Commission Meeting 3 March 04, 2015

MINUTES

BOX ELDER COUNTY COMMISSION

MARCH 04, 2015

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 10:45 a.m. on March 04, 2015. The following members were present:

Stan Summers Commissioner

Jeff Scott Commissioner

Jeff Hadfield 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

5. Request for Penalty Waiver – Shaun Thornley

The Administrative/Operational Session adjourned at 10:55a.m.

The regular session was called to order by Chairman Summers at 11:00 a.m. with the following members present, constituting a quorum:

Stan Summers Chairman

Jeff Scott Commissioner

Jeff Hadfield Commissioner

Marla Young County Clerk

The prayer was offered by Commissioner Scott.

The Pledge of Allegiance was led by Assessor Rodney Bennett.

APPROVAL OF MINUTES

THE MINUTES OF THE REGULAR MEETING OF FEBRUARY 18, 2015 WERE APPROVED AS WRITTEN ON A MOTION BY COMMISSIONER SCOTT, SECONDED BY COMMISSIONER HADFIELD AND UNANIMOUSLY CARRIED.

AGENDA: ATTACHMENT NO. 1

ADMINISTRATIVE REVIEW/REPORTS/FUTURE AGENDA ITEMS – COMMISSION

Forest Street Property Encumbrance – Chairman Summers

Chairman Summers reported the final letter showing the release of the encumbrance on the Forest Street property has been received and now the land transaction can be completed.

BEAR RIVER HEALTH DEPARTMENT ANNUAL REPORT – JILL PARKER

Jill Parker of the Bear River Health Department highlighted some areas of interest in the 2014 report. She introduced Aleena Pierce who is in charge of public outreach. She reported statistics of programs and an overview of the budget.

AWARDING ASPHALT OIL BIDS – BILL GILSON

Curtis Packer of the Road Department stated the bids have been reviewed for the 2015 asphalt oil projects and recommended the following:

Company / LMCRS-2 / CSS1 / MC800 / GSB88
Ergon / $373.00 per ton / $246.00 per ton
Mountain States / $625.00 per ton
ASI / $788.00 per ton

MOTION: Commissioner Hadfield made a motion to award the LMCRS-2 bid to Ergon, the CSS1 bid to Ergon, the MC800 bid to Mountain States, and the GSB88 bid to ASI. The motion was seconded by Commissioner Scott and unanimously carried.

AWARDING PRIMARY VENDOR BID – BILL GILSON

Curtis Packer of the Road Department said the bids for a primary vendor for supplies and consumables have been reviewed. Mr. Packer recommended the bid be awarded to Fastenal in the amount of $8,767.00.

MOTION: Commissioner Scott made a motion to award the preferred vendor contract to Fastenal in the amount of $8,767.08. The motion was seconded by Commissioner Hadfield and unanimously carried.

USED LOADER QUOTES/PURCHASE USED LOADER – BILL GILSON

Curtis Packer of the Road Department said they received five bids for a used loader. He stated they will be putting the old loader up for sale.

Company / Bid
Honnen Equipment / $187,500
Komatsu Equipment / 200,000
Wheeler Machinery / 250,000
RDO Equipment / 260,000
Empire Machinery / 295,000

MOTION: Commissioner Hadfield made a motion to award the bid for a used loader to Honnen Equipment. The motion was seconded by Commissioner Scott and unanimously carried.

SET DATE FOR TAX SALE – TOM KOTTER

Auditor Tom Kotter stated the tax sale has been scheduled for the third Thursday in May which is May 21, 2015 at 10:00 a.m. He said there are currently over 3,000 parcels and many of those are non-conforming parcels.

MOTION: Commissioner Scott made a motion to set the tax sale date as May 21, 2015 at 10:00 a.m. The motion was seconded by Commissioner Hadfield and unanimously carried.

REQUEST FOR WAIVER OF PENALTY & INTEREST/ MULTIPLE PARCELS – SHAUN THORNLEY

Treasurer Shaun Thornley explained there is a request to waive penalties and interest on several parcels. The landowners stated they were gone on vacation when the taxes were due. Mr. Thornley stated the notices were mailed a month before the due date on October 30, 2014.

Commissioner Scott stated the landowners had time before they were on vacation to pay their taxes. They were on vacation for two weeks.

MOTION: Commissioner Scott made a motion to deny the waiver of penalties and interest on accounts: R0027178, R0020997, R0024031, R0027238, R0027212, R0027230, R0031628, R0027222, R0027176, R0024016, R0020915, R0020987, R0009141, R0024034, R0024033, R0006485, R0021013, R0021031, R0009149, R0006428, R0021032, R0021014, R0088634, R0020991, R0020990, R0020894, R0006490, R0020995, R0020994, R0024047, R0020992, R0027208, and R0020993. The motion was seconded by Commissioner Hadfield and unanimously carried.

Treasurer Shaun Thornley explained the situation on parcel #’s 03-135-0042 and 03-117-0072. He stated the property owner was hospitalized when the taxes came due and later passed away in December.

MOTION: Commissioner Scott made a motion to waive the penalties and interest on parcel 03-135-0042 and 03-117-0072. The motion was seconded by Commissioner Hadfield and unanimously carried.

CHUCK WEST SUBDIVISION - SCOTT LYONS

This item was cancelled.

ORDINANCE #397/CHANGE BOARD OF ADJUSTMENT TO HEARING OFFICER – SCOTT LYONS

County Planner Scott Lyons explained the ordinance dissolves the board of adjustments and institutes a hearing officer. This will allow a professional hearing officer to hear appeals and base a decision on the facts instead of emotion.

MOTION: Commissioner Hadfield made a motion to approve Ordinance #397. The motion was seconded by Commissioner Scott and unanimously carried.

(See Attachment No. 2 – Ordinance.)

PUBLIC COMMENT PERIOD

DeAnna Hardy of Brigham City said she received a list of employees and their salaries from BRAG. A lot of money is given to employees to decide who gets help. It is unconstitutional and should be nullified. People should not be forced to be charitable. She asked the commissioners to move the commission meeting to a more appropriate time for the public. The meeting is not for the employees, it is for the public. She urged the commission to restore the people’s freedoms and restore government to its proper role.

WARRANT REGISTER – COMMISSIONERS

The Warrant Register was signed and the following claims were approved for payment: Claims 95441 through 95495 in the amount of $78,038.32. Claims 95391 through 95436 in the amount of $640,339.12.

PERSONNEL ACTIONS – COMMISSIONERS

ATTORNEY: Brian Duncan, compensation change, effective 02/22/2015

JUSTICE CT: Suzanne Falletta, position change, effective 02/23/2015

SHERIFF’S DEPT: Ryan Fielding, compensation change, effective 02/01/2015

SHERIFF’S DEPT: Brandon Yates, compensation change, effective 02/09/2015

SHERIFF’S DEPT: Christine Gerhardt, compensation change, effective 01/14/2015

SHERIFF’S DEPT: Brody Wells, compensation change, effective 03/03/2015

SHERIFF’S DEPT: Larry Blanchard, compensation change, effective 01/19/2015

SHERIFF’S DEPT: Jared Loosli, compensation change, effective 03/09/2015

SHERIFF’S DEPT: Cordell Thompson, compensation change, effective 03/16/2015

SHERIFF’S DEPT: Terry Harrison, compensation change, effective 03/02/2015

CLOSED SESSION

Strategy session to discuss the purchase, exchange, or lease of real property, including any form of a water right or water shares, if 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 11:34 a.m. a motion was made by Commissioner Hadfield to move into a closed session to discuss the purchase, exchange, or lease of real property. The motion was seconded by Commissioner Scott and unanimously carried.

MOTION: At 11:47 a.m. a motion was made by Commissioner Scott to reconvene into regular commission meeting. Commissioner Hadfield seconded the motion. The motion carried unanimously and regular commission meeting was reconvened.

Promontory Landfill LLC – Chairman Summers

Chairman Summers stated they discussed the transfer, sale, or lease of property in the closed session.

Chairman Summers stated they are moving into an agreement with Promontory Landfill LLC and will be signing a letter of intent.

MOTION: Commissioner Scott made a motion to sign a letter of intent with Promontory Landfill LLC upon the approval of Attorney Hadfield approving the letter. The motion was seconded by Commissioner Hadfield and unanimously carried.

(See Attachment No. 3 – Letter.)

ADJOURNMENT

A motion was made by Commissioner Scott to adjourn. Commissioner Hadfield seconded the motion, and the meeting adjourned at 11:52 a.m.

ADOPTED AND APPROVED in regular session this 18th day of March 2015.

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Stan Summers, Chairman

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Jeff Scott, Commissioner

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Jeff Hadfield, Commissioner

ATTEST:

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Marla R. Young, Clerk