Commission Meeting 6 June 7, 2017
MINUTES
BOX ELDER COUNTY COMMISSION
JUNE 07, 2017
The Board of County Commissioners of Box Elder County, Utah met in an Administrative/Operational Session at the County Courthouse, 01 South Main Street in Brigham City, Utah at 4:45 p.m. on June 07, 2017. The following members were present:
Jeff Hadfield Chairman
Stan Summers Commissioner
Jeff Scott Commissioner
Marla R. Young Clerk
The following items were discussed:
1. Agenda Review/Supporting Documents
2. Commissioners’ Correspondence
3. Staff Reports – Agenda Related
4. Correspondence
The Administrative/Operational Session adjourned at 4:55 p.m.
The regular session was called to order by Chairman Hadfield at 5:00 p.m. with the following members present, constituting a quorum:
Jeff Hadfield Chairman
Stan Summers Commissioner
Jeff Scott Commissioner
Marla Young County Clerk
The prayer was offered by Commissioner Hadfield.
The Pledge of Allegiance was led by Auditor Tom Kotter.
APPROVAL OF MINUTES
THE MINUTES OF THE REGULAR MEETING OF MAY 17, 2017 WERE APPROVED AS WRITTEN ON A MOTION BY COMMISSIONER SCOTT, SECONDED BY COMMISSIONER SUMMERS, AND UNANIMOUSLY CARRIED.
AGENDA: ATTACHMENT NO. 1
ADMINISTRATIVE REVIEW/REPORTS/FUTURE AGENDA ITEMS – COMMISSION
Accident with Deputy Moore – Chairman Hadfield
Chairman Hadfield offered an update on Deputy Zac Moore who was injured in a head on collision in Beaver Dam on June 6, 2017. Although his injuries are not life threatening, he is having surgery to correct some broken bones in his face.
Retirement of Deputy Wiggins – Chairman Hadfield
Chairman Hadfield informed staff of Deputy Wiggins retirement from the Sheriff’s department. He commented that he appreciates his service.
WIR Meeting – Commissioner Summers
Summers reported on a conference he recently attended. 340 Counties were represented. He said they are all trying to reinvent themselves, just like we are in our county. He feels they are hopeful in the new administration even if they don’t agree with everything the Department of Interior is doing.
FORMER AGENDA ITEMS FOLLOW-UP – COMMISSIONERS
There were not follow-up items
FLOODING ISSUES
Commissioner Summers stated the flood issues are still being watched carefully. Many Rivers are full. If they can maintain until Bear Lake reaches capacity, the county may miss having to deal with further flood problems. Sandbags are still available at the fairgrounds if needed.
ROAD DEPARTMENT
South Willard Asphalt Seal Project – Bill Gilson
Road Department Supervisor Bill Gilson addressed the commission about the South Willard Asphalt Seal Project which covers the subdivisions east of the highway in South Willard. Included in the bids was an addendum for two county parking lots. Eccles Paving bid came in at $.206 per square foot in the amount of $62,271.54. The addendum gives a price on the lots of .244 per square foot in the amount of $11, 145.92 for the Mosquito Abatement parking lot and $11, 846.20 for the justice court parking lot.
The bid for Advanced Paving came in at unit price $.194 per square foot totaling $58,644.07. They did an addendum for the two parking lots at $ .017 per square foot. Bill said we’ve done business with Advanced Paving in the past and he wouldn’t hesitate to go forward with their bid.
MOTION: A motion was made by Commissioner Summers to award the South Willard Asphalt Seal Project to Advanced Paving. The motion was seconded by Commissioner Scott and unanimously carried.
Proposed Box Elder County Road Department Pay Policy – Bill Gilson
Road Department Supervisor Bill Gilson requested permission to make some updates in the Pay Policy for the Road Department. It will offer more financial incentives for On-Call Pay as well as a pay upgrade on equipment differential.
Commissioner Hadfield asked Human Resource Director, Jenica Stander, if there would be any issue that she could see in doing this, and she responded favorably.
MOTION: A motion was made by Commissioner Scott to approve the proposed Box Elder County Road Department Pay Policy. The motion was seconded by Commissioner Summers and unanimously carried.
Contract #17-20 Cassia County Road Maintenance Agreement and Contract #17-21 with Raft River Road Maintenance Agreement – Bill Gilson
Road Department Supervisor Bill Gilson reported the need for an addendum to the original Road Maintenance Agreement with Raft River and Cassia County, Idaho. He stated these addendums more clearly define how reimbursement will happen with FEMA. If FEMA isn’t activated, he is comfortable having the funds used from his budget.
MOTION: Commissioner Summers made a motion to approve the addendums to Cassia County Contract #17-20 and Raft River Road Maintenance Contract #17-21. Commissioner Scott seconded the motion and it unanimously carried.
ATTACHMENT NO. 2-Contract #17-20, and #17-21
PRESENTATIONS/REQUESTS/CONCERNS
National Hare and Hound Motorcycle Race – Ron Dillon R & R Promotions
Ron Dillon of R & R Promotions said he is seeking permission to close 1.9 miles of a county road to be used for the National Hare and Hound Motorcycle Race. They are using most of the Washakie properties near the Malad River, but needs to use this portion of the road to safely complete the loop. He assured the Commissioners that no residents would be negatively affected.
Chairman Hadfield advised Mr. Dillon to work with Bill Gilson of the Road Department to manage traffic.
MOTION: Commissioner Summers made a motion to approve the request for R & R Promotions to close the referred portion of the County Road. Commissioner Scott
seconded the motion and the motion carried unanimously.
ATTACHEMENT NO. 3-Map of proposed closure
Letter to Governor Herbert on PM 2.5 – Commissioners
Commissioner Summers stated Senator Hatch’s office recommended forwarding the PM 2.5 letter on to Governor Herbert’s office.
MOTION: Commissioner Scott made a motion to send a PM 2.5 EPA letter to Governor Herbert’s office. Commissioner Summers seconded the motion and the motion unanimously carried.
ATTACHMENT NO. 4– Copy of Letter Governor Herbert
Permission to use County Grounds for Peach Days – Monica Holdaway
Box Elder Chamber of Commerce Director Monica Holdaway requested use of county building grounds for the 2017 Peach Days celebration. She said they will need access to water and will be using a local electrician to help set up the vendors. She will be working with Codey Illum to make sure things go smoothly.
MOTION: Commissioner Scott made a motion to allow Brigham City Chamber of Commerce the use of the county grounds for the 2017 Peach Days celebration. Commissioner Summers seconded the motion and the motion carried unanimously.
CONTRACTS AND AGREEMENTS
Renewal of Franchise Agreement with Comcast #17-18 – Kirk Nord
County Clerk, Marla Young offered some updates that had been forwarded from Kirk Nord of Comcast. She said it is a renewal of the contract but there have been some updates to the contract to allow for provisions that obligate Comcast under federal law, as well as some safety requirements.
MOTION: Commissioner Summers made a motion to renew Contract #17-18 with Comcast upon review of the County Attorney. Commissioner Scott seconded the motion and the motion unanimously carried.
ATTACHMENT NO. 5- Contract #17-18 Renewal of Franchise Agreement
Termination Agreement – Jenica Stander
Human Resource Director, Jenica Stander stated they have reached an agreement with a former County employee, who was terminated on 04/15/2017 .
MOTION: Commissioner Scott made a motion to sign the Termination Agreement. Commissioner Summers seconded the motion and the motion carried unanimously.
Centrally Assessed Properties – Commissioner Scott
Commissioner Scott expressed concerns about being involved with the Centrally Assessed Property appeals. He said he would check into a few items before any decisions are made. He asked Attorney Hadfield if he has enough staff to evaluate all that needs that should be addressed.
Attorney Hadfield doesn’t feel they have the staff at this time.
Contract #17-22 Nexeo – Jenica Stander
Human Resource Director Jenica Stander brought a possible contract before the commissioners to help in temporary staffing. More research will be done to appoint an agreeable company.
COMMUNITY DEVELOPMENT
Ordinance #449 Zoning Map Amendment – Scott Lyons
Community Development Director Scott Lyons re-addressed a request from Bob Davis for a rezone. He read the findings from the new Ordinance: WHEREAS, after reviewing and discussing, the Board of County Commissioners of Box Elder County, Utah finds that the amendment to the zoning map as set forth below is in conformity with the General Plan of Box Elder County, that the uses allowed by the proposed change are harmonious with the overall character of the existing development in the vicinity of the property, that it will not adversely affect adjacent properties, that the facilities and services intended to serve the property to be rezoned are adequate, and that it will be in the best interest of all promote the health, safety and general welfare of all residents of Box Elder County. He reminded the commission the rezone had been through the Planning Commission and they forwarded a recommendation of denial to the County Commission. Staff was instructed to modify the ordinance and bring it back before the Commission. He said the ordinance is changed and will not adversely affect adjacent properties
MOTION: Commissioner Summers made a motion to approve Ordinance #449. Commissioner Scott seconded the motion and the motion carried unanimously.
ATTACHMENT NO. 6- Ordinance #449
Ordinance #450 Amending Section 5-6-060-M –Scott Lyons
Community Development Director Scott Lyons stated they received a request from a landowner to make adjustments to section 5-6-060M of the Land Use Management Code. It will change the height requirement for accessory dwellings from 20 feet to 26 feet. This ordinance change has been approved by the Planning Commission.
MOTION: Commissioner Summers made motion to approve Ordinance #450 section amending section 5-6-06-M. Commissioner Scott seconded the motion, and the motion unanimously carried.
ATTACHMENT NO. 7 – ORDINANCE #450
Ordinance #451 Rezone from RR-2 to RR-1 – Scott Lyons
Community Development Director Scott Lyons stated they received a request from a landowner who wanted a rezone from RR2 to RR1. A public hearing was held and there was quite a bit of opposition to the rezone from neighboring residents. Planning Commission has recommended denial.
MOTION: - Commissioner Scott made a motion to deny the rezone request from RR2- RR1. Commissioner Summers seconded the motion and the motion carried unanimously.
Ordinance #452 Rezone from A1/2 to Neighborhood Commercial – Scott Lyons
Community Development Director Scott Lyons explained ordinance #452 change zoning from A1/2 to Neighborhood Commercial. The neighbors were in favor of the use of the structure, but not the rezone. Staff recommendation is to deny the ordinance and prepare the new ordinance with a legal description to satisfy the initial request. He says the fire code issues and building code issues can be dealt with by the conditional use permit. It might be the compromise the County and the resident can agree on.
The Commissioners directed staff to prepare a new ordinance outlining the specific area.
MOTION: Commissioner Scott made a motion to deny the Rezone from A1/2 to Neighborhood Commercial. Commissioner Summers seconded the motion and the motion carried unanimously.
Ordinance #453 Text Amendment – Scott Lyons
Community Development Director Scott Lyons stated the text amendment allows for reception centers in commercial zones. The Planning Commission approved the amendment to allow as a conditional use.
MOTION: Commissioner Scott made motion to approve Ordinance #453 a Text Amendment regarding reception centers. Commissioner Summers seconded the motion and the motion carried unanimously.
ATTACHMENT NO. 8- Ordinance #453
Ordinance #454 Text Amendment on Cul-De-Sac Frontages
Community Development Director Scott Lyons stated the code does not have a minimum on frontages for Cul-de-Sac’s. Ordinance #454 cleans up the code and puts a minimum frontage into it. Planning commission has recommended approval.
MOTION: Commissioner Summers made a motion to approve Ordinance #454 a Text Amendment on Cul-De-Sac Frontages. Commissioner Scott seconded the motion and the motion carried unanimously.
ATTACHMENT NO. 9- Ordinance #454
Ordinance #455 Text Amendment removing Non-Hazardous Landfill’s and Adding Mining – Scott Lyons
Community Development Director Scott Lyons said the text amendment is more of a clean-up in the text. In reviewing the mining quarry section it is proposed that the term non-hazardous landfill be removed from this section of the code.
MOTION: Commissioner Scott made a motion to approve Ordinance #455. Commissioner Summers seconded the motion and the motion carried unanimously.
ATTACHMENT NO. 10- Ordinance #455
Ordinance #456 Text Amendment Removing Mining from Commercial Zone – Scott Lyons
Community Development Director Scott Lyons explained Ordinance #456 removes mining from the commercial zones as they are in the chapter specifically addressing Mining in the text
MOTION: Commissioner Summers made a motion to approve Ordinance #456 removing Mining from Commercial Zone. Commissioner Scott seconded the motion and the motion carried unanimously.
ATTACHMENT NO. 10 – Ordinance 456
WARRANT REGISTER – COMMISSIONERS
The Warrant Register was signed and the following claims were approved for payment: Claims 102865 - 102902 in the amount of $280,343.68. Claims 102816 - 102864 in the amount of $165,427.06. Claims 102772 - 102815 in the amount of $2,358,715.64.
PERSONNEL ACTIONS/VOLUNTEER ACTION FORMS – COMMISSIONERS
PERSONNEL ACTIONS/VOLUNTEER ACTION FORMS – COMMISSIONERS
DEPARTMENT / EMPLOYEE NAME / COMPENSATION CHANGE / EFFECTIVE DATEAssessor / Joseph Krebs / Step Increase / 06/12/2017
Auditor / Shirlene Larsen / Step Increase / 05/28/2017
Corrections / Sandra Barfuss / Department Change / 05/28/2017
Corrections / Joshua Hansen / New Hire / 06/05/2017
Corrections / Douglas Thompson / New Hire / 05/06/2017
Fairgrounds / Hailee Garrett / Re-Hire / 05/15/2017
Motor Vehicles / Marilyn Mason / Step Increase / 06/18/2017
Solid Waste / Darrin Marble / Step Increase / 05/09/2017
Transportation / Ashley Sorensen / Department Change / 05/28/2017
Weed Department / Parker Theurer / New Hire / 06/05/2017
CLOSED SESSION
Strategy session to discuss pending or reasonably imminent litigation
MOTION: At 6:35 p.m. a motion was made by Commissioner Summers to move into a closed session to discuss pending or reasonably imminent litigation. The motion was seconded by Commissioner Scott and unanimously carried.
MOTION: At 7:10 p.m. a motion was made by Commissioner Scott to reconvene into regular commission meeting. Commissioner Summers seconded the motion. The motion carried unanimously and regular commission meeting was reconvened.