisor Contractor

Director Henderson stated that we didn’t receive any bids. Brian Burt has picked up the position but he’s not POST certified so he can’t take state inmates out without an officer.

Centennial Event Center Coordinator Ty Winterton joined the meeting at 9:34 A.M…

Chairman Winterton stated that the contract is annual so the money is in the budget for this year. If we have to have an officer present to use state inmates, we can pay out of that fund. Coordinator Winterton stated that he needs help taking the floor down and requested to have inmates help. Sheriff Boren stated that anyone who will be over the inmates needs to do an orientation. In order to take state inmates out, the contractor would need special functions and be POST certified. Chairman Winterton suggested using county inmates for now and see how that goes.

Consideration Of Allowing Vacation Hours To Be Carried Over Into 2017 For The Sheriff’s Office Employees Specified By Sheriff Dave Boren

HR Director Melissa Yergensen & Payroll & Benefits Administrator Becky Caton joined the meeting at 9:46 A.M…

Director Yergensen stated that a few employees haven’t been able to take time due to tragic events at the jail and we don’t want them to lose it because Sheriff Boren asked them to come back to work while on vacation. There are four employees that this will apply to. Administrator Caton stated that our policy allows for special circumstances like this, it’s ultimately up to the commission to decide. Commissioner Burdick motioned to approve carrying over vacation hours for specified employees approved by Sheriff Boren. Commissioner Todd seconded the motion. All commissioners voted aye and the motion passed.

Consideration Of A Quote For Horse Stalls For The Centennial Event Center

Coordinator Winterton stated that the price of steel is going up. Commissioner Burdick motioned to move forward and purchase the horse stalls and gates from Noble in the amount of one hundred seventy three thousand six hundred ninety six dollars ($173,696.00). Commissioner Todd seconded the motion. All commissioners voted aye and the motion passed.

Update From Centennial Event Center Coordinator Ty Winterton

Coordinator Winterton stated that in March they will have a mounted shooting and a buck bull’s charity. He is working with Event Center Marketing Manager Jennifer Peatross on advertising.

Consideration Of An Overlap Replacement For A Retiring Employee In The Building Department

Building Official Karl Mott joined the meeting at 10:15 A.M…

Official Mott stated that Roger Foster will retire May 1st and he would like to find someone to fill his position. Director Yergensen stated that they didn’t budget for an overlap, but there is a little leeway to come at the end of the year. Official Mott stated that if they find someone who is trained then they don’t need them right now but if they need to train someone they need to do it now. He needs more residential help than commercial, but in the future commercial certification will be needed. Chairman Winterton requested that he be involved in the interview process. Commissioner Todd motioned to approve the request. Commissioner Burdick seconded the motion. All commissioners voted aye and the motion passed.

Consideration Of Adding Personnel Or Contracting Janitorial Services For The Roosevelt Library

Library Director Daniel Mauchley joined the meeting at 10:25 A.M…

Director Mauchley stated that he spoke to the lady who cleans the Crossroads Senior Center about cleaning the Roosevelt Library. She gave two options at 20 hours a month at $16.00 per hour as a contract employee or an unbenefited employee at $13.00 per hour. She said that it will cost her too much to be insured and bonded to do a contract, so they are requesting to hire her as a part time employee. Commissioner Todd motioned to approve the request for personnel for janitorial services at the Roosevelt Library. Commissioner Burdick seconded the motion. All commissioners voted aye and the motion passed.

Consideration Of Resolution No. 17-01, A Resolution Of The Duchesne county Commission Granting Authority To The Duchesne County Treasurer To Adjust Taxes, Penalties, And Interest Under Special Circumstances

Treasurer Stephen Potter joined the meeting at 10:33 A.M…

Treasurer Potter stated that this was discussed during the last commission meeting. This will keep people from bombarding the commissioner to waive their penalty and interest fees under special circumstances that he will be authorized to take care of.

RESOLUTION NO. 17-01

RESOLUTION OF THE DUCHESNE COUNTY COMMISSION GRANTING AUTHORITY TO THE DUCHESNE COUNTY TREASURER TO ADJUST TAXES, PENALTIES, AND INTEREST UNDER SPECIAL CIRCUMSTANCES

WHEREAS, UCA § 59-2-1347 grants authority to the county legislative body to set conditions for property tax adjustment where “the best human interests and the interests of the state and the county are served”; and

WHEREAS, the Duchesne County Commission, acting as the county legislative body, may designate another officer or executive office to grant such adjustments on their behalf, based upon criteria set forth by the Commission, which fulfills the standards set forth in UCA § 59-2-1347; and

WHEREAS, the Duchesne County Treasurer receives several requests annually for adjustment of interest and penalties associated with delinquent tax accounts; and

WHEREAS, the Commission finds that in the quantifiable circumstances listed below, adjustment of taxes and/or accumulated interest and penalties serves “the best human interests and the interests of the state and the county”;

NOW, THEREFORE, be it resolved that the Duchesne County Commission, Duchesne County, Utah authorizes and grants authority to the Duchesne County Treasurer to adjust taxes, penalties, and interest subject to the following criteria:

Taxes and associated penalties

The Treasurer may abate any tax of $5.00 or less that is delinquent on January 31st, along with the associated penalty, to prevent it from being posted onto the delinquent roll created February 1st for the new year.

Penalties and/or interest

The Treasurer may abate penalty and/or interest under any of the following circumstances:

1.  Where the delinquent tax amount due is under $25.00

2.  Where the taxpayer was unable to pay taxes timely (by November 30th) due to death or substantial illness

3.  Where a taxpayer did not receive a tax notice in a timely fashion due to county error or omission.

4.  Where the taxpayer’s failure to pay on time is shown to be for reasons outside the taxpayer’s control or due to inadvertent error.

5.  Where there are notification issues with delinquent deleted parcels and parcels with description changes.

Interest

The Treasurer may abate interest when a mailed-in delinquent payment does not match the amount due as a result of interest accruing daily, under either of the following circumstances:

1.  The amount paid matches the amount that was due on any date that is 7 days before the postmark date or later, or

2.  The difference in interest is under $25.00

If one of these criteria is met, then the interest may be adjusted on the county tax record to make the amount due match the mailed check amount. Otherwise, the Treasurer shall send a request for payment to the taxpayer for any amount of interest still due.

APPROVED AND ADOPTED by a duly constituted quorum of the Board of County

Commissioners of Duchesne County this 9th day of January, 2017.

ATTEST: DUCHESNE COUNTY:

______

JoAnn Evans Ronald Winterton

County Clerk/Auditor Chairman

______

Ken W. Burdick

Member

______

Greg Todd

Member

Commissioner Todd motioned to adopt Resolution 17-01. Commissioner Burdick seconded the motion. All commissioners voted aye and the motion passed.

Consideration Of Commission Chairman For 2017

Commissioner Burdick motioned to appoint Ron Winterton as Chairman for 2017. Commissioner Todd seconded the motion. All commissioners voted aye and the motion passed.

Consideration Of Commission Assignments For 2017

Commissioner Burdick motioned to approve the 2017 Commission Assignments as presented. Commissioner Todd seconded the motion. All commissioners voted aye and the motion passed.

Follow-Up Discussion & Decisions On Delinquent Personal Property Taxes

Assessor Greg Garff joined the meeting at 10:44 A.M…

Assessor Garff stated that Ronni Potter is down to a balance of $36.00; she has worked really hard to get this paid. Lori Lavato hasn’t made a payment for some time and she said that she can’t pay any more on it because she is living in a shelter. They are going to re-appraise it, but it might be time to write this off. Chairman Winterton stated that if Lori wants to get rid of her trailer, we could look into the trailer removal program and dispose of it to cover the taxes. Assessor Garff stated that he will check on the program.

Consideration Of Resolution No. 17-02, A Resolution Establishing Bylaws Governing The Duchesne County Local Emergency Planning Committee

Emergency Planning Administrator Mike Lefler joined the meeting at 10:53 A.M…

Administrator Lefler stated that LEPC is geared up towards hazardous materials and the committee was formed to make plans to handle those materials. He will be over the LEPC, but they have asked Greg Miles to be Chairman, Shelly Felter as Vice Chair, and Connie Sweat as Secretary of the board. This resolution will update the bylaws for Duchesne County.

RESOLUTION NO. 17-02

A RESOLUTION ESTABLISHING BYLAWS GOVERNING THE DUCHESNE COUNTY LOCAL EMERGENCY PLANNING COMMITTEE

WHEREAS the Duchesne County Commission finds that there must exist bylaws governing the Duchesne County Local Emergency Planning Committee, and

WHEREAS the Duchesne County Commission finds that in balancing the interest of the county, the Duchesne County Local Emergency Planning Committee, the public and in the interest of all parties there should be established bylaws governing the Duchesne County Local Emergency Planning Committee, and

WHEREAS Duchesne County finds in adopting these bylaws, it is the intent of the Duchesne County Commission to be as comprehensive as possible in addressing the bylaws governing the Duchesne County Local Emergency Planning Committee,

BE IT THEREFORE RESOLVED by the Board of County Commissioners for Duchesne County that:

This organization shall be known as the Duchesne County Local Emergency Planning Committee (DCLEPC). The principle office of the Committee will be with the Office of Fire and Emergency Management of Duchesne County government, State of Utah.

PURPOSE AND OBJECTIVES

The purpose and objectives of the Duchesne County LEPC are:

a)  To hold scheduled public meetings to establish short and long range plans subject to the Hazardous Materials Emergency Preparedness Program and other emergency operation plans including Homeland Security Issues for the Duchesne County area.

b)  To provide support and focus on hazardous materials in fixed facilities and transportation routes by performing hazard analysis or updating the current analysis utilized and further identifying natural hazards in the county with the potential of creating natural disasters or emergencies.

c)  To give credence to the development of an area wide emergency response plan that utilizes the expertise, resources and methods that are cost effective and provide for timely responses by the County.

d)  To receive notification from the public on areas of concern, and/or problems.

e)  To respond to community right to know requests.

f)  To conduct post incident evaluations of emergency response with the agencies that were involved.

MEMBERS

Section 1. Membership Application. Membership applications will be provided and must be filed with the Secretary of the Committee on a yearly basis. Notice of meetings will be sent to registered members and will also be posted for the general public. Membership is free, DCLEPC is a non-profit organization. Donations are accepted.

Section 2. Categories of Membership. There shall be two (2) categories of membership, Active and Associate Membership.

a)  Active Membership. Active membership shall consist of those public, private and governmental officials appointed by their respective agencies or their duly appointed designee, to represent the agency or company on the committee and who attend regularly scheduled meetings of the committee.

b)  Associate Membership. Any person in any way interested in the activities of the Committee may be admitted as an associate, subscribing, or honorary member under such privileges that the Steering Committee may determine.

Section 3. Duration of Membership. Membership in the Committee may terminate by voluntary withdrawal as provided in these by-laws. All rights, privileges, and interest of a member in or to the Committee shall cease on termination of membership. A member may, by giving written notice of such intention, withdraw from membership. Withdrawals shall be effective upon fulfillment of all obligations to the date of withdrawal.

Section 4. Termination of Membership. Termination of membership in the Committee may happen after one (1) year of non-participation in the regularly scheduled meetings or classes. This will occur with the first meeting of each new year.

MEETINGS

Section 1. Meetings. There shall be eight (8) meetings of the Committee during each calendar year. Meetings shall be open to the public. Notice of such meetings, issued by the secretary or the chairperson.

Section 2. Quorum Defined. Those present at any meeting of the Committee shall constitute a quorum. A quorum is at least four (4) members.