MINUTES OF THE REGULAR MEETING OF THE BOARD OF EMERY COUNTY COMMISSIONERS HELD IN THE EMERY COUNTY COURTHOUSE
JANUARY 3, 2017
Present at the meeting was Commission Chairman Keith Brady, Commissioner Paul Cowley, Commissioner Lynn Sitterud, Attorney Michael Olsen, Deputy Clerk/Auditor Carol Cox, elected officials and citizens.
CONSENT AGENDA
(1) APPROVAL OF CHECK EDIT LIST, REQUISITIONS, AND DISPOSITIONS.
The Warrant Check Edit List #242894 through and including #242935 was presented for payment.
There were no requisitions.
One disposition was presented for an electronic cash register.
(2) APPROVAL OF MINUTES DATED DECEMBER 20, 2016.
(3) APPROVAL OF COUNTY COMMISSIONER RESPONSIBILITIES.
See attachment to minutes.
(4) APPROVAL TO RE-APPOINT LAMAR GUYMON AND LAURIE ANN LARSEN AS MEMBERS OF THE EMERY COUNTY CARE AND REHABILITATION BOARD.
(5) APPROVAL TO APPOINT ETHAN MIGLIORI AS A NEW MEMBER OF THE EMERY COUNTY CARE AND REHABILITATION BOARD.
(6) APPROVAL TO GIVE MATT SALAS A 3% WAGE INCREASE FOR HIS SUCCESSFUL COMPLETION OF THE 6 MONTH ORIENTATION PERIOD AND PROMOTE HIM TO A CORRECTION OFFICER I FOR SUCCESSFUL COMPLETION OF POST. EFFECTIVE 1- 16-17. GRADE 15.
(7) NOTIFICATION. JOSIE STILSON AND MCKADE HANSEN WERE BOTH HIRED AS A PART TIME DEPUTY TREASURERS WORKING 19 3/4 HOURS PER WEEK. WAGE GRADE 13.
(8) APPROVAL TO PROMOTE LES REESE TO A WEED & MOSQUITO TECHNICIAN 11 EFFECTIVE 1-16-17. GRADE 15.
(9) APPROVAL TO PROMOTE GARY PRICE TO A WEED & MOSQUITO TECHNICIAN II EFFECTIVE 1-16-17. GRADE 15.
(10) APPROVAL TO GIVE EMILY HUNTINGTON A 3% WAGE INCREASE FOR HER SUCCESSFUL COMPLETION FO THE 6 MONTH ORIENTATION PERIOD. EFFECTIVE 1 16-17. GRADE 7.
(11) APPROVAL TO GIVE SUZANNE ANDERSON A 3% WAGE INCREASE FOR HER SUCCESSFUL COMPLETION OF THE 6 MONTH ORIENTATION PERIOD. EFFECTIVE 1 16-17. GRADE 11.
Motion to approve the Consent agenda was made by Commissioner Paul Cowley, seconded by Commissioner Lynn Sitterud, and the motion passed.
DISCUSSION AGENDA
(1) ITEMS PULLED FROM THE CONSENT AGENDA.
Nothing.
(2) DISCUSS/APPROVE/DENY CONTRACT WITH RANDY JOHNSON, GOVERNMENT MATTERS, LLC, FOR PAYMENT FOR 2017 SERVICES.
Commissioner Paul Cowley commented that in light of what has happened with the Bears Ears designation, he felt it was imperative to retain Mr. Johnson for his expertise in these matters. The situation with the San Rafael may still be looked at. We need some great representation when dealing with these matters. Commissioner Paul Cowley made a motion to approve a contract with Randy Johnson, Government Matters, LLC. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(3) DISCUSS/APPROVE/DENY CONTRACT WITH SHAUN D. CHRISTENSEN, HYPNO HICK ENTERPRISES, FOR THE 2017 EMERY COUNTY FAIR.
Commissioner Brady explained that the contracts for the 2017 Emery County Fair have been discussed and recommended by the Fair Board. The reason for approving them at this time is to wait for approval of the 2017 budget. The contract with Hypno Hick is for 5 shows on Friday and Saturday at $850.00. This expenditure is covered under the Fair budget. Commissioner Paul Cowley made a motion to approve a contract with Shaun D. Christensen, Hypno Hick Enterprises for the 2017 Emery County Fair. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(4) DISCUSS/APPROVE/DENY CONTRACT WITH THE MYSTERY ESCAPE COMPANY FOR THE 2017 EMERY COUNTY FAIR.
Commissioner Brady explained that the contract with Mystery Escape Company is for $1,500. 00 for an event during Saturday of the 2017 Fair. Participants will be charged $15.00 per person which will be split with the Company and the Emery County Fair. Participants enter a chamber with others and will have to work together to figure a way out of the chamber. Commissioner Paul Cowley made a motion to approve a contract with The Mystery Escape Company for the 2017 Emery County Fair. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(5) DISCUSS/APPROVE/DENY CONTRACT WITH MAD SCIENCE OF GREATER SALT LAKE AND EMERY COUNTY FOR THE 2017 EMERY COUNTY FAIR.
Commissioner Brady explained that the contract was originally planned for 5 shows. The contract was negotiated down to 3 shows for $550.00 for Friday and Saturday of the Fair. Commissioner Paul Cowley made a motion to approve a contract with Mad Science of Greater Salt Lake and Emery County for the 2017 Emery County Fair. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(6) DISCUSSION/APPROVE/DENY KELLY LARSEN AND TENILLE LARSEN AS STEM PARTNERS FOR CASTLE DALE LIBRARY.
Commissioner Brady explained that this is part of the Stem Grant the Castle Dale Library received in 2016. Commissioner Lynn Sitterud made a motion to approve Kelly Larsen and Tenille Larsen as Stem Grant partners for the Castle Dale Library.
(7) COMMISSION/ELECTED OFFICIALS REPORT
Commissioner Brady reported that a couple of meetings ago he had announced that the 2017 Fair would possibly be during the Memorial Rodeo in 2017. They have a conflict with those dates do the Fair has been scheduled for its original date of August 4 and 5, 2017.
Commissioner Cowley reported that Kellie Nelson has been secured as Senior Citizen Center Co-ordinator for Emery County. She has been working her way through all the centers in the county for review/resolution of issues in each building site. (8) ADJOURN
The meeting was adjourned.
ATTEST: COMMISSIONER:
2017 Commission Responsibilities
KEITH BRADY PAUL COWLEY LYNN SITTERUD Chairman Vice Chairman
Ambulance/EMT’s Airport Animal Control AOG BLM/RAC Attorney Aquatic Center Children’s Justice Center Assessor CV Conservancy District CV Special Service Dist. (CVSSD) Care Center EC Business Chamber (ECBC) Extension/USU Clerk/Auditor Emery County Fair Historic Preservation Co.of Govmts (COG) Events Coodinator Lawrence Cemetery County Facilities GR Conservancy Dist. Library DWR/RAC GR Medical Center Museum of San Rafael Housing Authority IS/GIS NEWU District Insurance Local Emergency Planning Road Department/Landfill Justice Court Public Mental Health Senior Citizens Personnel Recreation District SITLA Plan/Zone/Building Scenic Byways Treasurer Recorder/Archives Southeast UT Health Dept. USFS SSD#1 Sheriff/HLS Water Conservancy State Parks Six Co. Coalition Weed/Mosquito Trails Travel Bureau TV/Communications
Commissioner Shared Responsibilities (* Contact Commissioner) Building Authority LBA (Chairman) * Building Authority Economic Development* Economic Development Economic Develop Fire District * Fire District Public Lands Public Lands Public Lands *
MINUTES OF THE REGULAR MEETING OF THE BOARD OF EMERY COUNTY COMMISSIONERS HELD IN THE EMERY COUNTY COURTHOUSE
JANUARY 17, 2017
Present at the meeting was Commission Chairman Keith Brady, Commissioner Paul Cowley, Commissioner Lynn Sitterud, Attorney Mike Olsen, Deputy Clerk/Auditor Carol Cox, elected officials and citizens.
CONSENT AGENDA
(1) APPROVAL OF CHECK EDIT LIST, REQUISITIONS, AND DISPOSITIONS.
The Warrant Check Edit List #242941 through and including #243075 was presented for payment.
Requisitions were presented for the following:
REQUISITION DESCRIPTION AMOUNT
1-17 30 Bulletproof Vests Sheriff $23,040.00
2-17 Photo ID Camera Sheriff 645.00
There was 1 disposition for a ShorTel 230 phone.
(2) APPROVAL OF MINUTES OF JANUARY 3, 2017 COMMISSION MEETING.
(3) APPROVAL OF DIXIE SWASEY AND TANIE WORTHEN AS NEW MEMBERS OF THE EMERY COUNTY COUNCIL ON AGING AND NUTRITION BOARD.
(4) APPROVAL TO APPOINT CAROLYN CARRASCO AS A NEW MEMBER OF THE EMERY COUNTY LIBRARY BOARD. (5) RATIFICATION OF APPROVAL FOR A COUNTY CREDIT CARD FOR COMMISSIONER LYNN SITTERUD.
(6) RATIFICATION OF APPROVAL TO ADVERTISE FOR 5 OPEN POSITIONS ON THE EMERY COUNTY PUBLIC LANDS BOARD. (7) APPROVAL TO REAPPOINT ROD PLAYER, EDWARD GEARY, AND BRUCE WILSON, AND TO APPOINT RANDALL STILSON AS A NEW MEMBER OF THE EMERY COUNTY PUBLIC LANDS BOARD.
(8) APPROVAL TO ADVERTISE FOR ONE (1) OPEN BOARD POSITION ON THE MUSEUM BOARD.
(9) APPROVAL TO INCREASE MELODY HOFFMAN AND CAMILLE THOMAS’S HOURS AS ASSISTANT LIBRARIANS TO 27 HOURS PER WEEK WITH PRORATED BENEFITS. NO WAGE INCREASE.
(10) APPROVAL TO ADVERTISE FOR TWO (2) OPEN CAREER SERVICE COUNCIL MEMBERS.
(11) APPROVAL TO GIVE GLORIA WILSON A 3% WAGE INCREASE FOR SUCCESSFUL COMPLETION OF HER 6 MONTH ORIENTATION PERIOD. EFFECTIVE 1-30-17.
(12) APPROVAL OF AMBER JONES AS A VOLUNTEER FOR ARCHIVES.
(13) NOTIFICATION- RICK PRICE WAS SELECTED AS AN EQUIPMENT OPERATOR I FOR THE ROAD DEPARTMENT. WORKING 19 3/4 HOURS PER WEEK. NOT ELIGIBLE FOR BENEFITS. WAGE GRADE 16. EFFECTIVE 1-18-17.
(14) NOTIFICATION- REBEKAH HENNES WAS SELECTED AS A PART TIME, TEMPORARY DATA ENTRY EMPLOYEE WORKING FOR THE ROAD DEPARTMENT 19 3/4 HOURS PER WEEK. WAGE GRADE 11.
(15) APPROVAL TO CHANGE THE DUTIES OF GAYLE JENSEN FOR LIEUTENANT TO PATROL SERGEANT, MOVE FROM GRADE 23 FLSA EXEMPT TO GRADE 21 PER HOUR. EFFECTIVE 1-30-17.
(16) APPROVAL TO PROMOTE JANALEE LUKE TO SENIOR ADMINISTRATIVE ASSISTANT AT THE SHERIFF’S OFFICE. MOVE FROM GRADE 11 TO GRADE 14. EFFECTIVE 1-30-17.
Motion to approve the Consent Agenda was made by Commissioner Lynn Sitterud, seconded by Commissioner Paul Cowley, and the motion passed. DISCUSSION AGENDA
(1) ITEMS PULLED FROM THE CONSENT AGENDA.
Nothing
(2) DELIVERY OF DWR’S ANNUAL PILT PAYMENT TO EMERY COUNTY AND UPDATE OF DWR’S ACTIVITIES WITHIN THE COUNTY.
Chris Wood, Regional Supervisor for the Southeast Region presented DWR’s annual Payment in Lieu of Taxes payment in the amount of $2,610.71. The tax comes from revenue received from hunting and fishing licenses sold in Emery County. DWR owns 5,302 acres of land in Emery County as well as manages 2,800 acres of waterfowl land, which is Desert Lake. He reported that the DWR is actively involved in managing wildlife and habitats in Emery County. He talked about the Pheasant Release Program, Turkey Release Program, Chukkar Release Program, Mule Deer Transplant Program and the Treated Fish Project on the Ferron Drainage.
Commissioner Cowley encouraged DWR to remain close to the local hunting and fishing users.
(3) RATIFICATION OF APPROVAL OF APPLICATION FOR PRE-CONSTRUCTION NOTIFICATION FOR ARMY CORPS OF ENGINEERS FOR THE COTTONWOOD CREEK PROJECT-ORANGEVILLE PROJECT SECTION.
An application for pre-construction notification for Army Corps of Engineers for the Cottonwood Creek Project-Orangeville Project Section was signed by the Commission to meet deadline constraints. Ratification of the signing now needs to be approved. Commissioner Paul Cowley made a motion to ratify the signing of an application for pre-construction application for Army Corps of Engineers for Cottonwood Creek Project-Orangeville Project Section. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(4) RATIFICATION OF APPROVAL OF NRCS ADS-78 ASSURANCES RELATING TO REAL PROPERTY FOR THE COTTONWOOD CREEK PROJECT NEAR XTO TO PROTECT COTTONWOOD CREEK IRRIGATION COMPANIES 63" WATER PIPELINE.
Approval of NRCS ADS-78 Assurances relating to real property for the Cottonwood Creek Project near XTO to protect Cottonwood Creek Irrigation Companies 63" water pipeline was signed by the Commission to meet deadline constraints. Ratification of the signing now needs to be ratified. Commissioner Paul Cowley made a motion to ratify the signing of NRCS ADS- 78 Assurances relating to real property for the Cottonwood Creek Project near XTO to protect Cottonwood Creek Irrigation Companies 63" water pipeline. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(5) DISCUSS/APPROVE/DENY DELL PHONE STIPEND FOR COMMISSIONER LYNN SITTERUD.
Commissioner Paul Cowley made a motion to approve of a cell phone stipend in the amount of $45.00 per month for Commissioner Lynn Sitterud. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(6) DISCUSS/APPROVE/DENY AGREEMENT WITH ROMEO ENTERTAINMENT GROUP TO PROCURE AN ACT FOR THE EMERY COUNTY FAIR CONCERT.
Commissioner Paul Cowley made a motion to approve an agreement with Romeo Entertainment Group to procure an act for the Emery County Fair Concert. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(7) DISCUSS/APPROVE/DENY TO CONTINUE WITH THE $100 DISCOUNT TOWARDS A FAMILY PASS AT THE EMERY COUNTY AQUATIC CENTER FOR ALL EMPLOYEES.
Commissioner Brady recommended a prorated discount schedule for employees towards a family pass at the Emery County Aquatic Center for all employees.
Regular Price Employee Price Addl family member Annual Family Pass for 3 $325.00 $225.00 $17.00 Quarterly Family Pass 3 $110.00 $ 76.00 $10.00 Annual individual pass $200.00 $138.00 Quarterly individual pass $ 65.00 $ 45.00 Annual couple pass $275.00 $197.00 Quarterly couple pass $ 90.00 $ 62.00 Annual senior pass $150.00 $104.00 Quarterly senior pass $ 55.00 $ 38.00 Annual senior couple $200.00 $138.00 Quarterly senior couple $ 65.00 $ 45.00
Commissioner Paul Cowley made a motion to approve to approve the prorated discount schedule towards a family pass at the Emery County Aquatic Center for all employees. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(8) RATIFICATION OF APPROVAL TO BE A COOPERATING AGENCY WITH THE BLM ON THE OLD SPANISH TRAIL NATIONAL HISTORIC TRAIL PLANNING.
The signing of the approval to be a cooperating agency with the BLM on the Old Spanish Trail National Historic Trail Planning was done on Friday, January 13, 2017 to meet time constraints and now needs to be ratified. Commissioner Paul Cowley made a motion to ratify the signing of approval to be a cooperating agency with the BLM on the Old Spanish Trail National Trail Historic Planning. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(9) DISCUSS/APPROVE/DENY TO ADVERTISE FOR BIDS FOR OUTDOOR BAT CONTROL AT THE EMERY COUNTY ADMINISTRATION BUILDING.
Commissioner Lynn Sitterud made a motion to dismiss this item from the agenda. The motion was seconded by Commissioner Paul Cowley. The motion passed. (10) DISCUSS/APPROVE DENY THE ANNUAL EEO REPORT AND AFFIRMATIVE ACTION PLAN.
Commissioner Lynn Sitterud made a motion to approve of the Annual EEO Report and Affirmative Action Plan. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(11) DISCUSS/APPROVE/DENY TO GIVE ALL PERSONNEL AT THE SHERIFF’S OFFICE UNDER THE FOLLOWING CATEGORIES A $1.00 PER HOUR WAGE INCREASE: PATROL, CORRECTIONS, DISPATCH, ADMINISTRATION, COOK, AND BRET MILLS. EFFECTIVE 1-30-17
Sheriff, Greg Funk commented that this is something that has been brought up for two years during the budget process. He indicated that he has looked deeper into his department to find a way to get a wage increase for his deputies. He indicated that he has done away with a detective position freeing up the wages and benefits from that position. He asked that as a elected official he be allowed to use his budget to fit his needs. We need to take care of the guys who are out there putting their lives on the line. They have never said no to anything. He added that he has had one deputy that was trained by Emery County and recruited by Utah Highway Patrol because of higher wages. He said he has two deputies that at this time are being recruited by other agencies. The state has stripped away some of their retirement. EC deputies are paid on the low end of the spectrum. He is having a difficult time recruiting. No one wants to be an officer due to the negative sentiment from the public. Commissioner Paul Cowley commented that he appreciates what the SO is doing. Sentiment seems to be negative towards law enforcement everywhere. He added he recognizes the sacrifices you make for this county. Commissioner Brady asked if he has made sure that money is there with Utah Retirement Systems, overtime, etc. as well as absorbing and forwarding into the future. Sheriff Funk indicated that the money is there. He has the money. Captain Kyle Ekker commented that he agreed 100% with what the Sheriff has said. he has been with the department for 31 years and this has been a long process to get new department on the street. He added he felt $1.00 per hour is fair to keep our people here. They are a great asset to this county. We need to support what the Sheriff is doing. Commissioner Paul Cowley made a motion to approve $1.00 per hour wage increase for all personnel at the Sheriff’s Office under the category of Patrol, Corrections, Dispatch, Administration, Cook, and Bret Mills. The motion was seconded by Commissioner Lynn Sitterud. The motion passed. (12) DISCUSS/APPROVE/DENY RECOMMENDATION OF THE TRAVEL BOARD TO OPT-IN TO THE FOLLOWING PROGRAMS OFFERED BY THE UTAH OFFICE OF TOURISM THROUGH THEIR MARKETING SOLUTION COMPANY ADGENUITY: UTAH.com, JUDD FILMS AND MARC PISCOTTI PHOTOGRAPHY.
Tina Carter, Emery County Travel Bureau recommended the Travel Board opt-in to programs offered by the Utah Office of Tourism through their Marketing Solution Company, Adgenuity. Opting in would save the County half of what they would normally spend on advertising. Commissioner Brady added that these programs are a great media tool we can use for our marketing. Commissioner Paul Cowley made a motion to approve allowing the Emery County Travel Bureau to opt-in to UTAH.com, Judd Films and Marc Piscotti Photography as offered by the Utah Office of Tourism through their Marketing Solution Company, Adgenuity. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(13) DISCUSS/APPROVE/DENY ADJUSTING AN AMBULANCE BILL FOR TERRY MORELAND.
EMS Director, Jim Gordon recommended adjusting an ambulance bill for Terry Moreland. Mr. Moreland sent a letter to the Commissioners requesting an adjustment on the mileage. The ambulance transported Mrs. Moreland to Grand Junction following an accident near I-70. Mr. Moreland was treated at the scene but not transported. They were both charged for mileage at $753.60 each for a total of $1,507.20. Mr. Gordon recommended wiping out one of the mileage charges. Commissioner Brady commented that normally the Commissioners have not approved an adjustment to an ambulance bill. However, this adjustment may be considered. Commissioner Paul Cowley made a motion to wipe-out one of the mileage charges for Mr. Moreland adjusting the bill by $753.60 as requested. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(14) DISCUSS/APPROVE/DENY NON COMPETE DISCLOSURE LETTER FROM ROXANNE JENSEN.
Roxanne Jensen explained that her daughter Baylie Thomas is opening a consignment store, “Crafty Lil You” in Huntington where she (Roxanne) may be selling items such as books, crafts, etc. A non compete disclosure letter will alert the Commission that her involvement with the store is in no way affiliated nor connected with her position as an Emery County Librarian. Commissioner Paul Cowley made a motion to accept a non compete disclosure letter from Roxanne Jensen. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(15) COMMISSION/ELECTED OFFICIALS REPORT. Commissioner Brady expressed appreciation to the many volunteers in the county. He recently attended a board training session and recognized the many volunteers who sit on boards throughout the county that serve the citizens of this county. The State Legislature will begin its session on Monday. If anyone has any bill or item they are particularly interested in following please contact one of the Commissioners. Lunch and Learn will be Wednesday at noon at Palenques in Huntington.
(16) ADJOURN
The meeting was adjourned.
ATTEST: COMMISSIONER: MINUTES OF THE REGULAR MEETING OF THE BOARD OF EMERY COUNTY COMMISSIONERS HELD IN THE EMERY COUNTY COURTHOUSE
FEBRUARY 7, 2017
Present at the meeting was Commission Chairman Keith Brady, Commissioner Lynn Sitterud, Attorney Michael Olsen, Deputy Clerk/Auditor Carol Cox, elected officials and citizens. Commissioner Paul Cowley was not present at the meeting. Therefore, Commission Chairman Keith Brady stepped down throughout the meeting to execute motions as needed.
(1) APPROVAL OF CHECK EDIT LIST, REQUISITIONS, AND DISPOSITIONS.
The Warrant Check Edit List #243094 through and including #243224 was presented for payment.
Requisitions were presented for the following:
REQUISITION DESCRIPTION AMOUNT
3-17 (2) Dell Latitude E5570 Computers (3) Dell 6500 Computers IT/Replacement computers $4,314.99
4-17 Watchguard 4RE In-Car Camera System Sheriff-Grant $4,895.00
5-17 Caterpillar Model 299D2 Compact Track Loader Sheriff- Huntington Creek Restoration Pjt. $68,300.00
Dispositions were presented for the following:
143-4995- Office Chair, 580-4763- 25 inch TV, 211-2177- 2014 Ram 1500 Truck
(2) APPROVAL OF MINUTES OF JANUARY 17, 2017 COMMISSION MEETING.
(3) APPROVAL FOR MUSEUM OF THE SAN RAFAEL, DIRECTOR MAEGAN WILBERG, TO GET A COUNTY CREDIT CARD.
(4) APPROVAL FOR OUT OF STATE TRAVEL FOR SHERIFF GREG FUNK TO ATTEND THE WESTERN STATES SHERIFF’S ASSOCIATION ANNUAL CONFERENCE IN RENO, NEVADA.
(5) APPROVAL FOR OUT OF STATE TRAVEL FOR BRET MILLS TO ATTEND THE 2017 NATIONAL TRANSLATOR ASSOCIATION ANNUAL MEETING AND CONVENTION IN DENVER, COLORADO.
(6) APPROVAL TO PROMOTE KIP ALLRED TO AN EQUIPMENT OPERATOR/DRIVER II. MOVE FROM GRADE 16 TO GRADE 17. EFFECTIVE 2-12-17.
(7) NOTIFICATION. STERLING N. DRAGE WAS SELECTED AS A PART TIME MECHANIC FOR THE ROAD SHOP. WAGE GRADE 16.
(8) NOTIFICATION. KORENE MERRELL HAS BEEN SELECTED AS A PART TIME ASSISTANT LIBRARIAN IN CLEVELAND. WORKING 16 HOURS PER WEEK. WAGE GRADE 7.
(9) APPROVAL FOR OUT OF STATE TRAVEL FOR TINA CARTER TO ATTEND THE GO WEST SUMMIT IN NEVADA FEBRUARY 19TH-24TH.
(10) APPROVAL TO REAPPOINT JOSHUA ROWLEY AS AN EASTERN MEMBER OF THE TRAVEL BUREAU BOARD.
(11) APPROVAL TO GIVE MAEGAN CROSLAND A 3% WAGE INCREASE FOR SUCCESSFUL COMPLETION OF HER 6 MONTH ORIENTATION PERIOD. EFFECTIVE 2-12-17.
(12) APPROVAL TO APPOINT GARY S. WILSON AND ETHAN MIGLIORI TO THE CAREER SERVICE COUNCIL TO FILL THE EXPIRED TERM OF JUDY SCOTT AND THE UNEXPIRED TERM OF RANDY JENSEN.
Motion to approve the Consent Agenda was made by Commissioner Lynn Sitterud, seconded by Commissioner Keith Brady, and the motion passed.
DISCUSSION AGENDA
(1) ITEMS PULLED FROM THE CONSENT AGENDA.
Nothing
(2) PRESENTATION BY SUZANNE ANDERSON TO EXPLAIN THE EMERY COUNTY ARCHIVES DEPARTMENT AND THE BENEFITS OF NEWLY ADDED RESOURCES THAT THE DEPARTMENT HAS RECENTLY RECEIVED.
Suzanne Anderson provided a brief history of the Emery County Archives Department. The program began as a pilot program in 2001 with a mission to establish a repository for a history of the life and culture in the area. Emery County is one of 11 repositories in the state. The purpose is to have historical materials available for research by citizens. Suzanne talked about the lack of adequate space available for storing the materials and records that people have donated to the Archives program. She also reminded the Commissioners of an agreement between the Museum of the San Rafael and the Historical Society to allow them to use the Museum free of charge to hold their Historical Society meetings and events. Dixie Swasey indicated that she was on the Museum Board at the time that the Museum building was built and it was her understanding that because of a contribution from the Historical Society for the construction of the building that the Historical Society was to have a room dedicated for them and be allowed to use the building rent free. The room did not happen. Evelyn Huntsman reported that the Historical Society is a wonderful society that many people in this area find interesting and the attendance to their events has been great. Suzanne indicated that she was told that the Historical Society needed to readdress the no fee for the use of the building request each year. Maegan Wilberg, Museum of the San Rafael Director indicated that the building will be housing an exhibit from the Smithsonian and will not be available to be rented for a time. The Historical Society will hold their meetings and functions in the Courthouse Swell Room until the building is free to use again. Attorney Michael Olsen indicated that he will look into creating a MOU to allow the Historical Society to use the MOSR without having to return to the Commissioners each year for that permission.
(3) DISCUSS/APPROVE/DENY JOEY BIRCH AS CASTLE DALE LIBRARIES MARCH STEM CONTRACT PARTNER.
Commissioner Lynn Sitterud made a motion to approve Joey Birch as Castle Dale Library’s March Stem Contract Partner. The motion was seconded by Commissioner Keith Brady. The motion passed.
(4) DISCUSS/APPROVE/DENY AGREEMENT WITH UAC FOR UNEMPLOYMENT COST MANAGEMENT SERVICES.
Personnel Director Mary Huntington explained that Emery County has been processing their own Unemployment Claims. She stated that in all the years she has been here the County has only won 2 claims. UAC is now processing Unemployment Claims. The cost is $1,200.00 per year to defend the county on these claims. Mary proposed utilizing this service for one year to see if it is beneficial for the County. Commissioner Keith Brady made a motion to approve utilizing UAC for Unemployment Cost Management Services. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(5) DISCUSS/APPROVE/DENY CONTRACT BETWEEN EMERY COUNTY AND DORY PEACOCK FOR COMEDIAN PERFORMANCE AT THE 2017 EMERY COUNTY FAIR.
Commissioner Keith Brady reported that this contract is for $150.00 for a performance during the 2017 Emery County Fair. Commissioner Lynn Sitterud made a motion to approve a contract between Emery County and Dory Peacock for comedian performance at the 2017 Emery County Fair. The motion was seconded by Commissioner Keith Brady.
(6) DISCUSS/APPROVE/DENY CONTRACT BETWEEN EMERY COUNTY AND ETHAN WILLIAMS FOR MAGICIAN PERFORMANCE AT THE 2017 EMERY COUNTY FAIR.
Commissioner Keith Brady reported that this contract is for $350.00. Commissioner Lynn Sitterud made a motion to approve a contract between Emery County and Ethan Williams for magician performance at the 2017 Emery County Fair. The motion was seconded by Commissioner Keith Brady. The motion passed.
(7) DISCUSS/APPROVE/DENY CONTRACT BETWEEN EMERY COUNTY AND ETHAN WILLIAMS FOR THE MURDER MYSTERY PERFORMANCE OF “MURDER @ THE SWELL CASINO” SCHEDULED FOR FEBRUARY 25, 2017.
Commissioner Keith Brady indicated that this contract is for $75.00 and will take place on February 25, 2017 at the (old) Castle Dale City Building. Commissioner Lynn Sitterud made a motion to approve a contract between Emery County and Ethan Williams for the Murder Mystery performance of “Murder @ the Swell Casino” scheduled for February 25, 2017. The motion was seconded by Commissioner Keith Brady. The motion passed.
(8) DISCUSS/APPROVE/DENY ACCEPTANCE OF A TIME EXTENSION AND ADDITIONAL FUNDING FROM THE STATE OF UTAH COMMISSION ON CRIMINAL AND JUVENILE JUSTICE (CCJJ) FOR THE EMERY COUNTY JAIL RISK AND NEEDS SCREENING DIAGNOSIS AND ASSESSMENT PROJECT, GRANT # 15A50.
Sheriff Funk explained that the state had a surplus in JRI funds and they have applied for a portion of these funds. This is a grant application for extension of time to use the funds. Commissioner Lynn Sitterud made a motion to approve acceptance of a time extension and additional funding from the State of Utah Commission on Criminal and Juvenile Justice (CCJJ) for the Emery County Jail Risk and Needs Screening Diagnosis and Assessment Project, Grant #15A20. The motion was seconded by Commissioner Keith Brady. The motion passed.
(9) COMMISSION/ELECTED OFFICIALS REPORT
Sheriff Funk reported that the State is investing money in the Juvenile Justice Program.
Commissioner Brady reminded everyone to inform the Commissioners if they have any bills in the Legislature that they would like to have monitored. There are several bills in the legislature that the Commission is watching closely. He reported that he was pleased to hear that the Forest Service and Trails Committee is currently looking at widening several trials in the county.
(10) ADJOURN
The meeting was adjourned.
ATTEST: COMMISSIONER: MINUTES OF THE REGULAR MEETING OF THE BOARD OF EMERY COUNTY COMMISSIONERS HELD IN THE EMERY COUNTY COURTHOUSE
FEBRUARY 21, 2017
Present at the meeting was Commission Chairman Keith Brady, Commissioner Paul Cowley, Commissioner Lynn Sitterud, Attorney Mike Olsen, Deputy Clerk/Auditor Carol Cox, elected officials and citizens.
CONSENT AGENDA
(1) APPROVAL OF CHECK EDIT LIST, REQUISITIONS, AND DISPOSITIONS.
The Warrant Check Edit List #243268 through and including #243384 was presented for payment.
Requisitions were presented for the following:
REQUISITION DESCRIPTION AMOUNT
6-17 Portable Pool Vacuum Aquatic Center $ 555.03
There was one disposition for #580-6801 & 580-6799.
(2) APPROVAL OF MINUTES FOR FEBRUARY 07, 2017 COMMISSION MEETING.
(3) APPROVAL TO REAPPOINT MORRIS SORENSEN AS A MEMBER OF THE EMERY WATER CONSERVANCY DISTRICT BOARD.
(4) APPROVAL TO START THE RECRUITMENT PROCESS FOR A SEASONAL WORKER AT THE MUSEUM OF THE SAN RAFAEL.
(5) APPROVAL OF BRANDON WILBERG AND ALEX URGUHART AS VOLUNTEERS FOR THE MUSEUM OF THE SAN RAFAEL.
(6) APPROVAL TO GIVE KAREN RICHARDS A 3% WAGE AND 3% COLA INCREASE FOR SUCCESSFUL COMPLETION OF HER 6 MONTH ORIENTATION PERIOD. Motion to approve the Consent Agenda was made by Commissioner Paul Cowley, seconded by Commissioner Lynn Sitterud , and the motion passed.
DISCUSSION AGENDA
(1) ITEMS PULLED FROM THE CONSENT AGENDA.
Nothing.
(2) PUBLIC HEARING: FOUR CORNERS COMMUNITY BEHAVIORAL HEALTH TO DISCUSS MENTAL HEALTH AND SUBSTANCE ABUSE DISORDERS.
Karen Dolan, Four Corners Community Behavioral Health came before the Board of Commissioners to discuss mental health and substance abuse disorders for the Carbon, Emery and Grand County communities. Ms. Dolan provided a history presentation of the program and is accomplishments.
Commissioner Paul Cowley made a motion to leave the regular meeting and open a public hearing to receive comments regarding Four Corners Behavioral Health and mental health and substance abuse disorders for communities in Emery County, and at the conclusion of the public hearing to return to the regular meeting. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
Public Hearing:
Kayla Carter address the Commissioners stating that she is a resident of Emery County and a client of Four Corners Behavioral Health and the Drug Court Program. She stated that “if not for the Drug Court Program and FCBH she would not be where she is today. The program has helped me improve my quality of life and become a productive member of our community.”
There were no more comments.
The Commissioners returned to the regular meeting schedule.
(3) OPEN AND REVIEW SEALED BIDS FOR THE EMERGENCY WATERSHED PROJECT: SOUTHEAST OF CASTLE DALE PROJECT SITE.
Sealed Bids were opened and read aloud for the Emergency Watershed Project, Southeast of Castle Dale Project Site.
1) Nielson Construction $274,150.00 2) TSJ Construction $214,083.95 3) Nelco Construction $292,388.00 4) Perco Rock $183,748.00
Commissioner Lynn Sitterud made a motion to allow time to compare the bids for accuracy and then based upon the review to award the bid to the lowest bidder. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(4) DISCUSSION /APPROVE/DENY A BUSINESS LICENSE FOR VAHE ZEYNALYAN FOR ANY CRAFT NEAR ORANGEVILLE.
Commissioner Brady explained that Any Craft is a business in partnership with Summa Robotics. Both businesses will be operating out of the same building. Commissioner Paul Cowley made a motion to approve a business license for Vahe Zeynalyan DBA: Any Craft. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(5) DISCUSSION/APPROVE/DENY A BUSINESS LICENSE FOR KASEY EDGEHOUSE FOR KASEY’S PRO SHOP NEAR FERRON.
Commissioner Brady explained that Kasey Edgehouse has been hired at Millsite Golf Course as their golf pro. The name of the Pro Shop needs to be officially changed to Kasey’s Pro Shop. Commissioner Paul Cowley made a motion to approve a business license for Kasey Edgehouse DBA: Kasey’s Pro Shop. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(6) DISCUSSION/APPROVE/DENY TO WAIVE RENTAL FEE FOR USE OF AQUATIC CENTER FOR GRAD NIGHT.
Commissioner Lynn Sitterud made a motion to approve waiving the rental fee for use of the Aquatic Center for Grad Night. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(7) DISCUSS/APPROVE/DENY MOU BETWEEN STATE OF UTAH SCHOOL AND INSTITUTIONAL TRUST LANDS ADMINISTRATION, UNITED STATES DEPARTMENT OF INTERIOR BUREAU OF LAND MANAGEMENT AND EMERY COUNTY FOR THE MANAGEMENT AND MAINTENANCE OF THE GOOD WATER RIM TRAIL.
Ray Petersen’s recommendation was to table this matter to allow time to meet key personnel on the issue. Commissioner Lynn Sitterud, upon recommendation from Public Lands Director Ray Petersen, made a motion to table this item. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(8) DISCUSS/APPROVE/DENY COOPERATIVE LAW ENFORCEMENT ANNUAL OPERATING PLAN AND FINANCIAL PLAN BETWEEN EMERY COUNTY SHERIFF’S OFFICE AND THE USDA FOREST SERVICE, MANTI-LASAL NATIONAL FOREST.
Sheriff Greg Funk reported that the Law Enforcement Annual Operating Plan and Financial Plan between Emery County Sheriff’s Office and the USDA Forest Service is for reimbursement of $5,000.00 for routine patrol on the forest and extra patrol if needed like during a fire situation. Attorney Mike Olsen pointed out some wording corrections on the document. Commissioner Paul Cowley made a motion to approve of Cooperative Law Enforcement Annual Operating Plan and Financial Plan between Emery County Sheriff’s Office and the USDA Forest Service, Manti-LaSal National Forest with the amended wording as recommended by Attorney, Mike Olsen. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(9) DISCUSS/APPROVE/DENY A DONATION OF $250.00 TO THE EMERY HIGH RODEO TEAM FOR THE 2017 RODEO SEASON.
Makayla Jensen and Hayden Cloward from the Emery High Rodeo Team came before the Board of Commissioners to request a Diamond Sponsorship in the amount of $250.00 for the rodeo team. April 8th will be their home rodeo. In the past they have attracted many people from other communities to attend their rodeos. Commissioner Cowley added that the Rodeo Team is not sponsored by the school district. It is costly for the members to pay their own way to travel to rodeos, pay their entrance fees and maintain their animals. It is a great activity that benefits the students and the communities of Emery County. Commissioner Paul Cowley made a motion to approve a $250.00 donation to be a Diamond sponsor of the Emery High Rodeo Team. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(10) DISCUSS/APPROVE/DENY SUPPLEMENTAL WATERSHED PLAN AGREEMENT #3 BETWEEN THE FERRON CANAL AND RESERVOIR COMPANY, CITY OF FERRON, EMERY COUNTY, SAN RAFAEL CONSERVATION DISTRICT, EMERY WATER CONSERVANCY DISTRICT, UTAH STATE DIVISION OF PARK AND RECREATION, UTAH STATE DIVISION OF WILDLIFE RESOURCES AND THE NRCS.
Captain Kyle Ekker explained that the Supplemental Watershed Plan Agreement #3 between the Ferron Canal and Reservoir Company, City of Ferron, Emery County, San Rafael Conservation District , Emery Water Conservancy District, Utah State Division of Park and Recreation, Utah State Division of Wildlife Resources and the NRCS is a necessary document that will move the Millsite Dam project forward. Commissioner Paul Cowley made a motion to approve the Supplemental Watershed Plan Agreement #3 as presented. The motion was seconded by Commissioner Lynn Sitterud. The motion passed
(11) DISCUSS/APPROVE/DENY INVITATION FROM PRICE FIELD OFFICE TO PARTICIPATE IN SAN RAFAEL DESERT TRAVEL MANAGEMENT PLAN AS A CONSULTING PARTY, AND TO APPOINT A COUNTY REPRESENTATIVE AND ALTERNATE TO PARTICIPATE ON BEHALF OF THE COUNTY.
Public Lands Director, Ray Petersen recommended accepting the invitation from the BLM, Price Field Office to be a participating consultant in the San Rafael Desert Travel Management Plan. Commissioner Lynn Sitterud made a motion to approve, upon recommendation from Ray Petersen, to participate with Price Field Office in San Rafael Desert Travel Management Plan as a consulting party and appoint Ray Petersen as Emery County’s representative and Commissioner Lynn Sitterud as alternate to participate on behalf of Emery County. The motion was seconded by Commissioner Paul Cowley. The motion passed. (12) DISCUSS/APPROVE/DENY CONTRACT BETWEEN EMERY COUNTY AND TENNANT LAWN CARE FOR THE AQUATIC CENTER, MUSEUM OF THE SAN RAFAEL, CASTLE DALE SENIOR CITIZEN CENTER, AND THE COUNTY ADMINISTRATIVE BUILDING.
The lawn care contract contained a provision to renegotiate the contract after the first of the year. The contract has added the Aquatic Center to the list of lawns to be cared for. The contract is for three years. Commissioner Paul Cowley made a motion to approve a contract between Emery County and Tennant Lawn Care for the Aquatic Center, Museum of the San Rafael, Castle Dale Senior Citizen Center, and the County Administrative Building. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(13) COMMISSION/ELECTED OFFICIALS REPORT.
Commissioner Brady asked Randy Johnson to provide information regarding legislative activity during the legislative session at the state capital. He reported on the progress of several bills that are of interest to the county and its citizens.
Jordan Leonard reported on Economic Development activity in the County. Gagon’s Medical Center in Huntington is moving along. The center is making good use of a building in Huntington as well as providing a much needed service and employing staff from the county. Three solar companies are interested in locating in the county. The Robotics Club is doing great things. The students are placing very well at competitions throughout the state. House Bill 190 is a bill that helps send money our way to fund stem education in the county. Summa Robotics and Any Craft are looking to hire individuals with the skills that they require to operate their business. The workforce is a challenge. Economic Development is currently managing 9 loans. The program is helping to move forward opportunities for small businesses in the county. Tina Carter is attending a tourism conference promoting Emery County to individuals who are interested in visiting our area. Commissioner Brady reported on Rural Day on the Hill and the Governor’s hope to have 25,000 jobs created in rural communities in Utah. He expressed concern that the infrastructure in rural counties may be a challenge. They still do not have natural gas in our rural communities of Green River, Elmo, and Emery.
(14) ADJOURNMENT
The meeting was adjourned.
ATTEST: COMMISSIONER: MINUTES OF THE REGULAR MEETING OF THE BOARD OF EMERY COUNTY COMMISSIONERS HELD IN THE EMERY COUNTY COURTHOUSE
MARCH 7, 2017
Present at the meeting was Commission Chairman Keith Brady, Commissioner Paul Cowley, Commissioner Lynn Sitterud, Attorney Mike Olsen, Deputy Clerk/Auditor Carol Cox, elected officials and citizens.
CONSENT AGENDA
(1) APPROVAL OF CHECK EDIT LIST, REQUISITIONS, AND DISPOSITIONS
The Warrant Check Edit List #243435 through and including #243519 was presented for payment.
There were no requisitions or dispositions.
(2) APPROVAL OF FEBRUARY 21, 2017 COMMISSION MINUTES.
(3) APPROVAL TO RE-APPOINT KENT WILSON TO THE CASTLE VALLEY SPECIAL SERVICE DISTRICT BOARD OF DIRECTORS.
(4) NOTIFICATION. LANORA RICHARD SELECTED AS A PART TIME JANITOR FOR THE GREEN RIVER LIBRARY. GRADE 6.
(5) APPROVAL TO APPOINT KASEY EDGEHOUSE TO THE EMERY COUNTY RECREATION DISTRICT BOARD TO REPRESENT FERRON.
(6) APPROVAL TO PROMOTE MICHAEL GRANGE FROM A CORRECTION OFFICER 1 TO PATROL DEPUTY 1 FOR SUCCESSFUL COMPLETION OF LEO. MOVE FROM GRADE 15 TO GRADE 16. EFFECTIVE 3-12-17.
(7) APPROVAL TO GIVE LAURA HURST A 3% WAGE INCREASE AND THE 3% COLA, AND $1.00 PER HOUR INCREASE (APPROVED THE FIRST OF 2017) FOR SUCCESSFUL COMPLETION OF HER 6 MONTH ORIENTATION PERIOD. GRADE 14. EFFECTIVE 3-12-17. (8) APPROVAL TO GIVE CLIFTON MCELPRANG A 3% WAGE INCREASE AND THE 3% COLA, (APPROVED THE FIRST OF 2017) FOR SUCCESSFUL COMPLETION OF HIS 6 MONTH ORIENTATION PERIOD. GRADE 16. EFFECTIVE 3-12-17.
(9) CLARIFICATION. THE INTENT OF THE RECENT COMMISSION APPROVAL OF THE $1.00 PER HOUR INCREASE FOR THE SHERIFF’S OFFICE WAS TO ADJUST THEIR PAY SCALE UP BY $1.00.
Motion to approve the Consent Agenda was made by Commissioner Lynn Sitterud, seconded by Commissioner Paul Cowley, and the motion passed.
DISCUSSION AGENDA
(1) ITEMS PULLED FROM THE CONSENT AGENDA
Nothing
(2) DISCUSS/APPROVE/DENY RESOLUTION OF THE COUNTY COMMISSIONER OF EMERY COUNTY, UTAH , ACTING AS THE GOVERNING BODY OF THE CASTLE VALLEY SPECIAL SERVICE DISTRICT, AUTHORIZING NOT MORE THAT $900,000 GENERAL OBLIGATION BONDS, SERIES 2017, FIXING THE MAXIMUM AMOUNT, MATURITY, INTEREST RATE, AND DISCOUNT ON THE BONDS; PROVIDING FOR THE PUBLICATION OF A NOTICE OF PUBLIC HEARING AND OF BONDS TO BE ISSUED; PROVIDING FOR THE RUNNING OF A CONTEST PERIOD; AND RELATED MATTERS.
Jacob Sharp, CVSSD came before the Board of County Commissioners to request approval for Resolution 3-7-17A authorizing not more than $900,000.00 General Obligation Bonds, Series 2017, fixing the maximum amount, maturity, interest rate, and discount on the bonds, and providing for publication of a notice of public hearing and of bonds to be issued, and running of a contest period. He explained that these bonds are part of the 12.5 million dollar voter approved bonds issued in 2009. They have 10 years to use the money. 2019 will be the final year of these voter approved General Obligation Bonds. The $900,000.00 is a loan which will be added to a $619,000.00 grant to do culinary improvements, water projects, street improvements, etc. in the county. The resolution sets the date for a public hearing which is April 4, 2017 and they will be closing on the loan on April 10, 2017. Patsy Stoddard, Emery County Progress asked Jacob for the balance remaining on the bonds after this bond is approved. Jacob answered with, $1.8 million. This amount will allow for the same amount of bond money in the next two years. After that they will, if it is the object of their board, to go back to the citizens of the county for another voter approved General Obligation Bond.
Commissioner Lynn Sitterud made a motion to approve Resolution 3-7-17A authorizing not more than $900,000.00 General Obligation Bonds, Series 2017, fixing the maximum amount, maturity, interest rate, and discount on the bonds, and providing for publication of a notice of public hearing and of bonds to be issues, and running of a 30 day contest period and other related matters. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(3) DISCUSS/APPROVE/DENY 2017 CIB LIST.
Commissioner Paul Cowley made a motion to approve the 2017 CIB List of projects. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(4) DISCUSS/APPROVE/DENY MOVING FORWARD WITH A COMMUNITY REINVESTMENT AREA.
Adam Long, Smith/Hartvigsen came before the Board of Commissioners to explain a Community Reinvestment Area which is basically a redevelopment agency. By Utah Code local governments (counties and municipalities) are given one set of tools to do economic development stuff. This can be anything from site re-mediation, tax incentives, buying parcels and making them sellable, etc. Just about any project has a development aspect. The CRA is a separate entity set up by the Board of Commissioners. It is governed by the Commissioners but is separate from the county. The agency acts within project areas. Economic Development is limited by statute and case law. The county can create a development agency. The county can not give away property for development, but the agency can do that. The agency could be made up of the County, EC School District, SSD#1, Water Conservancy District, etc., (taxing entities) who share x amount of tax revenue with the agency for an x amount of time by way of interlocal agreements. Commissioner Brady asked for clarification of Agency vs Area. He commented that the way he understands it the agency would be the county and the area would be a specific plot within the county that maybe needs some development such as infrastructure or impact fees for the area to forward the development of that area. The agency would require a budget. Adam explained that the agency would need seed money. Commissioner Brady asked how much of a budget would it require? Adam answered that it depends on what the project would require and how you want to allocate costs. The agency works basically like a county department. There are requirements that have to be met by statute. Agency would need to create an area agency plan and a project area budget a projection of revenue and costs over the lifetime of the project. The process to create an agency involves the Commission creating an ordinance that says it is going to happen. Commissioner Brady asked questions regarding incentives. Ethan Hurdsman asked, “What benefits do you see to promote getting people to bring business to the county?” Adam answered that it depends on the project. We have talked about a solar project. This project would bring in tax revenue with no demand on county services. It would bring in temporary construction jobs during the construction phase and maybe a couple of permanent jobs. Phil Fauver asked “Would a CRA be useful in putting in a gas line for Green River?” it is probably beyond the scope of an agency. Green River does have an agency in place for when it is needed. Attorney Mike Olsen commented, “you have talked about a solar project, Is that why you are here today? Mr. Long answered that the solar project is certainly on the front burner. However, the CRA would help with other projects as well. Commissioner Brady asked what other project he has seen done with a CRA. Are there any that can bring in jobs or create tax revenue? The solar project is asking for a tax abatement on their personal property. The county cannot legally grant anyone special treatment, but an agency can. Commissioner Brady stated he is for creating an agency for future projects that have special needs. After much discussion on this issue, Commissioner Paul Cowley made a motion to table this matter to allow time to get answers to their questions. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(5) DISCUSS/APPROVE/DENY RESOLUTION TO FORM AN EMERY COUNTY FAIR ADVISORY BOARD.
Commissioner Brady explained that the Emery County Fair is no longer under the direction of the Recreation SSD so the Commission recommends forming an advisory board to oversee the Fair. Commissioner Paul Cowley made a motion to approve Resolution 3-7-2017B forming an Emery County Fair Advisory Board. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(6) DISCUSS/APPROVE/DENY THE BY-LAWS FOR THE EMERY COUNTY FAIR ADVISORY BOARD.
Commissioner Paul Cowley made a motion to approve the by-laws for the Emery County Fair Advisory Board. The motion was seconded by Commissioner Lynn Sitterud. The motion passed
(7) DISCUSS/APPROVE/DENY MOU BETWEEN STATE OF UTAH SCHOOL AND INSTITUTIONAL TRUST LANDS ADMINISTRATION (SITLA) AND UNITED STATES DEPARTMENT OF INTERIOR BUREAU OF LAND MANAGEMENT PRICE FIELD OFFICE AND EMERY COUNTY FOR THE MANAGEMENT AND MAINTENANCE ON THE GOOD WATER RIM TRAIL.
Commissioner Paul Cowley made a motion to table this item until a later date. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(8) DISCUSS/APPROVE/DENY COOPERATIVE AGREEMENT BETWEEN UTAH STATE UNIVERSITY EXTENSION SERVICES AND EMERY COUNTY
Commissioner Paul Cowley made a motion to approve a Cooperative Agreement between Utah State University Extension Services and Emery County. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(9) DISCUSS/APPROVE/DENY MARKETING FUNDS FOR THE EMERY COUNTY FAIR.
Tina Carter discussed the Travel Bureau’s approval of marketing funds for the Emery County Fair. The board approved $3,500.00 to be used for advertising. Commissioner Paul Cowley made a motion to approve marketing funds in the amount of $3,500.00 for the Emery County Fair. The motion was seconded by Commissioner Lynn Sitterud. The motion passed. The marketing funds come from Transient Room Taxes that are earmarked for business marketing in the county.
(10) DISCUSS/APPROVE/DENY MARKETING FUNDS FOR THE TAMARISK RESTAURANT IN GREEN RIVER.
Tina Carter explained that the Tamarisk Restaurant in Green River has requested funds for a billboard sign. The total cost of the project is $9,810.00. They have requested $3,500.00 from the Travel Bureau. Commissioner Sitterud expressed concern that all businesses have the same opportunity to receive these funds. Tina indicated that all businesses have a opportunity to apply for these funds. Tamarisk Restaurant is the only restaurant business so far who has applied
Commissioner Lynn Sitterud made a motion to approve marketing funds in the amount of $3, 500.00 for Tamarisk Restaurant in Green River. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(11) DISCUSS/APPROVE/DENY MARKETING FUNDS FOR THE JOHN WESLEY POWELL MUSEUM IN GREEN RIVER.
Jordan Leonard explained that the John Wesley Powell Museum in Green River has requested marketing funds to redo their flyers that are distributed in the information center. The flyers indicated places to visit while in Green River as well as eating establishments, and other valuable information. They have requested $1,000.00 towards the total project cost of $2,000.00. Commissioner Paul Cowley made a motion to approve marketing funds in the amount of $1, 000.00 for the John Wesley Powell Museum in Green River. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(12) DISCUSS/APPROVE/DENY MARKETING FUNDS FOR THE MECCA BIKE CLUB.
Jordan explained that the marketing funds for the MECCA Bike Club will go towards marketing to various bike clubs in and out of the state. Steve Barton indicated that this will be for their spring biking event which will originate in Huntington this year. They host approximately 80 people from all over the state as well as some from out of state. They encourage the bikers to stay in the county and shop locally. Jordan explained that they have requested $3,500.00. Commissioner Paul Cowley made a motion to approve $3,500.00 for the MECCA Bike Club. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(13) DISCUSS/APPROVE/DENY TAX ABATEMENT FOR BACK TAXES ON PARCEL #01-0180-0025 AND #01-0180-0022 IN HUNTINGTON.
Bruce Yost, Eastern Utah Community Credit Union came before the Board of Commissioners to discuss a possible tax abatement for back taxes on Parcel #01-0180-0025 and #01-0180-0022 in Huntington. He explained that this property has been in foreclosure since 2013. The property is assessed at $395,000.00. They were asking $199,000.00. They have received an offer of $135, 000.00 to purchase the property. The bank would love to get it off of their books. The bank is asking the county for some type of relief on the taxes such as a reduction in property taxes or relief of the penalty and interest. Steve Barton commented that it sounds like the bank is asking the county to take less so that the bank can take more. We can have the Assessor go look at the property and assess the value going forward. After discussion on this matter the Commissioners asked the bank to wait 2 weeks to allow time for the County Assessor to look at the assessment. Commissioner Paul Cowley made a motion to postpone any decision for two weeks or possibly sooner on this matter. The motion was seconded by Commissioner Lynn Sitterud. The motion passed. (14) DISCUSS/APPROVE/DENY AUTHORIZING TREASURER, STEVE BARTON, TO GRANT APPROVE OF DEFERRAL AGREEMENTS AFTER TODAY’S COMMISSION MEETING, BUT PRIOR TO MARCH 15 TAX SALE LISTINGS BEING SUBMITTED TO THE CLERK/ AUDITOR’S OFFICE, AND THEN SUBMITTING THOSE DEFERRAL AGREEMENTS AS RATIFICATIONS ON THE MARCH 21 COMMISSION MEETING.
Treasurer Steve Barton explained that there are, at this time, 28 properties on the list that will be given to the Clerk/Auditor’s office on March 15, 2017. Out of those 28, 16 are homes. The deferral program is offered to these property owners to assist them in clearing up the property before the 15th to avoid the $300.00 administrative fee that will be charged after that date. The administrative fee covers the cost of title search and advertising. The agreement allows the property owner an extension until November 30 to pay the tax. He added that Emery County is taxpayer friendly and his office makes every effort to keep the taxpayer informed of their status. He indicated that he has had four property owners come forward who have requested the extension. These four are on the agenda for approval today. There will be others who will request an extension. He asked for approval to offer the program to those who request participation between today and the 15th and have those agreements ratified in the March 21st Co mmission Meeting. Commissioner Sitterud requested to have a Commissioner involved in the deferral process. Mr. Barton indicated that this program has been used for several years and has worked well. Commissioner Lynn Sitterud made a motion to approve deferral agreements for after today’s meeting but prior to March 15, 2017 sale listings to be ratified in the March 21, 2017 Commission Meeting. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(15) DISCUSS/APPROVE/DENY DEFERRAL AGREEMENT FOR THE PAYMENT OF REAL PROPERTY TAXES THAT ARE FIVE (5) YEARS PAST DUE FOR DENNIS L. AND GWEN WHITE OF HUNTINGTON.
Steve Barton indicated that letters have been submitted by the property owners stating the extent of their hardship to pay the taxes. The Commissioners were given a copy of the letters.
The first deferral agreement is for Dennis L. and Gwen White of Huntington. Commissioner Paul Cowley made a motion to approve a deferral agreement for payment of real property taxes that are five (5) years past due for Dennis L. and Gwen White. The motion was seconded by Commissioner Lynn Sitterud. The motion passed. (16) DISCUSS/APPROVE/DENY DEFERRAL AGREEMENT FOR THE PAYMENT OF REAL PROPERTY TAXES THAT ARE FIVE (5) YEARS PAST DUE FOR JERRY AND CONNIE GAYLER OF HUNTINGTON.
Commissioner Paul Cowley made a motion to approve a deferral agreement for the payment of real property taxes that are five (5) years past due for Jerry and Connie Gayler. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(17) DISCUSS/APPROVE/DENY DEFERRAL AGREEMENT FOR THE PAYMENT OF REAL PROPERTY TAXES THAT ARE FIVE (5) YEARS PAST DUE FOR LORIN A. AND ALICE D. ISRAELSEN OF CASTLE DALE.
Commissioner Paul Cowley made a motion to approve a deferral agreement for the payment of real property taxes that are five (5) years past due for Lorin A. and Alice D. Israelsen. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(18) DISCUSS/APPROVE/DENY DEFERRAL AGREEMENT FOR THE PAYMENT OF REAL PROPERTY TAXES THAT ARE FIVE (5) YEARS PAST DUE FOR DOUGLAS BLACKBURN.
Commissioner Paul Cowley made a motion to approve a deferral agreement for the payment of real property taxes that are five (5) years past due for Douglas Blackburn. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(19) DISCUSS/APPROVE/DENY WRITING OF SUPPORT FOR THE TITLE TRANSFER FOR THE EMERY COUNTY PROJECT.
Jay Mark Humphrey, Emery Water Conservancy District came before the Board of Commissioners to request a letter of support for the title transfer for the Emery County Project. He explained that the Emery County Project is everything that the Bureau of Reclamation built in Emery County in the early 60's. Emery Water Conservancy District was organized in 1962 to fund the construction cost and operation/maintenance of the Emery County Project which is Joe’s Valley Reservoir, Swasey Diversion Dam, Cottonwood Creek, Huntington Canal/ Huntington North Reservoir, and Service Canal and an underground drainage project in the Cottonwood/Huntington area. In 1970 Emery Water Conservancy District took over operation and maintenance of the project. The Bureau of Reclamation had to get storage rights for Joe’s Valley Reservoir. They were relinquished by the local water users. One has a 1922 water storage right and the other a 1940 water storage right. These are very good water rights in the State of Utah. The Bureau took the water rights as collateral for the construction costs of the project. In 1972 PacifiCorp/Utah Power came in and wanted to build power plants in Emery County. The contract was modified to give industrial water out of this project. The project yields 28,100 acre feet water per year out of the project. There has been only 4 o5 years over the life of the project that they did not deliver that amount of water. It was modified again in 1987 to add another 2, 576 acre feet of agriculture water to industry to secure the water consumption of the power plant. Also 189 acre feet went to Castle Valley Special Service District which in turn went to Huntington City. In 1994 Orangeville/Castle Dale got 100 acre feet of water. Originally the project was strictly for agriculture. Now they have industry and municipal water included in the project. In 2015 they asked the Bureau to pay of the project 6 years early. The Bureau stalled on it , they would not accept our money. They had to get a lobbyist in Washington, Congressman Chaffetz’s office to help us to get the Bureau to allow us to pay the project off. Last November we paid the last payment on the project. They do not owe the federal government a dime on the Emery County Project. In the December 2015 board meeting they voted to go after title transfer. In other words take the title from the federal government, get their water rights back, and have local control of the project. The Bureau didn’t like that. Jay met with the Congressional Delegation in 2016 in Washington to see what the atmosphere was like. The delegation were all in support of bringing the water rights back to local control. They met with the Bureau in January and February to get their process. They have a check list of what should happen in their eyes. When he met with the Congressional Delegation in Washington last week he met with Kyle Weaver, Deputy Director over Natural Resources over water, power and the ocean. The atmosphere in Washington has changed. There is a more positive atmosphere. He met with Representative Rob Bishop he indicated that if he gets a bill there he will push it through the legislature. Mr. Humphrey stated he was here today to seek local support from the Emery County Commissioners for returning the water rights to Utah for local control. Commissioner Brady asked Mr. Humphrey what he felt would be the benefit of having the water rights returned to Utah? Mr. Humphrey indicated that we would have control over the water rights. But the biggest things is we have paid off the loan. We should have the water rights returned to us. The Water Conservancy Board of Directors would have the control not the federal government. Right now the Bureau tells us when maintenance needs to be done on our dime. Without the water rights we cannot go to a lending institution to procure the funds needed to do any repairs. Mr. Humphrey indicated that water and coal is what makes Emery County and we need to protect it. Craig Johansen, Emery Water Conservancy District Board of Directors commented that the Water Conservancy District does not have anything to leverage to get state or federal funds because we do not have any assets other than user fees and taxes. We would have to raise user fees to repairs of facilities. Financing is a big problem and now is the time to work on this. Jim Fauver asked if there is a precedence where this has been done somewhere else. Craig indicated that yes it has been done in other states. There is precedence. We are asking for standard procedure. We need the support of the County, the users, power company, and others. There will be public hearings. This is just the first step in the process. A letter has been drafted that states that Emery County Commission is in full support of returning title of the Emery County Project from the Bureau of Reclamation to the Emery Water Conservancy District. Commissioner Paul Cowley made a motion to approve a letter of support for title transfer for the Emery County Project. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(20) DISCUSS/APPROVE/DENY GRANT APPLICATION FOR LOCAL CEMETERIES TO COMPUTERIZE THEIR BURIAL RECORDS.
Commissioner Keith Brady discussed a grant application for local cemeteries to computerize their burial records. The work will be performed by Bernice Payne. The grant is for $2,850.00. There is no cost to the county. Commissioner Lynn Sitterud made a motion to approve of a grant application for local cemeteries to computerize their burial records. The motion was seconded by Commissioner Paul Cowley. The motion passed. (21) DISCUSS/APPROVE/DENY LETTER OF SUPPORT FOR GOED FAST TRACK ADJUSTMENT.
Jordan Leonard, Economic Development came before the Board of Commissioners to request a letter of support for GOED Fast Track Adjustment. He explained that the State Economic Development Office recently allowed us to ask for an adjustment on the fast track grant. Currently if businesses apply and receive this grant they would have to pay 110% of the average county wage which is currently around $25.00 per hour. With this temporary adjustment they would not have to pay this wage, they just have to hire a full time employee. He stated that he knows there are some concerns with the fast track grant picking winner and losers. This is available to all the businesses in the county. He stated he understands that there is competition. We can avoid businesses pitting against each other. We can talk through that with the Commission that and see if they are the right fit for the grant. These businesses can apply through the state with a letter of support. He asked for the Commissioners to approve a letter of support for the temporary adjustment for the Rural Fast Track Grant. Commissioner Brady commented that there is an extreme vetting process. If you don’t meet the requirements for the next two years you have to pay the money back. Commissioner Sitterud expressed concern that money is available to businesses to compete with other businesses that do the same thing in the same area. It puts the government picking winners and losers in the business environment. Commissioner Brady commented that both businesses would have the same opportunity to expand. This is something that has benefitted businesses in Emery County in the last 4 years. It has been very hard for businesses to get this grant with the wage threshold, because most owners of business don’t even pay themselves that wage. DeLynn Fielding commented that he didn’t agree with the idea that it puts the government picking winner and losers because all the businesses have the same opportunity to grow with this grant. The resource and opportunity is available for all businesses. This grant opportunity has benefitted many businesses in growth. Because of the high unemployment there are five counties out of the 29 in Utah that qualify for doing away with this 110% threshold. All it requires is for the Commission to say ‘yes’ lets take this burden off our local businesses so they can grow. The business has to be in existence in Utah for at least two years. Commissioner Sitterud expressed his opposition to the program. Commissioner Paul Cowley made a motion to approve a letter of support to the GOED Fast Track Adjustment. Commissioner Keith Brady stepped down to second the motion. Commissioner Lynn Sitterud opposed. The motion passed by two.
(22) DISCUSS/APPROVE/DENY CHANGE ORDER BETWEEN EMERY COUNTY AND NIELSON CONSTRUCTION FOR THE EMERGENCY WATERSHED PROTECTION PROJECT COMPLETION DATE TO BE EXTENDED BY 82 DAYS. THE NEW COMPLETION DATE IS APRIL 21, 2017.
The Change order was previously approved. This change order is to extend the time for Nielson Construction to complete the work for the previous change order to April 21, 2017. Commissioner Lynn Sitterud made a motion to approve a change order for Nielson Construction for the Emergency Watershed Protection Project extending the time to April 21, 2017. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(23) COMMISSION/ELECTED OFFICIALS REPORT. Commissioner Brady asked Randy Johnson for an update of activity in the legislature. Mr. Johnson reported on the progress of several bills that the county may have an interest.
Commissioner Brady reported on working with the school district board on a portable obstacle course for the Aquatic Center. The proceeds from the use of the obstacle course would be allocated to the Swim Team.
Emery County Business Chamber luncheon will be March 15th , at 6 p.m. at Millers Landing in Huntington.
(24) ADJOURNMENT
The meeting was adjourned.
ATTEST: COMMISSIONER: MINUTES OF A SPECIAL MEETING OF THE BOARD OF EMERY COUNTY COMMISSIONERS HELD IN THE EMERY COUNTY COURTHOUSE
MARCH 13, 2017
Present at a special meeting was Commission Chairman Keith Brady, Commissioner Paul Cowley, Commissioner Lynn Sitterud, Deputy Clerk/Auditor Carol Cox, Assessor Kris Bell.
Discussion Items
(1) Discuss/Approve/Deny tax abatement for back taxes on parcel #01-0180-0025 and #01-0180-0022 in Huntington.
Assessor Kris Bell, explained that the first thing she found out was that the bankruptcy court sold the building on parcel 25 to Standard Lab. Nothing could be done with the property until the bankruptcy had been cleared up. Eastern Utah Credit Union owns all but the part with the Standard Lab building. EUCU tried to sell the property to clean up their books. They received an offer of $135,000.00 for both parcels. Standard Labs did not inquire about the taxes, nor were the taxes cleared up at the time of the sale to Standard Labs. Therefore, the taxes have not been paid. They owe $4,421.91 for two years. The parcels 22 & 25 are owned by EUCU. Taxes for the years 2014,2015, and 2016 are owed with penalty and interest. EUCU is asking to have the taxes abated/reduced and/or the penalty and interest removed. The total taxes owed is $19,470.60 without P&I ($4,093.44) on both parcels. The purchaser of the property intends to sub-divide the property after which each lot will be assessed a value of $12,000.00 per lot. After much discussion on this matter, Commissioner Lynn Sitterud made a motion to forgive the penalty and interest in the amount of $4,093.44 and have EUCU pay the taxes in the amount of $19,470.60. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(2) Adjourn
The meeting was adjourned.
ATTEST: COMMISSIONER: MINUTES OF THE REGULAR MEETING OF THE BOARD OF EMERY COUNTY COMMISSIONERS HELD IN THE EMERY COUNTY COURTHOUSE
MARCH 21, 2017
Present at the meeting was Commission Chairman Keith Brady, Commissioner Paul Cowley, Commissioner Lynn Sitterud, Attorney Mike Olsen, Deputy Clerk/Auditor Carol Cox, elected officials and citizens.
Consent Agenda
(1) APPROVAL OF CHECK EDIT LIST, REQUISITIONS, AND DISPOSITIONS.
The Warrant Check Edit List # 243524 through and including # 243658 was presented for payment.
Requisitions were presented for the following:
REQUISITION DESCRIPTION AMOUNT
7-17 2016 Chrysler Town/Country Van Perkie $24,955.00
8-17 2017 Ford F-150 4x4 Crew Pickup Sheriff $34,350.00
9-17 2017 Ford F-250 Pickup Sheriff $36,445.00
10-17 (2) 2017 Ford Police Interceptor Utility AWD Sheriff $61,172.24
10-17 2017 Dodge Durango Special Service AWD Sheriff $28,771.74
11-17 2017 Chevrolet Tahoe 4wd Sheriff $39,150.00
12-17 140M3 Motor Grader w/trade in($26,300.00) Highway $236,556.74
13-17 Cat 966 Wheel Loader Highway $333,873.39
14-17 Walk n Roll for Grader Highway $ 26,820.00
There was 1 disposition for a DVD spin rack from the Library #6905
(2) APPROVAL OF MINUTES OF MARCH 7, 2017 COMMISSION MEETING
(3) APPROVAL TO GIVE KELDON GUYMON AND DAKOTA WRIGHT A 3% WAGE INCREASE AND THE 3% COLA( APPROVE THE FIRST OF 2017) FOR SUCCESSFUL COMPLETION FO THEIR 6 MONTH ORIENTATION PERIOD. GRADE 3. EFFECTIVE 3-26-17.
(4) APPROVAL TO GIVE JULIE STEURER A 3% WAGE INCREASE AND THE 3% COLA (APPROVED THE FIRST OF 2017) FOR SUCCESSFUL COMPLETION OF HER 6 MONTH ORIENTATION PERIOD. GRADE 7. EFFECTIVE 3-26-17.
(5) APPROVAL TO GIVE CINDY BOWERMAN A 3% WAGE INCREASE AND THE 3% COLA (APPROVE THE FIRST OF 2017) FOR SUCCESSFUL COMPLETION OF HER 6 MONTH ORIENTATION PERIOD. EFFECTIVE 3-26-17.
(6) APPROVAL OF THE FOLLOWING EMT’S TO BE GARAGE LEADS AND RECEIVE A $200.00 MONTHLY STIPEND. GREEN RIVER TAMMY HOWLAND, CASTLE DALE/ ORANGEVILLE BEN ORGILL, HUNTINGTON STONEY JENSEN, FERRON HOLLIE SMITH, AND EMERY TARA PAYNE.
(7) APPROVAL TO GIVE CLIVE GORDON A 3% WAGE INCREASE AND THE 3% COLA (APPROVED THE FIRST OF 2017) FOR SUCCESSFUL COMPLETION OF HIS 6 MONTH ORIENTATION PERIOD. GRADE 16. EFFECTIVE 3-26-17.
(8) APPROVAL TO START THE RECRUITMENT PROCESS FOR SEASONAL LIFEGUARDS AND/OR HEAD LIFEGUARDS. (9) APPROVAL TO APPOINT LORI ANN LARSEN TO THE MUSEUM OF THE SAN RAFAEL BOARD.
(10) APPROVAL TO RE-APPOINT DEAN KING AND RICHARD JENSEN TO THE ECSSD#1 BOARD OF DIRECTORS TO EACH SERVE ANOTHER FOUR (4) YEAR TERM.
(11) APPROVAL FOR JAMES NIELSEN TO BE A VOLUNTEER FOR THE EMERY COUNTY WEED AND MOSQUITO DEPARTMENT. (12) APPROVAL OF COUNTY CREDIT CARD FOR CAROLE LARSEN, LIBRARY DIRECTOR.
Motion to approve the Consent Agenda was made by Commissioner Lynn Sitterud, seconded by Commissioner Paul Cowley, and the motion passed.
DISCUSSION AGENDA
(1) ITEMS PULLED FROM THE CONSENT AGENDA
Nothing
(2) DISCUSS/APPROVE/DENY OPENING BIDS FOR SURVEYING AND CHAIN LINK FENCE AT GREEN RIVER LIBRARY.
Carole Larsen, Emery County Library Director explained that cars are being parked and left for long periods on the library property. The board wants to put up a chain link fence along the back side of the library (135 feet) to mitigate this situation. J&T did a survey of the site. Fencing companies have submitted bids to put up the fence. They received a bid from Ward’s Landscaping for $2,400.00 for 11 gauge and $2,695.00 for 9 gauge. Castle Country Fencing’s bid was for $1,500.00. The bid did not indicated the gauge of fencing. It appeared that the bid from Ward’s Landscaping was more complete. Carole indicated that the cost proposal from J&T to perform a boundary survey is for $1,600.00. Commissioner Lynn Sitterud made a motion to pay J&T for the survey and accept the low bid if the specs are met as advertised. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(3) PRESENTATION BY ANN COX REGARDING SPEEDING ON THE SOUTH SIDE OF LAWRENCE.
Ann Cox from Lawrence came before the Board of Commissioners to discuss speeding on the south side of Lawrence. She thanked the county road department for the signs warning drivers of the speed limits through town. However, drivers are not slowing down. Some even blow through the 4 way stop. Ms. Cox recommended several solutions. Other residents from Lawrence offered solutions. Sheriff Funk indicated that several citations have been issued. Deputies are patrolling the area. One resident suggested having a deputy stop at various locations at different times throughout the day. Drivers may get the hint that deputies are there and you never know when or where. The Commissioners discussed some of Ms. Cox’s recommendations such as, stricter enforcement of the speed laws, motion sensored flashing lights and other signs. Commissioner Brady thanked Ms. Cox for her suggested solutions to the problem rather than just complaining.
(4) RATIFICATION OF LETTER TO US DEPARTMENT OF RECLAMATION REGARDING CONTROLLING FLOODING EVENTS IN GREEN RIVER.
Commissioner Brady indicated that there was a meeting in Price with the Utah Department of Reclamation where the farmers in the county expressed concern regarding flooding issues in Green River. The farmers requested a letter of support from the County Commissioners in support of mitigating the flooding issue. Commissioner Sitterud attended the meeting and reported that the hope is that with new people in Washington who control the dam, they can get water released early to mitigate the flooding issue. Commissioner Paul Cowley made a motion to approve ratification of a letter to US Department of Reclamation regarding controlling flooding events in Green River. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(5) DISCUSS/APPROVE/DENY SIGNING OF THE HMEP HAZARDOUS MATERIALS PLANNING GRANT ALLOCATION FROM THE STATE OF UTAH DIVISION OF EMERGENCY MANAGEMENT.
Commissioner Lynn Sitterud made a motion to approve the signing of the HMEP Hazardous Materials Planning Grant Allocation from the State of Utah Division of Emergency Management. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(6) DISCUSS/APPROVE/DENY PRESENTATION AND SIGNING OF INTERLOCAL AGREEMENT WITH SOUTHEAST UTAH HEALTH DEPARTMENT.
Brady Bradford, SEUDH came before the Board of Commissioners to present and Interlocal Agreement between Emery County and SEUDH. In 1972 Carbon, Emery, Grand and San Juan Counties formed the SEUDH and created an interlocal agreement that was renewed in 2007. In 2015 a few things changed and necessitated some small adjustments to the agreement. There is a change in name due to San Juan dropping out of the SEUDH and moving their budget meeting from May to November. SEUDH has ten essential functions broken down into three main parts.
Assessment of vital statistics, epidemiology, health data, policy making and assurance of public health through nursing, preparedness, health education and environmental health. It is mandated by Title 26a in Utah State Code. Emery County has an office in Castle Dale where our nurses have done a spectacular job. The did more than 300 flu shots last year. 250 immunizations,160 well child checks that are under served, 51 newborn checks, 60 food establishments, day care centers, tanning beds, air quality/water and other environmental quality services. Sheriff Funk indicated he attended a presentation in Price about the needle exchange program. Mr. Bradford explained that the presenters are not affiliated with the health department. The health department just brought the interested parties together for discussions. Attorney Mike Olsen asked for an explanation of the needle exchange program. Sheriff Funk expressed his disapproval of the program. The presenters informed the Sheriff that the program will go forward with or without their approval. Sheriff Funk stated that if they come to Emery County he will arrest them. Mr. Bradford indicated that he did not have any data to confirm the effectiveness of the program but that it has been working well in Salt Lake City. Mr. Bradford indicated that the Health Department’s Health Educator is in favor of the program. Sheriff Funk added that she basically told them that the program is going go whether they want it or not. Sheriff Funk indicated that there is lot involved with this program that makes him very uncomfortable. Sheriff Funk wanted to know if the Health Department is going to be responsive to what the EC Commissioners wants for it’s citizens. Mr. Bradford explained that the Health Department will not be running this program. The discussion was just an informational presentation not affiliated with the Health Department. Mr. Bradford indicated that he is not prepared to have such and in depth discussion with this issue. He is here to get approval for the Interlocal Agreement with SEUHD. Commissioner Sitterud wanted to know if approving this interlocal agreement has anything to do with supporting the needle exchange program? Mr. Bradford indicated that it does not. Commissioner Sitterud wanted to know what the reason was for San Juan County dropping out of the Health Department? Mr. Bradford indicated that they felt that due to the remote location that they were not getting their needs met. They have also dropped out of Four Corners. Attorney Mike Olsen asked about the parameters of the agreement. How do we drop out of the contract? Commissioner Sitterud and Attorney Mike Olsen asked for more time to look over the agreement to make sure it alines with the state statutes. Commissioner Paul Cowley made a motion to table this matter to allow time to review. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(7) DISCUSS/APPROVE/DENY SUMMA ROBOTICS PERMIT.
Jeff Guymon, Planning and Zoning Director discussed a Level III Conditional Use Permit for Summa Robotics. He explained that it is up the County Commission discretion to decide if a public hearing is needed to determine major impacts to the citizens and communities of Emery County. The Zoning Commission may approve a Level I and Level II permit but a Level III permit must be granted by the County Commission. The Planning Commission has received a letter from UDOT granting access to the facility. The facility (Central Warehouse) predates the EC Zoning Ordinance and was already operating at a Level III status and has already gone through a permitting process. The Planning Commission recommends approval. Commissioner Lynn Sitterud made a motion to approve Summa Robotics Level III Conditional Use Permit. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(8) DISCUSS/APPROVE/DENY SCOTT LABRUM AS CASTLE DALE LIBRARY’S MAY STEM CONTRACT PARTNER.
Commissioner Paul Cowley made a motion to approve Scott Labrum as Castle Dale Library’s May Stem Contract Partner. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(9) DISCUSS/APPROVE/DENY EMERY COUNTY LIBRARIES TO APPLY FOR THE CLEF GRANT.
Commissioner Paul Cowley made a motion to approve Emery County Libraries to apply for the CLEF Grant. The motion was seconded by Commissioner Lynn Sitterud. The motion passed. (10) DISCUSS/APPROVE/DENY CONTRACT BETWEEN LIVE A LITTLE PRODUCTIONS AND EMERY COUNTY FOR A FREESTYLE MOTO AND UTV RODEO AT THE 2017 EMERY COUNTY FAIR.
Commissioner Lynn Sitterud made a motion to table this item due to the fact that the contract is not ready. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(11) DISCUSS/APPROVE/DENY REQUEST TO TAKE ADA VANS OUT OF STATE FOR A SENIOR CITIZEN TRIP MARCH 27-29 2017.
Commissioner Paul Cowley made a motion to table this item. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(12) DISCUSS/APPROVE/DENY INTER-AGENCY CO-ORDINATION AND SUB-RECIPIENT CONTRACT AGREEMENT BETWEEN SOUTHEASTERN UTAH ASSOCIATION OF LOCAL GOVERNMENTS AND EMERY COUNTY TO ADMINISTER THE EMERY COUNTY AGING AND NUTRITION PROGRAMS FROM JULY 1, 2016- JUNE 30, 2017
Commissioner Paul Cowley made a motion to approve Inter-Agency Co-Ordination and Sub- Recipient Contract Agreement between Southeastern Utah Association of Local Governments and Emery County to administer the Emery County Aging and Nutrition Programs from July 1, 2016 to June 30, 2017. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(13) DISCUSS/APPROVE/DENY ROW GRANTS FOR A PORTION OF PRICE RIVER ROAD.
Ray Petersen, Public Lands Director explained that late last season storms wiped out the road in the Mounds Area. The county applied for emergency ROW to repair the road. It has been 4 months and we finally have the ROW to get the Road Department out there to repair the road. Commissioner Paul Cowley made a motion to approve ROW Grants for a portion of Price River Road. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(14) DISCUSS/APPROVE/DENY REQUEST TO USE CLASS B ROAD FUND BUDGET FOR TRACTOR AND BACKHOE RENTAL.
Commissioner Paul Cowley made a motion to approve a request to use Class B Road Fund Budget for a tractor and backhoe rental. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(15) DISCUSS/APPROVE/DENY WAIVER OF PILT FOR 2015 FOR EMERY COUNTY HOUSING AUTHORITY.
Cindy Draper, Housing Authority came before the Board of Commissioners to requested a waiver of payment in lieu of taxes for 2015 for Emery County Housing Authority. In a past Commission Meeting the EC Housing Authority was granted a waiver of PILT for 2012, 2013, and 2014 because the Authority was in such disarray. They asked for one more year to make sure that they are top of things. Cindy was not exact on the amount, but estimated the amount to be between $1,300.00 to $1,500.00. Commissioner Paul Cowley made a motion to approve a waiver of PILT for Emery County Housing Authority for 2015. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(16) DISCUSS/APPROVE/DENY WAIVING THE FEE FOR THE AQUATIC CENTER FOR LITTLE MISS EMERY CONTESTANTS TO HAVE A POOL DAY.
Cindy Draper, Miss Emery Director indicated that there are 24 girls and their parents. The waiver would be for just the girls. The parents and any siblings would have to pay. Commissioner Lynn Sitterud made a motion to approve waiving the fee for the Aquatic Center for Little Miss Emery Contestants to have a pool day. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(17) DISCUSS/APPROVE/DENY REQUEST FROM SOUTHWEST STONE, INC. TO WAIVE AND EXCUSE PENALTIES AND INTEREST ON AMOUNTS OWED FOR THE 2010 TAX YEAR IN RETURN FOR SSI PAYING THE FULL AMOUNT OF PRINCIPAL OWING FOR THAT YEAR.
Treasurer, Steven Barton explained a situation with Southwest Stone, Inc. a rock quarry regarding their taxes owed for 2010. They were on the list for five years past due on their taxes. They were notified that they were five years delinquent. They applied for an extension. The taxes owed are on personnel property, not real property (equipment). He requested that they sign a lien on the property. The alternative would have been to have the Sheriff seize the property. They did not sign the lien. But they did make payments on all taxes subsequent to 2010. SSI sent a note with each payment stating that the 2010 taxes assessed are in appeal with the State Tax Commission and requested that we work with them to resolve it. They were assessed in 2010 by the State Tax Commission $11,000.00 for personal property (equipment) which in subsequent years have been $4-5,000.00. SSI has had no success with the Tax Commission. SSI requested that EC waive the accumulated interest and penalty on the $11,000. 00 and they will pay the $11,000.00 and clear this up. Mr. Barton looked into what would happen had they been successful in the appeal with the taxes bring dropped from $11,000.00 to the average which was $5,200.00. Should that happen, by paying the $11,000.00 now EC would gain $3,000.00. His suggestion was to clear this up by allowing SSI to pay the $11,000.00 the total tax due from 2010 and EC waive the penalty and interest on the $11,000.00 from 2010. Commissioner Lynn Sitterud made a motion to approve the request from SSI to waive and excuse penalties and interest on amounts owned for the 2010 tax year in return for SSI paying the full amount of principal owing for that year. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(18) DISCUSS/APPROVE/DENY DEFERRAL AGREEMENT FOR THE PAYMENT OF REAL PROPERTY TAXES THAT ARE FIVE(5) YEARS PAST DUE FOR SHAWN ALLRED. Shawn Allred came in after the last Commission Meeting. Mr. Allred has already paid $600.00 and still owes $3,000.00 with a plan through auto deduction to pay the balance. Mr. Barton recommended approval of a deferral agreement for Mr. Allred. Commissioner Paul Cowley made a motion to approve a deferral agreement for the payment of real property taxes that are five (5) years past due for Shawn Allred. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(19) COMMISSION/ELECTED OFFICIALS REPORT
Commissioner Brady asked Library Director Carole Larsen to explain the library’s story time bags that are available at the libraries. She explained the kindle program and the stem program.
Commissioner Brady talked about a CNN interview where Yale did a study/survey on climate change to find out what the attitudes were regarding global warming. Emery County out of all the counties in the US was the #one county that did not believe in global warming. He was here on a listening tour to find out why it came out that way. Commissioner Brady had a good discussion with him. Last week KSL came here for their Road to Understanding Campaign. The program takes KSL’s reporter, Alex Cabraro to the 25 counties that are not on the Wasatch Front to talk about what are our county’s concerns and good information regarding our county. He will let us know when the Emery County segment will air. Ray Petersen stated that he believes it will be this Thursday.
(20) ADJOURNMENT
The meeting was adjourned.
ATTEST: COMMISSIONER: MINUTES OF THE REGULAR MEETING OF THE BOARD OF EMERY COUNTY COMMISSIONERS HELD IN THE EMERY COUNTY COURTHOUSE
APRIL 4, 2017
Present at the meeting was Commission Chairman Keith Brady, Commissioner Paul Cowley, Commissioner Lynn Sitterud, Attorney Mike Olsen, Deputy Clerk/Auditor Carol Cox, elected officials and citizens.
CONSENT AGENDA
(1) APPROVAL OF CHECK EDIT LIST, REQUISITIONS, AND DISPOSITIONS.
The Warrant Check Edit List # 243674 through and including # 243803 was presented for payment.
There were no requisitions or dispositions.
(2) APPROVAL OF MINUTES OF MARCH 21, 2017 COMMISSION MEETING
(3) APPROVAL OF MINUTES OF MARCH 13, 2017 SPECIAL COMMISSION MEETING,
(4) APPROVAL TO RE-APPOINT RANDY NIELSON, STONEY JENSEN, PETE ALGER AND JUSTIN CHILDS TO THE FIRE DISTRICT BOARD FOR EACH TO SERVE ANOTHER FOUR (4) YEAR TERM.
Motion to approve the Consent Agenda was made by Commissioner Paul Cowley, seconded by Commissioner Lynn Sitterud, and the motion passed.
DISCUSSION AGENDA
(1) ITEMS PULLED FROM THE CONSENT AGENDA.
Nothing
Commissioner Paul Cowley made a motion to leave the regular meeting and open a public hearing to receive comments regarding the issuance of Castle Valley SSD General Obligation Bonds, Series 2017 and upon the end of the public hearing period to return to the regular meeting schedule. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(2) PUBLIC HEARING:A public hearing to receive input from the public with respect to the issuance of Castle Valley SSD General Obligation Bonds, Series 2017, in one or more series, in the aggregate principal amount not to exceed $900,000.00 for the purchase and/or construction of facilities for the collection and treatment, storage & transportation of sewage, and related matters.
Commissioner Brady opened the public hearing and asked for comments or questions regarding the issuance of CVSSD General Obligation Bonds, Series 2017.
There were no questions or comments.
The Public Hearing was closed and the Commissioners returned to the regular meeting schedule.
The Resolution language was read aloud as follow:
Final Bond Resolution Language:
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF EMERY COUNTY, UTAH ACTING AS THE GOVERNING BODY OF THE CASTLE VALLEY SPECIAL SERVICE DISTRICT, EMERY COUNTY, UTAH (THE “ISSUER”) AUTHORIZE THE ISSUER’S $900,000.00 GENERAL OBLIGATION BONDS, SERIES 2017 (THE “SERIES 2017 BONDS”) IMPROVING, THROUGH PURCHASE OR CONSTRUCTION OR BOTH, FACILITIES FOR THE COLLECTION AND TREATMENT, STORAGE, TRANSPORTATION, AND SUPPLY OF WATER FOR DOMESTIC, INDUSTRIAL, SECONDARY AND OTHER PURPOSES; DRAINAGE AND STORM SEWER FACILITIES, INCLUDING CURBS AND GUTTERS; AND TRANSPORTATION FACILITIES CONSISTING OF ROADS, SIDEWALKS AND RELATED BRIDGES AND VIADUCTS; TOGETHER WITH ALL NECESSARY LAND, RIGHTS-OF-WAY, EQUIPMENT AND FURNISHINGS THEREFOR, AND INCLUDING SUCH LEGAL, ENGINEERING, AND FISCAL AGENT EXPENSES REASONABLY INCURRED IN CONNECTION WITH THE ACQUISITION OF SUCH FACILITIES IN AND FOR THE DISTRICT; AND RELATED MATTERS.
Commissioner Lynn Sitterud made a motion to adopt Resolution 4-4-17 authorizing the issuance of CVSSD General Obligation Bonds, Series 2017. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(3) PRESENTATION OF TAP AWARD TO EMERY COUNTY.
Doug Folsom, Loss Prevention Director of Utah Counties Insurance Trust presented Emery County the Trust Accountability Performance Award (TAP). Emery County has an active Risk Management Committee that ensures safety through training. This has been successful in the County maintaining low Worker’s Comp. costs. The award will result in a 1.5 % discount on the county’s insurance premium. Continuing to receive the award each year will be rewarded with another 1.5% discount, with a cap of 3%. He thanked the staff and members of the Risk Management Committee who work to earn this award. He expressed his appreciation to the Commissioners for their support of safety and loss prevention programs.
(4) DISCUSS/APPROVE/DENY MOU BETWEEN SITLA, BLM, AND EMERY COUNTY FOR THE MANAGEMENT AND MAINTENANCE OF THE GOOD WATER RIM TRAIL.
Public Lands Director, Ray Petersen indicated that the County is ready on this but the BLM is not so he recommended the Commissioners table this for now. Commissioner Paul Cowley made a motion to table this item until we hear from the BLM on this issue. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(5) DISCUSS/APPROVE /DENY AGREEMENT BETWEEN LIVE A LITTLE PRODUCTIONS AND EMERY COUNTY FOR THE 2017 EMERY COUNTY FAIR.
Commissioner Brady explained that Live a Little Productions is an ATV/Monster Truck rodeo. The Monster Truck will be in the parade. They will charge a fee to ride in the truck. The rodeo will be at the Castel Dale Arena. The contract cost is $3,700.00. Commissioner Lynn Sitterud made a motion to approve of an agreement between Live A Little Productions and Emery County for the 2017 Emery County Fair. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(6) DISCUSS/APPROVE/DENY CONTRACT WITH CLIVE ROMNEY FOR A MUSICAL/ STORYTELLING PERFORMANCE AT THE 2017 EMERY COUNTY FAIR.
Commissioner Brady explained that Clive Romney is a musical/storytelling performance who will be on Thursday of the Fair for a 60 to 90 minute performance. Commissioner Paul Cowley made a motion to approve a contract with Clive Romney for a musical/storytelling performance at the 2017 Emery County Fair. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(7) DISCUSS/APPROVE/DENY INTERLOCAL AGREEMENT WITH SOUTHEASTERN UTAH HEALTH DEPARTMENT.
In the March 21, 2017 Commission Meeting the Commissioners tabled a decision regarding an interlocal agreement with Southeastern Utah health Department to allow time to visit with Brady Bradford more regarding some changes in the document wording. Attorney Mike Olsen indicated that he has spoken with Mr. Bradford regarding the language/wording that the County wanted in the document with respect to the ability to terminate the agreement matching state statute. SEUDH was in agreement with the change requested. Mr. Olsen recommended, with the wording change, that the agreement be signed. Mr. Olsen also reported on further discussions with Mr. Bradford regarding the needle exchange program. Commissioner Paul Cowley made a motion to approve an interlocal agreement with Southeastern Utah Health Department with the addition of the wording change. The motion was seconded by Commissioner Lynn Sitterud.
(8) DISCUSS/APPROVE/DENY ALLOWING EMT’S SPECIAL SERVICE DISTRICT BOARD’S MEMBERS AND THE VARIOUS COUNTY BOARD’S MEMBERS THE COUNTY EMPLOYEE DISCOUNT AT THE EMERY COUNTY AQUATIC CENTER.
Commissioner Brady indicated that he asked for this to be on the agenda for discussion. He indicated he felt if would be a good way to say thanks to all those who serve on boards in the county. Sheriff Funk asked if that included Search/Rescue? Commissioner Brady expressed his desire to see all the boards receive the discount. Commissioner Paul Cowley made a motion to approve extending the ECAC employee discount to all board members and EMT’s in the county. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(9) DISCUSS/APPROVE/DENY WAIVING THE RENTAL FEE AT THE AQUATIC CENTER ON MAY 24, 2017 FOR AN EMS APPRECIATION ACTIVITY.
Commissioner Lynn Sitterud made a motion to waive the rental fee at the Aquatic Center for an EMS Appreciation Activity to be held on May 24, 2017. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(10) DISCUSS/APPROVE/DENY CONTRACT WITH UTAH STATE HISTORY AND EMERY COUNTY TO DIGITIZE CEMETERY RECORDS AND FILE THEM IN THE UTAH STATE DATABASE.
Suzanne Anderson, Emery County Archives explained that in the past this contract through the State with Emery County as a pass through for the grant. That process is no longer required. Therefor, Commissioner Lynn Sitterud made a motion to dismiss this item from the agenda. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(11) DISCUSS/APPROVE/DENY BLM RIGHT OF WAY GRANT FOR BORROW PIT ADJACENT TO PRICE RIVER ROAD.
Commissioner Paul Cowley made a motion to approve a BLM ROW Grant for Borrow Pit adjacent to Price River Road. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(12) DISCUSS/APPROVE/DENY TO ADVERTISE AN RFP FOR PROFESSIONAL TO ANALYZE AND PREPARE A REPORT ON THE IMPACTS OF ECONOMIC PROJECTS IN EMERY COUNTY. Commissioner Brady talked about advertising for an RFP for a professional to analyze and prepare a report on the impacts of economic projects in Emery County. This has been brought up because of the Community Reinvestment Agency that the County has been looking at. In discussions with Clerk/Auditor Brenda Tuttle and Attorney Mike Olsen is to make sure that any project that comes up through the agency (which has not be formed) can be analyzed by professionals to be sure that these projects are either a benefit or a detriment to the county. The RFP will state that the professional will work on a per project basis, when we need them to look over financials and make sure projects are worth bringing into the county. they will pull in the numbers, such as how many jobs the project will create, what type of abatement the project is looking for and whether or not what they are looking for is a detriment or benefit to the county. If the project is a detriment then at what point would it become a benefit. Then we can counter their offer with our own offer and if they don’t take it then it is not the right fit for Emery County. Mary Huntington asked if they will help bring economic growth to the county? Commissioner Brady indicated that is not the idea with this service. They would just be a third party that could advise us of the facts regarding a project. Attorney Mike Olsen commented that we don’t need businesses to come in if its going to be a detriment to our county by abating the taxes so much that we end up supplementing their use of the sheriffs office, the roads, the landfill utilities, etc. If they want to participate in our community they will need to pay their own way. There are experts that can help us know that. Jay Humphrey asked who are these experts? Commissioner Brady indicated that when he was looking into this one professional that came up was Zions Public Finance. Commissioner Brady asked ZPF if they could do something like this. They indicated that is what they do. So, they will probably be one who submits an RFP. We may not need them this year or even next year, but when if we do have a project would have a professional ready to help with that project. Julie Johansen asked if they will work like an appraiser? Will they use growth from other counties for comparison? Commissioner Brady indicated that he was not sure. There are many variables to be considered. Commissioner Sitterud stated he understood that there would be no cost to the county until we use them. Jordan Leonard used the solar panel farm as an example of a project that they could help us with. Patsy Stoddard asked if the Commissioners have visited other counties that have utilized the solar panel farms? Commissioner Brady indicated that he has been trying to figure out a time to go and visit other places who have utilized the solar farms to gather as many facts as he can. Commissioner Paul Cowley made a motion to advertise for an RFP for professionals to analyze and prepare a report on the impacts of economic projects in Emery County. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(13) DISCUSS/APPROVE/DENY TO ADVERTISE AN RFP TO ACCEPT BIDS TO BUILD A FENCE ON PROPERTY LINE OF GREEN RIVER LIBRARY.
In the last Commission Meeting bids were reviewed for a fence on the property line of the Green River Library. That process was not quite done correctly. We need to advertise for an RFP to accept bids to build a fence on property line of Green River Library. Commissioner Paul Cowley made a motion to approve advertising for an RFP to accept bids to build a fence on the property line of Green River Library. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(14) COMMISSION/ELECTED OFFICIALS REPORT Sheriff Funk reported that Easter Weekend is coming up in a couple of weeks. All his deputies will be out patrolling the desert and other frequently visited areas.
Commissioner Brady reported that Green River City recently hosted a three day rock and mineral show. They had good participation at the event. Sign-ups have began for swimming lessons at the Aquatic Center.
Commissioner Cowley reported that BLM Director Ahmed Mohsen is moving on and will be leaving the Price BLM office. They will soon have a new director.
Gates on the forest/mountain roads are closed. Hopefully people will not go around the gates and damage the roads.
The shed hunting extension has been lifted. Shed hunting in allowable again.
Commissioner Paul Cowley made a motion to close the regular meeting and enter into a closed/ executive session and upon the end of executive session to return to the regular meeting. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(15) EXECUTIVE SESSION REGARDING AN ACQUISITION OR DALE OF REAL PROPERTY PURSUANT TO UTAH CODE ANNOTATED §52-4-204 AND §52-4-205.
Present at an executive session was Commissioner Keith Brady, Commissioner Paul Cowley, Commissioner Lynn Sitterud, Attorney Mike Olsen, Clerk/Auditor Brenda Tuttle, Deputy Clerk/ Auditor Carol Cox, Sheriff Greg Funk, Commissioner’s Confidential Secretaries Vanessa Justesen, and Maegan Crosland,
(16) ADJOURN
The meeting was adjourned.
ATTEST: COMMISSIONER: MINUTES OF THE REGULAR MEETING OF THE BOARD OF EMERY COUNTY COMMISSIONERS HELD IN THE EMERY COUNTY COURTHOUSE
APRIL 18, 2017
Present at the meeting was Commission Chairman Keith Brady, Commissioner Paul Cowley, Commissioner Lynn Sitterud, Attorney Mike Olsen, Deputy Clerk/Auditor Carol Cox, elected officials and citizens.
CONSENT AGENDA
(1) APPROVAL OF CHECK EDIT LIST, REQUISITIONS, AND DISPOSITIONS.
The Warrant Check Edit List #243843 through and including #244009 was presented for payment.
REQUISITION DESCRIPTION AMOUNT
15-17 Sun Dolphin 8.5 ft. Sportsman Boat Weed/Mosquito $ 531.93
There were no dispositions.
(2) APPROVAL OF MINUTES OF APRIL 4, 2017 COMMISSION MEETING.
(3) APPROVAL OF THE FOLLOWING VOLUNTEERS FOR SEARCH AND RESCUE:
Brad Reed, Greg Jewkes, Wade Allinson, Jeff Tuttle, Howard Tuttle, Pete Alger, Rue Bell, Zach Crawford, Clay Oliverson, Leonard Norton, Jerry Price, Courtney Cox, Shaun Jeffs, Kirk McQuivey, Randy Lake, Chuck Ebeling, James Byars, Ben Orgill, Lee Magnuson, Jason Jensen, Tyler Tuttle, Brett Guymon, Layne Potter, Russ Archibald, Casey Toomer, Greg Oliver, Hal Johnson, Ross Christiansen, Troy Winters, Jeremy Draper, Michael Taylor, Rod Magnuson, Jim Jennings, Brawn Killpack, Larry Johansen, Chris Winn, Jared Anderson, Doug Johnson, Matt Crosland, and Dal Gray.
(4) APPROVAL AFFIDAVIT OF PERSONAL INTEREST FILED BY KURT PRICE.
(5) APPROVAL TO START THE RECRUITMENT PROCESS TO HIRE A SEASONAL
EMPLOYEE FOR THE WEED & MOSQUITO DEPARTMENT, WORKING 29 HOURS PER WEEK. (6) APPROVAL TO HIRE PARKER STILSON, LEVI OLSEN, MAKYAN NIELSON, AND GAGE JENSEN AS PART TIME LIFEGUARDS. WAGE GRADE 3.
(7) APPROVAL TO HIRE KAYDEN PARKINS AND MELECE PULLI AS SEASONAL HEAD LIFEGUARDS. WAGE 5.
(8) APPROVAL TO START THE IN-HOUSE RECRUITMENT PROCESS FOR A FULL TIME DEPUTY CLERK/AUDITOR I.
(9) NOTIFICATION: DEREK BEAGLEY SELECTED AS A PART TIME WEED & MOSQUITO TECHNICIAN. WAGE $13.00 PER HOUR.
(10) APPROVAL TO HIRE SADIE BARNETT AS A SEASONAL SALES CLERK AT THE MUSEUM OF THE SAN RAFAEL. WORKING 10 HOURS PER WEEK. WAGE $9.00 PER HOUR.
(11) APPROVAL TO APPOINT EVELYN HUNTSMAN AND GARY WILSON TO THE MUSEUM OF THE SAN RAFAEL BOARD OF DIRECTORS.
Motion to approve the Consent Agenda was made by Commissioner Lynn Sitterud, seconded by Commissioner Paul Cowley, and the motion passed.
DISCUSSION AGENDA
(1) ITEMS PULLED FROM THE CONSENT AGENDA.
Nothing
(2) PRESENTATION FROM ETV 10 ABOUT PUBLISHING PUBLIC NOTICES ON THEIR NEWSPAPER.
Julie Johansen, ETV10, informed the Board of Commissioners that with the new state regulations ETV 10 is now able to publish legal notices. Attorney Mike Olsen asked what is the current circulation of ETV10? Julie indicated that they cover all of Carbon, Emery and Moab.
(3) PRESENTATION FROM TIM BLACKBURN REGARDING JUST SERVE. Tim Blackburn was present by invitation from Commission Brady to present an opportunity for citizens to serve as volunteers for community events. April is national volunteerism month. The State governor’s office is pushing for Utah to promote volunteerism. There is a critical connection between the volunteer and the event in which they are involved. Justserve.org is a website created to match organizations with volunteers. He stressed the importance of teaching our future generations to be involved in volunteerism as well as the value of hard work and becoming vested in their communities. He encouraged the Commissioners and other organizations in the county to visit the website to post events and projects that need volunteers. There is also an app for your smart phone.
(4) DISCUSS/APPROVE/DENY SPONSORSHIP AGREEMENT WITH CHADWICK BOOTH & CO. FOR THE COUNTY SEAT.
Chadwick Booth came before the Commission to request continued sponsorship for the County Seat. He explained that the program the County Seat was created as a result of their other show At Your Leisure. It was found that there was not a platform for addressing rural Utah issues. Emery County has supported the program for the last 6 years. There is no set amount that is asked for and no county has ever been blocked for not supporting the program. The County Seat is a costly program, about half a million dollars a year to produce. The programs are aired on several channels through ABC-4 about 40 times a week with approximately 74,600 viewers per week. Currently they have 22 counties who financially support the program. Each county that supports the program is at a different level of support and it doesn’t affect how much time is spent on rural issues. Attorney Mike Olsen asked if they have support of some of the larger counties on the Wasatch front? Mr. Booth indicated that statewide there are 22 of the 29 counties that actively participate in the program. We do not have Salt Lake County, Summit County, Morgan County, Grand County, Wasatch County(although they are reconsidering), Daggett County because of their size( 800 pop.) and amount of land that is owned by the US Forest Service. 75% of their program is dedicated to rural issues. Mr. Booth reported that last year Emery County contributed to the program with $6,600.00. Commissioner Sitterud asked Commissioner Brady if support of this program is something that TRT funds could be used for since much of the content for the program is tourism? Commissioner Sitterud wanted to have time to further discuss the level of financial support for the program with the Travel Bureau and Economic Development. Commissioner Lynn Sitterud made a motion to table this allow for time to discuss participation from the Travel Bureau and Economic Development. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(5) DISCUSS/APPROVE/DENY TAX WRITE OFF FOR PARCEL #HT-07-01-07 FOR ALEJANDRO OCHOA.
Assessor, Kris Bell discussed a mobile home in the Huntington Trailer Court. The mobile home has been abandoned. The owner is not in the area. To serve him would cost $42.00, if they could find him. To clear the taxes for 2016 and 2017 it would be $62.86 as opposed to taking possession of the trailer and dealing with removing it or trying to sell it. Next year her office will evaluate the trailer to see if they should even apply value to the trailer. Commissioner Lynn Sitterud made a motion to approve a tax write off in the amount of $62.86 for parcel #HT-07-01- 07. The motion was seconded by Commissioner Paul Cowley. The motion passed. (6) DISCUSS/APPROVE/DENY REQUEST TO TAKE ADA VANS FOR OUT-OF-STATE TRAVEL FOR SENIOR CITIZEN’S.
Kelly Nelson, Emery County Sr. Citizens discussed a planned trip to Yellowstone National Park for the seniors in Emery County, June 26th through the 29th. The seniors will be paying for their hotel stays and their food. Mrs. Nelson requested that the county allow them to use the ADA vans rather that chartering a bus. Mrs. Nelson explained that their itinerary has them going through several scenic areas and using the vans would give them the flexibility to make stops. There was some discussion as to whether the bus drivers are insured through Emery County or AOG. The ADA vans are insured by Emery County and paid by AOG. The cut-off date for seniors to sign up to participate is May 9th. All money for the trip must be turned in by May 30th. Commissioner Brady expressed concern that the vans are in good condition for long distance traveling. Commissioner Cowley expressed his desire to see the seniors be able to participate in this type of activities. Commissioner Paul Cowley made a motion to approve taking the ADA vans for out-of-state travel for Senior Citizens. The motion was seconded by Commissioner Lynn Sitterud. Commissioner Brady asked to have his concerns regarding liability addressed. Has this all been approved through our insurance carrier? Make sure all of our bases are covered. The motion passed.
(7) DISCUSS/APPROVE/DENY ADVERTISING FOR AN RFP FOR A HUNTINGTON AIRPORT CURATOR.
Commissioner Cowley indicated that the Commissioners had talked about this earlier this year and put out an RFP and did not receive a response. The RFP requirements have been re-worked and is ready to advertise again to try and get a response. Commissioner Paul Cowley made a motion to advertise an RFP for a Huntington Airport Curator. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(8) DISCUSS/APPROVE/DENY AN ORDINANCE FORMING A COMMUNITY RE-INVESTMENT AGENCY.
Commissioner Brady indicated that this is a topic we have discussed in the past. It would give us a tool for Economic Development for those projects that could be looking at locating in our county. We would be able to do things that we wouldn’t be able to do as a Commission but could as an Agency. We could offer certain things as an incentive to locate a project in our county. In our last Commission meeting we talked about advertising for an RFP for a professional to analyze these projects to be sure that the projects are either a benefit or detriment to the county. Forming a Community Re-Investment Agency is just another step in that process. Brenda Tuttle asked if there is a copy of the ordinance for review? What affect will the ordinance have on the County? Will there be others on the Board of Directors? Commissioner Brady indicated that the Commissioners will be the only board members. There is a copy of the ordinance. Phil Fauver asked how this board would differ from the Economic Development Board. Commissioner Brady answered, ‘authority’. Attorney Mike Olsen indicated that he has checked the state code and it is allowable by law. Commissioner Sitterud stated that he is for bringing jobs into the county if it doesn’t interfere with a business already established in the county. Commissioner Brady indicated that it would be a good thing to have in place if a project comes up. Commissioner Paul Cowley made a motion to table this matter until a later date. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(9) DISCUSS/APPROVE/DENY CONTRACT WITH COLIN RAY FOR A CONCERT AT THE 2017 EMERY COUNTY FAIR.
Shannon Hiatt came before the Board of Commissioners to propose Colin Ray for a concert at the 2017 Emery County Fair. He explained that he was asked to put together a concert package for consideration. He contacted a booking agent to get a list of entertainers available on August 5th. The list needed to be area specific as well. He indicated that he also looked at the dynamics of our communities. Shannon was able to find Colin Ray for that weekend. Colin Ray will be performing in Richfield the next weekend. They are hoping to also get Ryan Shupe and the Rubber Band. Shannon explained that Colin Ray was here 10 years ago for a performance following the Crandal Canyon Mine Disaster to help raise money for the families. It was very well attended. Shannon suggested a cross promotion with the 10 year anniversary of the mine disaster. The contract amount for Colin Ray is $20,000.00. Commissioner Sitterud questioned the cost for the performance. He suggested that in looking at the contract and all the requirements of the contract there is the possibility to blow the budget with this contract. Amanda Leonard assured the Commissioners that they have been very conscientious and conservative with the other items for the fair because they knew they would have to go bigger with the concert. Commissioner Cowley expressed concern that they would not be able to recoup their money. Shannon commented that in years past the concert has been free. Comments he has received from past attendees has indicated that people would be willing to pay for a big name artist. Amanda commented that recouping our money is not the purpose of the concert. The purpose is to draw people into the county. Commissioner Cowley commented on the attendance in the past years. He didn’t think we would have the people coming in. Amanda indicated that the attendance deficit was due to the date. This year it is in between International Days and the Carbon County Fair. She indicated that we have more vendors signed up this year than ever before. Commissioner Brady explained that part of the problem in the past has been marketing which we are going to be a better job with this year and hopefully Colin Ray will be a big draw along with other things we have going on for the fair. Commissioner Cowley asked where the concert would be held? Shannon indicated that the Aquatic Center on the lawn. Commissioner Sitterud asked how many people do you estimate you can accommodate? Shannon indicated at we can put at least 10,000 people on the lawn. Commissioner Brady asked Attorney Mike Olsen has had an opportunity to look over the contract. He indicated that he has looked it over. Shannon explained that the county has done 13 concerts in the past. He indicated that they have never had a theft, an injury or any event. The Sheriff’s Department has been on top of things every time. they have Search/Rescue, EMT’s etc. on the scene. Mr. Dellos asked what they plan to charge for tickets to the concert? Commissioner Brady indicated $5.00 a ticket. We are still talking about. Commissioner Sitterud asked what is their goal to recoup the cost? Shannon indicated that in the past there has never been a charge. But they hope that by getting bigger names they can get a better draw of people. Commissioner Sitterud expressed concern that they would be able recoup their money at $5.00 a ticket. Commissioner Cowley had the same concern. Julie Johansen commented that if they have a big name people will pay. Jordan commented that if we are not going to have a rodeo we have got to have a concert. He felt it was a good thing to have a big name come in. Mary Huntington commented that our whole fair is free. People will pay to go to the concert. Mike Olsen felt people would pay $10. 00 in heart beat. Randy Johnson asked if they have considered discounted pre-sale tickets? Commissioner Brady expressed a desire to recommend to the Fair Board to pre-sale tickets and charge $10.00 tickets. We would have to get the contract approval from Colin Ray and get it on social media asap. Commissioner Lynn Sitterud made a motion to approve a contract with Colin Ray for the 2017 Emery County Fair with a recommendation to the Fair Board to charge $10.00 at the gate and offer pre-sale tickets at a discount. Commissioner Keith Brady stepped down to second the motion. Commission Cowley abstained from voting.
(10) DISCUSS/APPROVE/DENY BYLAWS FOR THE EMERY COUNTY TRAVEL BUREAU.
Commissioner Paul Cowley made a motion to approve changes to the Emery County Travel Bureau By-Laws as proposed. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(11) DISCUSS/APPROVE/DENY MARKETING MATCH FUNDING FOR SOUTHEASTERN UTAH JUNIOR LIVESTOCK SHOW.
Jordan Leonard requested approval for marketing match funds for Southeastern Utah Junior Livestock Show. They have requested $3,500.00 and will match with the same for advertising the event. Commissioner Lynn Sitterud made a motion to approve Marketing Match Funding in the amount of $3,500.00 for Southeastern Utah Junior Livestock Show. The motion was seconded by Commissioner Paul Cowley. The motion passed. These marketing match funds are TRT funds that are, by law, to be used to establish and promote, recreation, tourism, film production and conventions. The funds are replenishing funds that have to be used to promote the county. The funds do not come from the General Fund.
(12) DISCUSS/APPROVE/DENY MARKETING MATCH FUNDING FOR MILLSITE LADIES GOLF ASSOCIATION.
Jordan Leonard requested approval for marketing match funds for Millsite Ladies Golf Association. They have requested $800.00. They will match with the same for promotional items to promote the ladies league. Commissioner Lynn Sitterud made a motion to approve marketing match funds in the amount of $800.00 for Millsite Ladies Golf Association. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(13) DISCUSS/APPROVE/DENY MARKETING MATCH FUNDING FOR MILLSITE GOLF COURSE.
Jordan Leonard requested approval for marketing match funds for Millsite Golf Course. They have requested $3,500.00. They will match with the same to advertise and promote the golf course. Commissioner Paul Cowley made a motion to approve marketing match funds for Ferron City/Millsite Golf Course. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(14) DISCUSS/APPROVE/DENY MARKETING MATCH FUNDING FOR EMERY COUNTY AQUATIC CENTER.
Jordan Leonard requested approval for marketing match funds for Emery County Aquatic Center. They have requested $$2,500.00. They will match with the same to advertise in Grand and Carbon County as well as to the climbers who utilize the pool. Commissioner Paul Cowley made a motion to approve matching funds in the amount of $2,500.00 for Emery County Aquatic Center. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(15) DISCUSS/APPROVE/DENY MARKETING MATCH FUNDING FOR COWBOY MEMORIAL RODEO ON JULY 28, 2017
Tina Carter requested approval for marketing match funds for Cowboy Memorial Rodeo on July 28, 2017. They have requested $3,500.00. They will match with the same to be used for advertising and promotional items for the rodeo. The high school rodeo team puts on this rodeo. Commissioner Paul Cowley made a motion to approve marketing match funds in the amount of $3,500.00 for the Cowboy Memorial Rodeo on July 28, 2017. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(16) DISCUSS/APPROVE/DENY MARKETING MATCH FUNDING FOR COX LODGING.
Tina Carter requested approval for marketing match funds for Cox Lodging. The have requested $1,500.00. They will match with the same to be used for promotional items and advertising on social media. Commissioner Lynn Sitterud made a motion to approve marketing match funds for Cox Lodging in the amount of $1,500.00. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(17) DISCUSS/APPROVE/DENY MARKETING MATCH FUNDING FOR KASEY’S PRO SHOP.
Tina Carter requested marketing match funds for Kasey’s Pro Shop. He has requested $3,500. 00. He will match with the same to be used for promotional items to promote Castle Rock Couples Tournament and other events at the golf course. Commissioner Paul Cowley made a motion to approve marketing match funds in the amount of $3,500.00 for Kasey’s Pro Shop. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(18) DISCUSS/APPROVE/DENY MARKETING MATCH FUNDING FOR HUNTINGTON CITY.
Tina Carter requested marketing match funds for Huntington City. They have requested $700. 00. They will match with the same to put information on the back of the welcome sign as you enter the city. Commissioner Lynn Sitterud made a motion to approve marketing match funds in the amount of $700.00 for Huntington City. The motion was seconded by Commissioner Paul Cowley. The motion passed. (19) DISCUSS/APPROVE/DENY MARKETING MATCH FUNDING FOR GREEN RIVER CITY.
Tina Carter requested marketing match funds for Green River City. They have requested $3,500. 00. They will match with the same for promotional items for Melon Days. Commissioner Lynn Sitterud made a motion to approve marketing match funds in the amount of $3,500.00 for Green River City. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(20) COMMISSION/ELECTED OFFICIALS REPORT
Attorney Mike Olsen reported he met with the organization RUA and Governor Herbert where they reported that California has some laws on their books that is artificially raising the price of coal as it enters their state. General Council Peter Sturba feels that this violates the commerce clause. RUA is going to be looking into it with Reyes and Mr. Sturba and possibly look into asking the State of Utah to initiate litigation against California.
Commissioner Sitterud reported on a letter that the county received informing us that the Africanized Honey Bees have made it as far north as Emery County. Just be aware that they are possibly here.
Commissioner Brady talked about a session he attended at the Governors’ Economic Summit.
(21) ADJOURN
ATTEST: COMMISSIONER: MINUTES OF THE REGULAR MEETING OF THE BOARD OF EMERY COUNTY COMMISSIONERS HELD IN THE EMERY COUNTY COURTHOUSE
MAY 2, 2017
Present at the meeting was Commission Chairman Keith Brady, Commissioner Paul Cowley, Commissioner Lynn Sitterud, Attorney Mike Olsen, Deputy Clerk/Auditor Carol Cox, elected officials and citizens.
CONSENT AGENDA
(1) APPROVAL OF CHECK EDIT LIST, REQUISITIONS AND DISPOSITIONS.
The Warrant Check Edit List # 244014 through and including #244143 was presented for payment.
There were no requisitions.
There was one disposition for a 10 key calculator #4266.
(2) APPROVAL OF MINUTES OF APRIL 18, 2017 COMMISSION MEETING
(3) APPROVAL TO RE-APPOINT PHILLIP ENGLEMAN TO THE FIRE PROTECTION DISTRICT BOARD OF DIRECTORS TO SERVE ANOTHER 4 YEAR TERM.
(4) NOTIFICATION. MICK ROBINSON HAS BEEN SELECTED AS THE PAST TIME INTERIM EMS DIRECTOR. WAGE INCREASE $1.00 PER HOUR. EFFECTIVE 4-8-17.
(5) APPROVAL OF A $45.00 CELL PHONE STIPEND FOR MICK ROBINSON AS THE INTERIM EMS DIRECTOR.
(6) APPROVAL OF MICK ROBINSON BEING ABLE TO TAKE THE EMS VEHICLE HOME OVERNIGHT ON THE EVENT IT IS IN THE BEST INTEREST OF THE COUNTY.
(7) APPROVAL OF KELLI NELSON AS A VOLUNTEER FOR THE MUSEUM OF THE SAN RAFAEL AND EMERY COUNTY FAIR.
(8) APPROVAL TO GIVE ARIAUNA DOWNARD A 3% WAGE INCREASE FOR SUCCESSFUL COMPLETION OF HER 6 MONTH ORIENTATION PERIOD AS A LIFEGUARD INSTRUCTOR. EFFECTIVE 5-8-17
(9) APPROVAL TO GIVE VANESSA JUSTESEN A 3% WAGE INCREASE FOR SUCCESSFUL COMPLETION OF HER 6 MONTH ORIENTATION PERIOD AS PART- TIME COMMISSION SECRETARY. EFFECTIVE 5-8-17
(10) APPROVAL TO GIVE MAXINE FIELDER A 3% WAGE INCREASE FOR SUCCESSFUL COMPLETION OF HER 6 MONTH ORIENTATION PERIOD AS A FULL TIME JUSTICE COURT CLERK I. EFFECTIVE 5-8-17
(11) APPROVAL OF KAREN RICHARDS TO BE A FULL TIME DEPUTY CLERK AUDITOR I WITH FULL BENEFITS. NO WAGE CHANGE. EFFECTIVE 5-8-17
Motion to approve the Consent Agenda was made by Commissioner Lynn Sitterud, seconded by Commissioner Paul Cowley, and the motion passed.
DISCUSSION AGENDA
(1) ITEMS PULLED FROM THE CONSENT AGENDA
Nothing
(2) DISCUSS/APPROVE/DENY SIGNING OF LETTER TO DOGM BOARD STATING EMERY COUNTY’S POSITIONS ON MINING AND WATER RESOURCES.
Commissioner Brady commented that Emery County already has a Resource Management Plan in place making providing comment easier for anyone asking for comment. Ray Petersen indicated that this came about due to an issue with Flat Canyon Lease and Skyline Mine which brings into question some water issues and the impact mining of that lease may have on our water resources. He put together comments pulled directly from the General Plan regarding mining and water resources. The comments were submitted to the board of DOGM and they have received the comments into record. Commissioner Paul Cowley made a motion to approve the signing of a letter to DOGM Board stating Emery County’s positions on mining and water resources. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(3) RATIFICATION OF LETTER TO MANTI-LASAL NATIONAL FOREST STATING EMERY COUNTY POSITIONS ON WILDERNESS EVALUATION.
Ray Petersen explained that as part of the Manti-LaSal National Forest’s plan revision process, (they are re-writing their general plan, current1986) as part of that process they have to evaluate for wilderness characteristics and if there any lands that should be looked at as far as wilderness designation. Ray indicated that he accumulated the county’s position regarding wilderness designation from the General Plan and submitted a comment letter last Friday. Commissioner Paul Cowley made a motion to approve ratification of a letter to Manti-LaSal National Forest stating Emery County position on wilderness designation. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(4) DISCUSS/APPROVE/DENY SIGNING OF THE NRCS-ADS-78 ASSURANCES RELATING TO REAL PROPERTY ACQUISITION, ON THE COTTONWOOD CREEK PROJECT, ADOBE WASH SITE AS SUPPORTED BY EMERY COUNTY ATTORNEY OPINION LETTER.
Attorney Mike Olsen explained that before NRCS will release funds for the Cottonwood Creek Project NRCS must prove to us they have acquired the proper right title to do the work. Signing the NRCS-ADS-78 assures that they have the legal ability to do the things they need to do so they can release the money to us. Commissioner Paul Cowley made a motion to approve the signing of NRCS-ADS-78. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(5) DISCUSS/APPROVE/DENY SIGNING PART III OF THE PARTIAL PAY ESTIMATE FOR THE EMERGENCY WATERSHED PROJECT.
Brenda Tuttle informed the Commissioners that this has already been taken care of through the check edit list. No action was taken.
(6) DISCUSS/APPROVE/DENY PACIFICORP CONTRACT FOR POWER ON JESSIE ALLRED’S PROPERTY IN CASTLE DALE.
Captain Kyle Ekker explained that the new dike on Cottonwood Creek in Castle Dale went through property owned by Jessie Allred, extensively diminishing the value of the property. The contract with Pacificorp is to pay for installation of power to the property in exchange for an easement through the property. Commissioner Lynn Sitterud made a motion to approve a Pacificorp contract for power on Jessie Allred’s property in Castle Dale. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(7) DISCUSS/APPROVE/DENY APPLICATION TO RENEW BLM RIGHT OF WAY #UTU- 5714-2.
Ray Petersen explained that Emery County applied for this ROW back in 1987 and it has since expired. This application is to renew the ROW south of Green River. Commissioner Paul Cowley made a motion to approve an application for ROW #UTU-5714-2. The motion was seconded by Commissioner Lynn Sitterud. The motion passed. (8) DISCUSS/APPROVE/DENY AGREEMENT WITH COUNTY SERVICES SUPPORT AND EMERY COUNTY TO ANALYZE CENTRALLY ASSESSED TAXES.
Attorney Mike Olsen explained that Utah Association of Counties, of which Emery County is member, has created an agency to help with administrative support to strategize with other counties on how to deal with centrally assessed taxes. It will cost the county $2,000.00 to participate based off the centrally assessed evaluations for each county of which we are on the upper limit due to our power plants and coal mines. Mr. Olsen had no objections to this agreement. Commissioner Paul Cowley made a motion to approve an agreement with County Services Support and Emery County to analyze centrally assessed taxes. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(9) DISCUSS/APPROVE/DENY TRAVEL BUREAU ANNUAL CERTIFIED FOLDER AGREEMENT.
Jordan Leonard explained the Annual Certified Folder Agreement. Jordan explained that we give them our brochures, and other marketing materials which they will disseminate for us in a certain region. Moab and Grand Junction have recently opened up as part of a region that we can get in on. These brochures will be mostly Green River brochures being distributed in Moab and Grand Junction. The purpose is to drive tourist into Green River. The company will keep the brochures stocked. The cost is $909.72 for Grand Junction and $1,041.96 for Moab. The money will come from TRT funds. It is for one year’s service from April through April. Commissioner Lynn Sitterud made a motion to approve Travel Bureau Annual Certified Folder Agreement. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(10) DISCUSS/APPROVE/DENY THE RESOLUTION TO MAKE DEPARTMENT HEAD POSITIONS AT WILL THROUGH ATTRITION.
Commissioner Brady explained that at will is the wrong wording. It is actually making the department head position an executive position. That is the wording in the resolution. Commissioner Paul Cowley commented that he put a lot of thought into this action. In his opinion this action doesn’t change anything but the wording. The individual still has representation. It doesn’t take place until the department head terminates employment with the county. When another individual is put in that position it would be executive position. Commissioner Paul Cowley made a motion to adopt Resolution 50317 making department head positions executive positions. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(11) DISCUSS/APPROVE/DENY BUILDING SYSTEMS AGREEMENT WITH HONEYWELL INTERNATIONAL INC. FOR THE EMERY COUNTY AQUATIC CENTER.
Commissioner Brady explained that Emery County has an agreement with Honeywell International, Inc. for insurance for their equipment at the Emery County Aquatic Center. Shannon has used them often. The price is a fixed price of $5,190.00 for three years. Having this in place has saved the county a lot of money. Shannon was able to talk Honeywell down from $5,800.00 price to $5,190.00 for the next three years. Commissioner Lynn Sitterud made a motion to approve a building systems agreement with Honeywell International, Inc. for the Emery County Aquatic Center. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(12) COMMISSION/ELECTED OFFICIALS REPORT.
Meagan Wilberg, Museum of the San Rafael reported on the opening of the Smithsonian Exhibit ‘The Way We Worked’ at the MOSR from May 20, 2017 through July 8, 2017. There is also an exhibit of ‘The Way We Worked in Emery County’ from 1880 through 1980. American Legion from Orangeville will be holding a bake sale during the opening on the 20th.
Keith Brady reported on a meeting with agencies responsible for watching out for our water.
Sheriff Funk reported on Deputy Ward’s daughter going in for another surgery. Commissioner Brady commented on a fundraiser for Kina Jewkes.
(13) ADJOURN
The meeting was adjourned.
ATTEST: COMMISSIONER: MINUTES OF THE REGULAR MEETING OF THE BOARD OF EMERY COUNTY COMMISSIONERS HELD IN THE EMERY COUNTY COURTHOUSE
MAY 16, 2017
Present at the meeting was Commission Chairman Keith Brady, Commissioner Paul Cowley, Commissioner Lynn Sitterud, Attorney Mike Olsen, Deputy Clerk/Auditor Carol Cox, elected officials and citizens.
CONSENT AGENDA
(1) APPROVAL OF CHECK EDIT LIST, REQUISITIONS, AND DISPOSITIONS.
The Warrant Check Edit List #244182 through and including #244307 was presented for payment.
Requisitions were presented for the following:
REQUISITION DESCRIPTION AMOUNT
16-17 2017 Caterpillar 326L CF Excavator Sheriff/Huntington Debris Basin/Road Dept. $223,655.00
There were no dispositions.
(2) APPROVAL OF MINUTES OF MAY 2, 2017 COMMISSION MEETING
(3) APPROVAL OF BUSINESS LICENSE FOR HANSEN’S EQUIPMENT SERVICES.
(4) APPROVAL OF A 3% WAGE INCREASE FOR KELLI NELSON WHO HAS SUCCESSFULLY COMPLETED HER 6 MONTH ORIENTATION PERIOD. GRADE 13. EFFECTIVE 5-22-17.
(5) APPROVAL TO GIVE DAX HALL, ALLEN DURRANT, BAILEY HUGGARD, AND STUART MOSS A 3% WAGE INCREASE FOR SUCCESSFUL COMPLETION OF THEIR 6 MONTH ORIENTATION PERIOD. GRADE 3. EFFECTIVE 5-22-17.
(6) NOTIFICATION: ZACHERY FAUVER WAS SELECTED AS A PART TIME LIFEGUARD WORKING 19 3/4 HOURS PER WEEK. WAGE GRADE 3. EFFECTIVE 5-9-17
Motion to approve the Consent Agenda was made by Commissioner Paul Cowley, seconded by Commissioner Lynn Sitterud, and the motion passed.
DISCUSSION AGENDA
(1) ITEMS PULLED FROM THE CONSENT AGENDA.
Nothing.
(2) OPENING BIDS FOR THE COTTONWOOD CREEK PROJECT, ADOBE WASH SITE.
Commissioner Brady indicated he received a text from Captain Kyle Ekker stating that after talking with NRCS we should consider tabling the opening of bids for the Adobe Wash Site and leave the bids closed to protect the unit prices of the contractors. We need a new design on the spillway. Merrill Johansen explained that basically, J&T had the state here reviewing the plans at the same time we were bidding it to hurry up the process. They met with them yesterday and the state wants to move the spillway to a different location. We are doing some extra surveys to decide if it is a big change or if it is just going to increase some of the quantities. Once they know that, they will decide if they need to re-show the site with the changes and rebid it or keep it at current unit prices and open them in the next meeting. Motion to table was made by Commissioner Paul Cowley, seconded by Commissioner Lynn Sitterud, and the motion passed.
(3) PRESENTATION BY BRET MILLS REGARDING POSSIBLE NEEDS AND CHANGES TO TV AND COMMUNICATION.
Bret Mills, Communications explained possible changes to TV and Communications in Emery County. Congress, in a way to get some extra money in their account, put all the free over the air tv channels from channel 37 and up out for auction to the highest bidder. They sold for $8 billion dollars. This was much less than the $80 billion they had anticipated. At first the plan was to make enough money to help the main, high power stations in Salt Lake City pay for all their equipment to move their channels from 36 and down. Nevertheless, they sold Utah’s, free, over the air, tv channels from 37 and up to T-Mobile. So basically T-Mobile can now come in and give us a letter and in180 days we would have to be off those channels. This leaves the county on our own. The tv system is huge. You have to re-engineer all of it because one site affects the other site. The tv translators are a secondary service, we don’t get any money from them, unless T-Mobile wants to help us move to keep in good standing with the public. Bret indicated that he talked with Senator Orrin Hatch about this a long time ago. This plan was sold to the legislature with the premise of offering free, over the air, internet to the citizens of the state Then they pulled a fast one and sold it to the cell company to make a profit. Before we changed over to digital channels we went to CIB for a grant for enough money to change the television signal equipment from analog to digital. This is called the Eastern Utah Televison Technologies Association. It is collaborative effort with Emery, San Juan, Carbon, Uintah, Duchesne and later Dagget County as they are tied to each other for the television signal. Grand County pulled out before the agreement was signed. With our geographic location there is no way for us to get tv right from Salt Lake. We pick it up from the mountain above Saratoga Springs where it is micro waved down, split out and sent to the Uintah Basin and down to Monticello ( San Juan County). We will have to change the head end equipment and re-tune all the amplifiers at a cost of approximately $3,000.00 per channel per site to change to a different channel for the channels 36 and down. Not only is there a cost involved but we will have to rearrange everything and re- engineer the channels so that they don’t overlap. If Carbon County puts channel 15 on Star Point site above Wattis and we are on Horn Mountain on channel 15 then people in Elmo and Cleveland will not get tv because they will overlap. So there is a lot of engineering involved, as well as work/collaboration between the different counties involved. Bret indicated will be working on micro wave at Cedar Mountain to shoot a signal to Green River to keep them on. This will eliminate 9 channels that we can re-use to spread out throughout the county. A lot of engineering is going to be involved. He will try to keep the cost down as much as possible. He indicated that they may have to put some channels going up the canyons back on VHF. We can’t use channel 6 and down. 7 through 13 are VHF high band because of interference issues with the digital signal. Hopefully the Commission will support us through the AOG to get grants and keep things going for our citizens. We have a huge amount of citizens using over the air free tv. It is important that within our communities that we continue to offer free over the air tv. With our economy right now there are so many people that are on fixed incomes or are out of work and can’t afford to spend $100.00 on cable so we need to do all we can to keep our free over the air tv going.
(4) RATIFY SIGNING OF THE CONSTRUCTION PLAN FOR THE ADOBE WASH SEDIMENT BASIN, PART III OF THE EMERGENCY WATERSHED PROTECTION PROJECT.
Commissioner Lynn Sitterud made a motion to ratify the signing of the construction plan for the Adobe Wash Sediment Basin, Part III of the Emergency Watershed Protection Project. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(5) DISCUSS/APPROVE/DENY REQUEST FOR FEE WAIVER AT THE AQUATIC CENTER FOR SPECIAL NEEDS DAY ON JUNE 24, 2017.
Shannon Hiatt, Emery County Aquatic Center along with Ignacio Arrien from Castle Dale City requested a fee waiver at the Aquatic Center for a Special Needs Day on June 24, 2017. They requested the pool for free swim time for the kids from 1pm until 4pm. This is a program that the Recreation SSD used to sponsor. Castle Dale City is bringing the program back. They will host a luau for the kids and their families. Commissioner Lynn Sitterud made a motion to approve a fee waiver at the Aquatic Center for Special Needs Day on June 24, 2017. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(6) DISCUSS/APPROVE/DENY EMERY COUNTY SHERIFF’S OFFICE APPLYING FOR THE FY2017 EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM (EMPG).
Commissioner Paul Cowley made a motion to approve allowing the Emery County Sheriff’s Office to apply for the FY2017 Emergency Management Performance Grant Program (EMPG). The motion was seconded by Commissioner Lynn Sitterud. The motion passed. (7) DISCUSS/APPROVE/DENY CONTRACT WITH RYAN SHUPE FOR THE 2017 EMERY COUNTY FAIR.
Commissioner Brady explained that Ryan Shupe is recommended to be the opening act for Collin Raye for the 2017 Emery County Fair. The contract is for $3,500.00. Commissioner Lynn Sitterud made a motion to approve a contract with Ryan Shupe for the 2017 Emery County Fair. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(8) DISCUSS/APPROVE/DENY ANNUAL STATEMENT FOR CONTINUED PROPERTY TAX EXEMPTION FOR 2017.
The Annual Statement for Continued Property Tax Exemption for 2017 was presented for approval:
2017 PROPERTY TAX EXEMPTION
American Legion Post 42 #1-130-18
Castle Dale Independent Baptist Church #01-002C-0013
Daughters of Utah Pioneers-Hunt #1-196-22
Daughters of Utah Pioneers-Orange #1-253-18
Daughters of Utah Pioneers-Elmo #1-72-16
Daughters of Utah Pioneers-CD #1-15-20
Desert Edge Christian Chapel #01-179-1
Ferron Cattleman’s Association #5-87-27
First Baptist Church of Emery County #1-126-45
Four Corners Mental Health #1-13-46
Green River Bible Church #1-151G-36 #1-151F-18&19
LDS Church various #’s
Sovereign Grace Fellowship #1-177A-20
Orangeville City/ Housekeepers #1-239-52
Rural Utah Child Development #1-180-20
Roman Catholic Church #3-50-16 #1-151H-25
Stuart B. Wilson Orient Lodge #1-151G-54
Rocky Mountain West Baptist Mission #5-94-6 #5-93-7 #5-94-3 #5-94-5
United Mine Workers Of America #4-16-14 Utah Museum of Natural History/ University Of Utah #5-56-2 #3-130-3 #3-130-1 #3-127-1
Utah Housing / Crown Homes #1-168-4 #1-68-7 #1-29A-3 #1-29A-4
Friends of Green River-PACT #1-162-7
Epicenter #1-154A-22
Commissioner Lynn Sitterud made a motion to approve the Annual Statement for Continued Property Tax Exemption for 2017. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(9) RATIFY COMMENTS ON JOE’S VALLEY BOULDERING AREA ENVIRONMENTAL ASSESSMENT.
Ray Petersen prepared comments for Emery County regarding an EA for Joe’s Valley Bouldering Area. These comments had to be submitted to the BLM and US Forest Service two weeks ago. The comments need to be ratified. This is for pit toilets, campsites, trails in the bouldering area. Commissioner Paul Cowley made a a motion to ratify approval of comments regarding an EA for Joe’s Valley Bouldering. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(10) DISCUSS/APPROVE/DENY ADVERTISING RFP FOR EMS BILLING.
Commissioner Keith Brady indicated that this is something that the EMS Quality Improvement Team has been discussing. They want to make sure that the county is getting the best service for the money. Commissioner Paul Cowley made a motion to approve advertising for an RFP for EMS billing. The motion was seconded by Commissioner Lynn Sitterud. the motion passed (11) DISCUSS/APPROVE/DENY REPAIR THE SOFT SPOT ON SR-10, PART OF THE SOUTH MOORE CUT-OFF PROJECT, PHASE 10.
Merrill Johansen explained that they filled out a C-107 which is a change order just to the get the contractor started. UDOT and Federal Highway had to sign the change order. Then we will have to do a change order for the Commission to sign. Funds were remaining from the federal funds from the So. Moore Cut-off Road Pjt. The matching funds will come from UDOT so the county won’t have to come up with money. All the repairs are on the highway from the existing conditions of the roadway. They have a portion of the existing road that will be roto milled out and replace it with asphalt to fix the road. They will do the full length of the project rather than gamble that the rest will not do the same. Commissioner Paul Cowley made a motion to approve repair of the soft spot on SR-10, part of the So. Moore Cut-Off Project, Phase 10. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(12) DISCUSS/APPROVE/DENY STORYTIME BAG POLICY FOR EMERY COUNTY LIBRARIES.
Carole Larsen, Library Director reported on Storytime Bags for the Emery County Libraries and the need for a policy regulating them. She indicated that the program includes a bag, book, craft or activity that the parents can do with the kids. Some of the items need to be returned to the Library necessitating the need for a policy. Attorney Mike Olsen has reviewed the policy and approves. Commissioner Paul Cowley made a motion to approve Storytime Bag Policy for the Emery County Libraries. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(13) DISCUSS/APPROVE/DENY EMERY COUNTY LIBRARY VOLUNTEER POLICY.
Commissioner Lynn Sitterud made a motion to approve Emery County Library Volunteer Policy. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(14) DISCUSS/APPROVE/DENY MOU WITH EMERY COUNTY SCHOOL DISTRICT FOR PURCHASE OF WIBIT.
Commissioner Brady explained that a WiBit is an inflatable obstacle course. We have talked to the Emery County High School Principal, the High School Swim Coach, and the Emery County School District Board. It has been approved by the Emery County School Board. Basically the MOU is to formalize an understanding of cooperation and assistance between Emery County and The Emery County School District regarding the purchase and use of WiBit water sports equipment at the Emery County Aquatic Center. The purchase of the equipment will aid in the training, and enhance the skills of the Emery County High School Swim Team. It will also diversify the Aquatic Center and provide another alternative in an effort for the health and welfare of the public. EC and the District agree to jointly purchase a WiBit. Each party will pay 50% of the cost of the equipment. The WiBit will be owned by Emery County and fixed asset tag affixed. The County will provide maintenance, insurance cost and other expenses during the term of the agreement. The County and district agree that the Aquatic Center will charge $5.00 per person per hour for use of the WiBit and reserves the right to alter this fee schedule if deemed necessary. After costs are paid, 33% of the profits will go the Swim Team paid each year by November 1st. Commissioner Paul Cowley made a motion to approve of MOU with Emery County School District for purchase of WiBit. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(15) DISCUSS/APPROVE/DENY SPONSORING THE 2017 GRADUATION SPREAD IN ETV 10 NEWSPAPER.
Commissioner Lynn Sitterud made a motion to approve sponsoring the 2017 Graduation Spread in the ETV 10 Newspaper. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(16) DISCUSS/APPROVE/DENY APPLICATION FOR RENEWAL OF CEDAR MOUNTAIN COMMUNICATIONS SITE RIGHT-OF-WAY.
Ray Petersen explained that the County assumed this ROW with the BLM four years ago from Green River City. It is a 100 x 100 area on Cedar Mountain for the Communication Site. This is a renewal of that ROW. Commissioner Paul Cowley made a motion to approve renewal of Cedar Mountain Communications Site ROW. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(17) DISCUSS/APPROVE/DENY ADVERTISING FOR CONSTRUCTION OF THE DES BEE DOVE TRAIL.
Tina Carter explained that J&T is ready to advertise for construction of the Des Bee Dove Trail. She indicated that some of the work has already been done. This work is for heavy equipment. Commissioner Paul Cowley made a motion to approve advertising for construction of the Des Bee Dove Trail. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(18) DISCUSS/APPROVE/DENY ADJUSTMENT TO THE RESTROOM CLEANING AND MAINTENANCE AGREEMENT FOR THE BUCKHORN INFORMATION CENTER.
Tina Carter indicated that the person who has been doing the restroom cleaning and maintenance for the Buckhorn Information Center has been doing a fantastic job for a number of years. The Travel Bureau requested to increase his contract amount from $210.00 a month to $250.00 a month. Commissioner Lynn Sitterud made a motion to approve an adjustment to the Restroom Cleaning and Maintenance Agreement for the Buckhorn Information Center. The motion was seconded by Commissioner Paul Cowley. The motion passed. (19) DISCUSS/APPROVE/DENY MARKET MATCH FUNDING FOR JOE’S VALLEY FEST.
Tina Carter requested approval for Market Match Funding in the amount of $3,500.00 for Joe’s Valley Fest that they will match with $3,500.00 to pay for advertising. Commissioner Lynn Sitterud made a motion to approve Market Match Funding in the amount of $3,500.00 for Joe’s Valley Fest. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(20) DISCUSS/APPROVE/DENY MARKET MATCH FUNDING FOR EMERY COUNTY SEARCH AND RESCUE SAN RAFAEL CLASSIC TRIATHLON.
Tina Carter requested approval for Market Match Funding for Emery County Search and Rescue San Rafael Classic Triathlon in the amount of $3,000.00 that they will match to advertise their annual San Rafael Classic Triathlon in July. Commissioner Lynn Sitterud made a motion to approve Market Match Funding for Emery County Search and Rescue San Rafael Classic Triathlon in the amount of $3,000.00. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(21) DISCUSS/APPROVE/DENY MARKET MATCH FUNDING FOR JOHN WESLEY POWELL RIVER HISTORY MUSEUM FOR THE RIVER RUNNERS HALL OF FAME RENDEZVOUS.
Jordan Leonard requested approval for Market Match Funding for John Wesley Powell River History Museum for the River Runners Hall Of Fame Rendezvous in the amount of $3,500.00. The projected cost of the project is $10,000.00. Commissioner Lynn Sitterud made a motion to approve Market Match Funding in the amount of $3,500.00 for the John Wesley Powell River History Museum for the River Runners Hall of Fame Rendezvous. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(22) DISCUSS/APPROVE/DENY MARKET MATCH FUNDING FOR GREEN RIVER MELON CRUISE CAR SHOW.
Jordan Leonard requested Market Match Funding for Green River Melon Cruise Car Show in the amount of $1,500.00 that they will match to pay for advertising. Commissioner Paul Cowley made a motion to approve Market Match Funding for Green River Melon Cruise Car Show in the amount of $1,500.00. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(23) DISCUSS/APPROVE/DENY 2017 ADVERTISING AGREEMENT WITH ETV CHANNEL 6 LOOP.
Jordan Leonard requested approval for advertising agreement with ETV Channel 6 Loop. Jordan indicated the cost s $150.00 per month for 2-30 second commercial type ads to run on Channel 6. Jordan added that this is a good opportunity to get 3 minutes per hour of advertising. Commissioner Lynn Sitterud made a motion to approve Advertising Agreement with ETV Channel 6 Loop. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(24) DISCUSS/APPROVE/DENY LETTER OF GOED REGARDING MONIES THAT WERE GIVEN TO SUCDC.
Jordan Leonard explained that the State Legislature is looking at not allowing businesses to get the 100% tax credit. A letter to the Governor’s Office of Economic Development has been drafted recognizing the Southeast Utah Community Development Corporation for the asset that they have been to our community. They focus on helping with other programs, such as suicide prevention, and are constantly helping those in need in our community. The letter expressed the feeling that the enterprise zone tax credits have been very beneficial and allow programs like this to continue. The letter expressed the feeling of the Commission that the enterprise zone tax credits have been very beneficial to our local non-profits, and they hope that the enterprise zone tax credits will continue in the future. Commissioner Paul Cowley made a motion to approve a letter of GOED regarding monies that were given to SUSDC. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(25) DISCUSS/APPROVE/DENY LETTER OF SUPPORT TO GOVERNOR’S OFFICE OF ECONOMIC DEVELOPMENT REGARDING BEAR PROGRAM.
Commissioner Paul Cowley made a motion to approve a letter of support to Governor’s Office of Economic Development regarding BEAR Program. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(26) DISCUSS/APPROVE/DENY SPONSORSHIP AGREEMENT WITH CHADWICK BOOTH & CO. FOR THE COUNTY SEAT.
Commissioner Brady stated that the Travel Bureau has agreed to pay half of the $6,600.00 sponsorship amount with Chadwick Booth & Co. for the County Seat. So Travel Bureau will pay $3,300.00 and Emery County will pick up the other $3,300.00. Commissioner Paul Cowley made a motion to approve sponsorship agreement with Chadwick Booth & Co. for the County Seat. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(27) COMMISSION/ELECTED OFFICIALS REPORT.
Commissioner Sitterud reported that Mac Huntington has been a long time Board member and Chairman of the Planning Commission. Judy Scott has been a long time board member of the Planning Commission. They have both indicated that they are terminating their positions on that board. Commissioner Sitterud expressed his appreciation to Mac and Judy for their years of dedication and service.
Commissioner Brady reported that there are 2 slots left for the Blood Drive on May 31st. “Women in Business” Conference will be May 17th, and May 18th . The Museum of the San Rafael is hosting “The Way We Worked” a traveling exhibition created by the Smithsonian Institution and sponsored by Utah Humanities. Open House is Saturday, May 20th from 12:00 pm until 3:00 pm. It will run for 2 months.
(28) ADJOURNMENT
The meeting was adjourned.
ATTEST: COMMISSIONER: MINUTES OF THE SPECIAL MEETING OF THE BOARD OF EMERY COUNTY COMMISSIONERS HELD IN THE EMERY COUNTY COURTHOUSE
MAY 25, 2017
Commissioner Lynn Sitterud was present at the meeting. Commissioner Paul Cowley attended the meeting via phone, as per Attorney Mike Olsen’s counsel. Commissioner Keith Brady joined the meeting vis phone also. Attorney Mike Olsen was present as were Deputy Clerk/Auditor Carol Cox, elected officials and citizens.
(1) OPEN AND REVIEW BIDS FOR MILLSITE DAM PROJECT.
Commissioner Lynn Sitterud opened the bids for the Millsite Dam Project and read the bids aloud as follow:
Heeter GeoTechnical Construction $27,395,000.00 W.W. Clyde $33,488,727.00 Whitaker $26,947,109.00 Staker/Parsons (Nielson Construction) $22,224,074.00 RSCI $30,102,691.20 Granite Construction $24,617,915.00
Commissioner Paul Cowley made a motion to turn the bids over to the state engineers for review and decision of award. Commissioner Lynn Sitterud stepped down and seconded the motion. The motion passed.
(2) DISCUSS/APPROVE/DENY ADOPTING A RESOLUTION AUTHORIZING THE FILING OF CROSS-APPEALS FOR 2017 CENTRALLY ASSESSED PROPERTIES
Attorney Mike Olsen explained that Pacificorp has filed an appeal on their 2017 taxes. All counties in Utah, with the exception of Wayne County, do business with Pacificorp. Mr. Olsen indicated that he attended a meeting with representation from all the counties affected. A Resolution was drafted for review of each of those counties. Emery County needs to decide if they want to participate in the filing of cross-appeals for 2017 Centrally Assessed Properties. Attorney Mike Olsen recommended participation in the filing of cross-appeal process for 2017 Centrally Assessed Properties. Commissioner Paul Cowley made a motion to adopt Resolution 5-25-17 authorizing the filing of Cross Appeals for 2017 Centrally Assessed Properties. The motion was seconded by Commissioner Keith Brady. The motion passed. 2 Special Commission Meeting Minutes May 25, 2017
(3) ADJOURN
Commissioner Keith Brady made a motion to adjourn the meeting. The motion was seconded by Commissioner Paul Cowley. The motion passed.
ATTEST: COMMISSIONER: MINUTES OF THE REGULAR MEETING OF THE BOARD OF EMERY COUNTY COMMISSIONERS HELD IN THE EMERY COUNTY COURTHOUSE
JUNE 6, 2017
Present at the meeting was Commission Chairman Keith Brady, Commissioner Paul Cowley, Commissioner Lynn Sitterud, Attorney Mike Olsen, Deputy Clerk/Auditor Carol Cox, elected officials and citizens.
CONSENT AGENDA
(1) APPROVAL OF CHECK EDIT LIST, REQUISITIONS, AND DISPOSITIONS.
The Warrant Check Edit List # 244326 through and including #244517 was present for payment.
Requisitions were presented for the following:
REQUISITION DESCRIPTION AMOUNT
17-17 (6) Kenwood Radios w/antenna/cable kits Communications/Highway $4,526.40
18-17 WiBit AquaTrack Aquatic Center $11,570.00
19-17 Cell Phone Booster for Jail Sheriff $ 2,122.82
Dispositions were presented for the following:
#8991, calculator from the Assessor’s office.
(2) APPROVAL OF MINUTES OF MAY 16, 2017 COMMISSION MEETING.
(3) APPROVAL TO APPOINT MARC STILSON TO REPRESENT ORANGEVILLE CITY ON THE EMERY COUNTY RECREATION BOARD.
(4) APPROVAL TO APPOINT TAWNIE WORTHEN TO BE A DISTRICT AGING COUNCIL MEMBER.
(5) RATIFY THE REHIRING OF ERIK NIELSEN AS A WEED & MOSQUITO TECHNICIAN. WAGE $13.50 PER HOUR. EFFECTIVE 5-30-17. (6) APPROVAL TO GIVE BECKY JEWKES A 3% WAGE INCREASE FOR SUCCESSFUL COMPLETION OF HER 6 MONTH ORIENTATION PERIOD AS THE HUNTINGTON BRANCH LIBRARIAN. EFFECTIVE 6-12-17.
(7) APPROVAL OF LEANNE SEELY TO BE A VOLUNTEER FOR THE MUSEUM OF THE SAN RAFAEL.
(8) APPROVAL OF COUNTY CREDIT CARD FOR KELLI NELSON, DIRECTOR OF DEPARTMENT OF AGING.
(9) APPROVAL OF OUT OF STATE TRAVEL FOR COMMISSIONER KEITH BRADY TO TRAVEL TO WASHINGTON, D.C.
Commissioner Paul Cowley made a motion to pull agenda item #8 from the Consent Agenda and approve the other items on the agenda. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
DISCUSSION AGENDA
(1) ITEMS PULLED FROM THE CONSENT AGENDA
Agenda Item # 8 was pulled from the Consent Agenda.
(2) AWARD BIDS FOR MILLSITE DAM REHABILITATION PROJECT.
Eric Dixon, Department of Natural Resources submitted a letter to the Board of Commissioners stating that they have reviewed the bidding information that was submitted by Nielson Construction for the Millsite Dam Rehabilitation bid opening, which was held on May 25, 2017. Based on the review of their submitted bid and accompanying documentation, they recommend that the Millsite Dam Rehabilitation construction contract be awarded to Nielson Construction for the bid price of $22,224,074. Tracy Behling, Ferron Canal and Reservoir Company reported that their board was a part of the review process and agree with the state’s decision of award.
(3) OPEN AND REVIEW BIDS FOR ADOBE WASH SEDIMENT BASIN PROJECT.
Bids were opened and read aloud for the Adobe Wash Sediment Basin Project as follow:
1. Staker/Parson/Nielson Construction $1,714,195.00 2. Harrison Oil Field Service, Inc. $1,511,389.00 3. Feller Enterprises $1,307,355.00 4. Nelco Contractors $1,510,618.50
Commissioner Lynn Sitterud made a motion to turn the bids over to Johansen & Tuttle Engineering for comparison review of bids for accuracy and then award the bid to the lowest bidder. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(4) OPEN AND REVIEW BIDS FOR HUNTINGTON AIRPORT CURATOR.
There was one bid for the Huntington Airport Curator. The bid was from Dal Guymon. Commissioner Lynn Sitterud made a motion to have Commissioner Cowley review the bid to confirm he meets the specified qualifications and upon that confirmation award the bid to Dal Guymon. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(5) OPEN AND REVIEW BIDS FOR EMERY COUNTY AMBULANCE BILLING AND COLLECTIONS.
Bids were opened and read aloud for Emery County Ambulance Billing and Collections as follow: Fire Recovery EMS Ambulance System Reimbursement, Inc. Gold Cross Services, Inc. JCI Billing Services Ambulance Medical Billing
Commissioner Lynn Sitterud made a motion to turn the bids over to the EMS Quality Improvement Team for review and recommendation. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(6) OPEN AND REVIEW BIDS FOR COUNTY CONSULTING ECONOMIC IMPACT ANALYST.
Bids were opened and read aloud for County Consulting Economic Impact Analyst as follow:
Lewis, Young, Robinson, Birmingham, Inc EFG Consulting Zions Public Finance
Commissioner Brady stated that in reviewing the bids it appears Zions Public Finance may be the lowest offer. He recommended a review of the bids for determination of award. Commissioner Paul Cowley made a motion to review the bids and make a determination of awarding the bid to the firm that best meets our needs. The motion was seconded by Commissioner Lynn Sitterud. (7) OPEN AND REVIEW BIDS FOR AN AGENCY SPECIALIZING IN REAL ESTATE AND SENIOR HOUSING & CARE.
One bid was opened and read aloud for an agency specializing in real estate and senior housing & care. The bid was from Marcus & Millichap. Commissioner Lynn Sitterud made a motion to forward the bid to Emery County Care and Rehabilitation Board for recommendation and bring it back to the next Commission Meeting for award of bid. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(8) DISCUSS/APPROVE/DENY CHANGE ORDER FOR THE EMERGENCY WATERSHED PROTECTION PROJECT.
Merrill Johansen, J&T Engineering explained that they are closing this project out. The change order is for -$51,093.70, bringing the total contract cost to $481,719.45. The reason for the under run is we were going to do a larger project along XTO but couldn’t get the right-of-way in time, so we did a smaller portion of that project decreasing the total contract amount. This closes out the project. Next Commission meeting we will have a pay request for the release of retainage on the project. Commissioner Paul Cowley made a motion to approve the change order for the Emergency Watershed Protection Project. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(9) DISCUSS/APPROVE/DENY CHANGE ORDER FOR THE EMERGENCY WATERSHED PROTECTION PROJECT CASTLE DALE DIKE PROJECT.
Merrill Johansen explained that J&T has completed the final inspection of the project and they are ready to close this project out. They have passed off all the work completed by Perco Rock. The reason for the change order is the project decrease by -$5,600.00. The new contract amount is $178,148.00. Next Commission meeting we will have a pay request for the release of retainage on the project. Commissioner Paul Cowley made a motion to approve a change order for the Emergency Watershed Protection Project Castle Dale Dike Project. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(10) DISCUSS/APPROVE/DENY BEER TAX FUNDS PLAN FOR 2018.
Captain Kyle Ekker indicated that the Beer Tax Funds Plan for 2018 includes using the funds for DUI shifts, housing, attorney fees, etc. This is an annual application. Commissioner Paul Cowley made a motion to approve Beer Tax Funds Plan for 2018. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(11) DISCUSS/APPROVE/DENY SIGNING THE NRCS-ADS-78 ON THE COTTONWOOD CREEK PROJECT ADOBE WASH SITE. Commissioner Paul Cowley made a motion to approve signing the NRCS-ADS-78 on the Cottonwood Creek Project Adobe Wash Site with an accompanying attorney opinion letter from Emery County Attorney Mike Olsen. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(12) DISCUSS/APPROVE/DENY SIGNING EMERY COUNTY SHERIFF’S OFFICE APPLICATION FOR THE FY 2018 STATE TASK FORCE GRANT (STFG)
Captain Kyle Ekker explained that Emery County has a Drug Task Force and every year they have to apply for Emery County’s portion of State Drug Task Force Funds that they use for drug buys and support of the task force. The grant is a pass through grant in the amount of $41,915.00 Commissioner Lynn Sitterud made a motion to approve the signing of Emery County Sheriff’s Office application for the FY 2018 State Task Force Grant (STFG). The motion was seconded by Commissioner Paul Cowley. The motion passed.
(13) RATIFICATION OF MUDDY CREEK IRRIGATION COMPANY (MCIC) LETTER.
Commissioner Brady explained that Muddy Creek Irrigation Company asked for a letter of support for a project that they have going on. Commissioner Paul Cowley made a motion to ratify approval of Muddy Creek Irrigation Company letter of support. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(14) RATIFICATION OF CONTRACT BETWEEN ECSO AND THE STATE OF UTAH FOR COURT SECURITY.
Commissioner Paul Cowley made a motion to ratify approval of a contract between Emery County Sheriff’s Office and State of Utah for Court Security. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(15) DISCUSS/APPROVE/DENY ANNUAL SIGNING OF THE AREA PLAN FOR FOUR CORNERS COMMUNITY BEHAVIORAL HEALTH.
Commissioner Lynn Sitterud made a motion to table this until next Commission Meeting. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(16) DISCUSS/APPROVE/DENY JEFF KELSEY INSURANCE RENEWAL FOR PLAN YEAR JULY 1, 2017-JUNE 30, 2018.
Jeff Kelsey reviewed Emery County’s insurance plan for July 1, 2017 through June 30, 2018. He reviewed the past year’s performance and activity. He reviewed the offers that were submitted for the coming year’s insurance plan. Fidelity provided the best offer for insurance plan for renewal. Mr. Kelsey recommended option 1 which is accepting the offer from Fidelity for the plan year July 1, 2017 through June 30, 2018. Commissioner Paul Cowley made a motion to approve renewal of insurance for plan year July 1, 2017 through June 30, 2018 with Fidelity. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(17) DISCUSS/APPROVE/DENY APPROVAL OF THE 2017 TAX SALE PROCEEDINGS.
Commissioner Brady reported that there were 7 properties that were up for sale on the May Tax Sale. 7 properties were purchased. The deeds have been recorded and pending approve of the Commissioners will be sent to the new owners. Commissioner Lynn Sitterud made a motion to approve of the 2017 May Tax Sale proceedings. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(18) DISCUSS/APPROVE/DENY AVIATION FUEL SUPPLY AGREEMENT.
Jeff Guymon explained that this agreement has to be in place to purchase aviation fuel for the Huntington Airport. He recommended changing the agreement from 5 years to 1 year to allow time to monitor activity at the airport and research other possible AV Fuel vendors. They discussed the possibility to have Jet A Fuel available at the airport. At this time the Sheriff’s Department has to go to Carbon County for Jet A Fuel to fuel their Search and Rescue equipment Commissioner Paul Cowley made a motion to approve Aviation Fuel Agreement, changing the term of years from five to one year. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(19) DISCUSS/APPROVE/DENY TRANSFERRING FUNDING OF $24,967.45 FROM EMERY COUNTY GENERAL FUND TO AGING FUND.
At the request of Brenda Tuttle this item will be stricken.
(20) DISCUSS/APPROVE/DENY DONATIONS ON BEHALF OF THE EMERY COUNTY SUMMER YOUTH SOBER PROGRAM.
No one showed up for this item, therefore Commissioner Lynn Sitterud made a motion to table. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(21) DISCUSS/APPROVE/DENY ADVERTISING FOR BIDS FOR CLEANING DURING THE 2017 EMERY COUNTY FAIR.
Commissioner Lynn Sitterud made a motion to advertise for bids for cleaning during the 2017 Emery County Fair. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(22) DISCUSS/APPROVE/DENY FOR BIDS FOR A SOUND TECHNICIAN FOR THE 2017 EMERY COUNTY FAIR. Commissioner Paul Cowley made a motion to advertise for bids for a sound technician for the 2017 Emery County Fair. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(23) DISCUSS/APPROVE/DENY LETTER TO BLM RELINQUISHING EXPIRED RIGHT-OF- WAY UTU-059972, DRY WASH NARROWS.
Ray Petersen explained that this ROW was originally granted in 1987 for realignment work. The work is done and we no longer need the ROW. Commissioner Paul Cowley made a motion to approve a letter to BLM relinquishing an expired ROW UTU-059972, Dry Wash Narrows. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(24) DISCUSS/APPROVE/DENY AGREEMENT BETWEEN EMERY COUNTY AND THE FOREST SERVICE REVISED FINANCIAL PLAN ON GRANT/AGREEMENT NUMBER 14-RO-1104100-010.
Highway Supervisor, Wayde Nielsen explained that this is additional $7,000.00 funds that Forest Service grants to provide Mag Chloride on Ferron Canyon. Commissioner Paul Cowley made a motion to approve agreement between Emery County and the Forest Service revised Financial Plan on Grant/Agreement #14-RO-11041000-010. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(25) DISCUSS/APPROVE/DENY ADOPTING A RESOLUTION AUTHORIZING THE FILING OF CROSS-APPEALS FOR 2017 CENTRALLY ASSESSED PROPERTIES.
Last Commission Meeting the Commission approved a resolution for a cross-appeal for PacifiCorp. This resolution is for AT&T Mobility and Level 3 Communications LLC. Commissioner Paul Cowley made a motion to approve Resolution 6-6-17 a resolution authorizing the filing of cross-appeals for 2017 Centrally Assessed Properties. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(26) DISCUSS/APPROVE/DENY DONATIONS FOR STATE FINALIST, KIRA SAILING, TO ATTEND AND COMPETE IN THE NATIONAL AMERICAN BEAUTY PAGEANT.
Tabled.
(27) DISCUSS/APPROVE/DENY ABATING TAXES ON PARCEL #1-188-1 FOR HUNTINGTON CITY.
Assessor Kris Bell explained that Huntington City purchased property within the city and are asking to have the taxes abated. Cities are exempt from taxes and the Commission doesn’t necessarily have to abate the taxes, although, historically they have been abated. However, the city would be paying the taxes with taxpayer money. After some discussion on this matter and upon the recommendation of Kris Bell, Commissioner Lynn Sitterud made a motion to abate the taxes on Parcel #1-188-1 for Huntington City. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(28) DISCUSS/APPROVE/DENY SCHOLARSHIPS FOR THE 2018 GO WEST SUMMIT REGISTRATION FOR HOTEL OWNERS/MANAGERS.
Tina Carter discussed scholarships for the 2018 Go West Summit Registration for hotel owners/ managers. She explained that the GO West Summit is being held in Salt Lake City in 2018. This is trade show where you meet one on one with bus/tour operators. The Travel Board has recommended to offer 3 scholarships to our hotel properties. The scholarship pays for their registration fee, education session, meals. The total for all three scholarships is $7,185.00 from TRT funds. They will have to pay their own travel expense. They will have the opportunity to meet with bus tour guides and make contacts with tours to try and get them in the direction of their motel as they tour the National Park areas or other destinations. The opportunity will be sent out to all owner/managers in the county and it will be first come first served. This is the first time the Travel Bureau has tried this scholarship but they felt that with the summit in Salt Lake City maybe more would be able to attend. Tina felt that once those owners make those connections that they may want to go back. Commissioner Paul Cowley made a motion to approve the three scholarships as recommended by the Emery County Travel Bureau. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(29) DISCUSS/APPROVE/DENY ADVERTISING FOR BIDS FOR THE EMERGENCY WATERSHED PROTECTION ORANGEVILLE FLOOD CONTROL PROJECT.
Commissioner Cowley made a motion to approve advertising for the Emergency Watershed Protection Orangeville Flood Control Project. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(30) COMMISSION/ELECTED OFFICIALS REPORT
Sheriff Greg Funk reported that there will be a golfing fund raiser and raffle on June 17th for the captain of their Search & Rescue team, Greg Jewkes to help with expenses related to his daughter’s surgery that were not covered by their insurance. Sheriff wanted to convey to everyone the urgency of using caution around the high and swift water this summer. Search & Rescue has been out on several rescues on the Green River already this season.
Commissioner Brady talked about the states’ search and rescue insurance card that is available to purchase. Go to rescue.utah.gov. He indicated that he has had discussions with the Sheriff regarding reimbursements to cover the cost associated with rescue. He talked about the high number of rescues that the Search & Rescue has already had this year. Currently they apply to the state for reimbursement for rescues for fuel, helicopter, training, and a small amount of the equipment use. Services are being paid for by the taxes from the hunters and OHV users. The state is trying to spread it out a little to where most of the calls are to, which is those people who are not paying into the taxes.
Commissioner Brady reported on attending tours with the Public Lands Council where he witnessed a multi agency training and several areas around Green River.
(31) ADJOURN
ATTEST: COMMISSIONER: MINUTES OF THE REGULAR MEETING OF THE BOARD OF EMERY COUNTY COMMISSIONERS HELD AT THE EMERY COUNTY COURTHOUSE
JUNE 20, 2017
Present at the meeting was Commission Chairman Keith Brady, Commissioner Paul Cowley, Commissioner Lynn Sitterud, Attorney Mike Olsen, Deputy Clerk/Auditor Carol Cox, elected officials and citizens.
CONSENT AGENDA
(1) APPROVAL OF CHECK EDIT LIST, REQUISITIONS, AND DISPOSITIONS
The Warrant Check Edit List #244520 through and including #244707 was presented for payment.
Requisitions were presented for the following:
REQUISITION DESCRIPTION AMOUNT
20-17 IBoss Filter for Libraries Library $ 2,495.00
21-17 Patrol Vehicle set-up for 2017 Ford F150 Sheriff 7,552.44
22-17 Custom shell set-up for 2017 Ford F150 Sheriff 2,509.00
23-17 Patrol Vehicle set-up for 2017 Ford ISUV Patrol Vehicle set-up for 2017 Dodge Durango Sheriff 14,311.02
24-17 Vehicle set-up for 2017 Chevrolet Tahoe Sheriff 3,977.98
There were no dispositions.
(2) APPROVAL OF MINUTES OF JUNE 6, 2017 COMMISSION MEETING
(3) APPROVAL OF MINUTES OF MAY 25, 2017 SPECIAL COMMISSION MEETING (4) APPROVAL OF ABBIE CHRISTIANSEN TO RECEIVE A 3% WAGE INCREASE FOR SUCCESSFUL COMPLETION OF HER 6 MONTH ORIENTATION PERIOD AS A JANITOR AT THE EMERY LIBRARY. EFFECTIVE 7-3-17
(5) NOTIFICATION GUSTAVO GARCIA WAS SELECTED AS A PART TIME IS/GIS LABORER. WORKING 19 3/4 HOURS PER WEEK. GRADE 5 @ $8.89 PER HOUR. EFFECTIVE 6-12-17
(6) APPROVAL OF KATHY MILLER TO RECEIVE A 3% WAGE INCREASE FOR SUCCESSFUL COMPLETION OF HER 6 MONTH ORIENTATION PERIOD AS AN ASSISTANT LIBRARIAN. EFFECTIVE 7-3-17
(7) APPROVAL OF RAYOLA PFNISTER TO RECEIVE A 3% WAGE INCREASE FOR SUCCESSFUL COMPLETION OF HER 6 MONTH ORIENTATION PERIOD AS THE JANITOR AT THE FERRON LIBRARY. EFFECTIVE 7-3-17.
(8) APPROVAL OF ALEX URGUHART TO RECEIVE A 3% WAGE INCREASE FOR SUCCESSFUL COMPLETION OF HIS 6 MONTH ORIENTATION PERIOD FOR THE LIBRARY AND MUSEUM MAINTENANCE . EFFECTIVE 7-3-17.
Motion to approve the Consent Agenda was made by Commissioner Lynn Sitterud, seconded by Commissioner Paul Cowley, and the motion passed.
DISCUSSION AGENDA
(1) ITEMS PULLED FROM THE CONSENT AGENDA.
Nothing.
(2) AWARD ADOBE WASH SEDIMENT BASIN 2017 PROJECT BID.
Commissioner Brady read a letter from Johansen & Tuttle Engineering informing the Emery County Commission that they have reviewed the bids submitted on June 6, 2017 for the Adobe Wash Sediment Basin 2017 Project. Based on the specs of the bid package J&T Engineering recommended Feller Enterprises with a bid of $1,307,355.00 be awarded the project. No action was needed.
(3) AWARD EMS BILLING AND COLLECTION SERVICES BID. Commissioner Brady read a letter from the EMS Quality Improvement Board recommended awarding the bid for EMS Billing and Collection Services to JCI Billing. Upon review of the bids it was determined that JCI Billing, who currently is contracted to provide the service, proposed the best rate of $36.00 per claim. No action was needed.
(4) OPEN BIDS FOR THE CONSTRUCTION OF THE DES BEE DOVE TRAIL CLEARING PROJECT 2017.
Bids were opened and read aloud for the construction of the Des Bee Dove Trail clearing project 2017. Three bids were submitted as follow:
1. High Desert Excavating, Inc. $19,780.00 2. Nelco $65,150.00 3. Harrison Oil Field, Inc. $32,500.00
Commissioner Lynn Sitterud made a motion to turn the bids over to J&T Engineering for evaluation and award the bid based upon determination of the lowest and best bid that meets our needs. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(5) OPEN BIDS ON ORANGEVILLE PORTION OF THE COTTONWOOD CREEK PROJECT.
Bids for the Orangeville portion of the Cottonwood Creek Project were opened and read aloud as follow:
Perco Rock $294,969.00 Feller Enterprises, Inc. $287,704.00
Commissioner Lynn Sitterud made a motion to turn the bids over to J&T Engineering for evaluation and award the bid based upon determination of the lowest and best bid that meets our needs. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(6) DISCUSS/APPROVE/DENY EMERGENCY WATERSHED PROTECTION PROJECT ORANGEVILLE FLOOD CONTROL PLANS
Captain Kyle Ekker and Merrial Johansen explained that they are waiting for a wetland determination from the Army Corps of Engineers and one ROW to move forward with this project. Commissioner Brady suggested moving forward with approval of the plans once all the permits are in place. Commissioner Lynn Sitterud made a motion to approve moving forward with the project once all the permits and ROW are in place. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(7) DISCUSS/APPROVE/DENY CHANGE ORDER FOR THE SOFT SPOT REPAIR ON SOUTH MOORE CUT-OFF ROAD PROJECT. Commissioner Brady explained that this is to finalize the South Moore Cut-Off Road Project. There is no money coming out of the county. The state and feds are covering the cost of the repair. Merrial Johansen explained that this project is funded by earmarked federal funds that did all of South Moore Cut-Off Road Project. UDOT came up with the match. This change order is for $120,821.50. Since the repair is on a project that we haven’t closed out, the change order has to go through the county. This will close out the project. Commissioner Paul Cowley made a motion to approve a change order for the soft spot repair on South Moore Cut- Off Road Project. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(8) DISCUSS/APPROVE/DENY TRAVEL BUREAU’S APPLICATION FOR THE UTAH OUTDOOR RECREATION GRANT FOR WAYFINDING PROJECT IN THE LOWER SAN RAFAEL COUNTY ROAD #1010.
Tina Carter explained that this was brought about through the Trails Committee. They have applied for funding to do the Lower San Rafael Road County Road #1010. This would be from Green River down Airport Road toward Saucer Basin. This would allow for additional signage to ensure visitors have a good experience instead of getting lost. The road is about 64 miles long. The total amount of the project is $10,000.00. The State will match with $5,000.00. Travel Bureau would match with $5,000.00 of which TRT funds will be used for $3,380.00 and the remainder would be in-kind work through the Trails Committee. With the understanding that the funds used for this project are coming from TRT Funds and not county funds, Commissioner Lynn Sitterud made a motion to approve the Travel Bureau’s application for the Utah Outdoor Recreation Grant for Wayfinding Project in the Lower San Rafael County Road #1010. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(9) DISCUSS/APPROVE/DENY 2017 CERTIFIED TAX RATES FOR EMERY COUNTY AND CASTLE VALLEY SPECIAL SERVICE DISTRICT.
Brenda Tuttle presented the 2017 Certified Tax Rates for Emery County.
General Fund 0.003809 For budgeted revenue $7,177,405.00 Interest and Sinking Fund/Bond 0.000133 For budgeted revenue $ 250,000.00 Library 0.000437 For budgeted revenue $ 823,451.00 Recreation 0.000068 For budgeted revenue $ 128,134.00 County Assessing/Collecting 0.000492 For budgeted revenue $ 927,089.00
Total Revenue 0.004939 $9,306,079.00
Jacob Sharp presented the 2017 Certified Tax Rates for Castle Valley Special Service District.
General Operations 0.000989 For budgeted revenue $1,578,220.00 Interest and Sinking Fund/Bond 0.000897 For budgeted revenue $1,432,201.00
Total Revenue 0.001886 $3,010,421.00 Commissioner Paul Cowley made a motion to approve the 2017 Certified Tax Rates for Emery County and Castle Valley Special Service District as presented. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(10) DISCUSS/APPROVE/DENY ADOPTION OF THE EMERY COUNTY CORE CAPABILITIES AND GAP ANALYSIS REPORT JUNE 2017.
Captain Kyle Ekker explained the Emery County Core Capabilities and Gap Analysis Report. Each year we earmark money for addressing changes/updates to the Emergency Operation Plan. This is part of the County General Plan, not the Sheriff’s Office. We started this process two years ago. This has to be done to request reimbursement from state and federal grants. This addresses how deal with evacuation of our Senior Citizens. He requested the county adopt this attachment to the Emery County General Plan. Commissioner Paul Cowley made a motion to adopt the Emery County Core Capabilities and Gap Analysis report for June 2017. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(11) DISCUSS/APPROVE/DENY SIGNING CONTRACT AND SUPPORTING DOCUMENTS ON THE MILLSITE DAM REHABILITATION PROJECT.
Captain Kyle Ekker addressed the Commissioners and acknowledged the presence of Matt Collin, Project Engineer from Utah Division of Water Resources on the Millsite Dam Rehabilitation Project. Captain Ekker reported on the construction meeting they had earlier and things that were discussed. Representatives from the Ferron Canal & Reservoir Company, and Staker & Parson-Nielson Construction were present. They talked about signing the notice to proceed and contractual agreements. There were some terms in the agreement that were discussed regarding a change in the interest rate and turnaround time for payment procedures. Commissioner Paul Cowley made a motion to approve signing the contract and supporting documents on the Millsite Dam Rehabilitation Project. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
Attorney Mike Olsen addressed the Reimbursable Agreement for Final Design and Construction Engineering Services between Emery County and the Utah Division of Water Resources. NRCS covers 100% of the engineering costs for the project in conjunction with the contract for construction. This is a pass through project for Emery County. The funds are made available from NRCS and passed through Emery County to the contractor for the project with the terms as set out in the document. Mr. Olsen indicated he has no exception to the agreement. Commissioner Paul Cowley made a motion to approve a Reimbursable Agreement for Final Design and Construction Engineering Services between Emery County and the Utah Division of Water Resources. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(12) DISCUSS/APPROVE/DENY ADOPTING RESOLUTION AUTHORIZING THE FILING OF CROSS-APPEALS FOR 2017 CENTRALLY ASSESSED PROPERTIES.
Attorney Mike Olsen explained that legislation has changed with regard to Centrally Assessed properties and how they appeal their taxes. He indicated that to show that the County is aware of the change and to comply with the law, he would like to authorize the filing of cross-appeals for each centrally assessed property as it is filed. We have previously adopted resolutions for Pacificorp, AT&T Mobility and Level 3 Communications. This resolution is for SPRINT and Verizon Wireless. Commissioner Paul Cowley made a motion to adopt Resolution 6-20-17A authorizing the filing of cross-appeals for 2017 Centrally Assessed Properties. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(13) DISCUSS/APPROVE/DENY USING BLUELINE SERVICES TO DO BACKGROUND CHECKS.
Mary Huntington indicated that she recommends contracting with Blueline Services to do background checks. A typical background check will cost $12.00. Commissioner Lynn Sitterud made a motion to approve using Blueline Services to do background checks. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(14) DISCUSS/APPROVE/DENY RESOLUTION ESTABLISHING A CAP ON THE EMERY COUNTY INSURANCE STIPEND.
Mary Huntington explained that the Emery County Commission approved a monthly stipend in the October 9, 2005 commission meeting that is equal to the cost of single coverage when both the husband and wife work full-time for the county. She recommended adopting a resolution establishing a cap on the monthly stipend . The cost of single coverage varies based on certain criteria. If the cost of single coverage exceeds $900.00 per month, the maximum allowable to be paid as an insurance stipend to full-time county employees who also have a spouse working full-time for the county would be set at $900.00 per month. Commissioner Paul Cowley made a motion to adopt Resolution 6-20-17B establishing a cap on the Emery County Insurance Stipend. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(15) DISCUSS/APPROVE/DENY DONATIONS FOR NATIONAL AMERICAN MISS STATE FINALISTS KIRA SAILING.
Kira Sailing came before the Board of Commissioners to request a donation to assist in her quest as a finalists for National American Miss State Competition in Las Vegas, NV. She explained that this is totally a scholarship pageant. She has had to send in her school transcripts and work history to qualify. It is separate from the Emery County Pageant. She indicated that she needs help to pay for entry fees and travel expenses. Commissioner Brady indicated that the usual amount for this type of donation is $250.00. Commissioner Paul Cowley made a motion to approve a $250.00 donation to Kira Sailing, finalist for National American Miss State. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(16) DISCUSS/APPROVE/DENY A DONATION ON BEHALF OF THE EMERY COUNTY SUMMER YOUTH SOBER PROGRAM. Tabled
(17) DISCUSS/APPROVE/DENY EMERY COUNTY TRAVEL BUREAU’S OPT-IN TO THE UTAH OFFICE OF TOURISM’S CAFETERIA PROGRAM FOR UTAH.COM.
Tina Carter explained that the Travel Bureau has advertised with the Utah Office of Tourism’s Cafeteria Program for UTAH.COM before and they have seen a large return on the investment. The cost is $7,975.00 which will come from TRT funds. The Travel Bureau has budgeted for this in their 2107 budget. Commissioner Lynn Sitterud made a motion to approve Emery County Travel Bureau Opt-In to the Utah Office of Tourism’s Cafeteria Program for UTAH.COM. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(18) DISCUSS/APPROVE/DENY EMERY COUNTY TRAVEL BUREAU TO APPLY FOR THE UOT’S OUT-OF-STATE CO-OP MARKETING PROGRAM FUNDS FOR PRINT ADS.
Jordan Leonard explained that the Emery County Travel Bureau is going after state funds from the Utah Office Of Tourism in the amount of $7,500.00 that the Travel Bureau will match to $15, 000.00 to print ads that they mail out to people, all over the country, who inquire about our county. He explained that they try to leverage as much state money as they can through grants. They have around $80,000.00 in their budget that they use to leverage grant money from the state to turn into $160,000.00. The print ads are a good way to show people what Emery County has to offer. Commissioner Lynn Sitterud made a motion to approve the Emery County Travel Bureau to apply for the UOT’s out-of-state Co-Op Marketing Program Funds for print ads. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(19) DISCUSS/APPROVE/DENY EMERY COUNTY TRAVEL BUREAU TO APPLY FOR UOT’S OUT-OF-STATE CO-OP MARKETING PROGRAM FUNDS FOR BILLBOARDS.
Jordan Leonard explained that they are looking at specific spots on billboards that are out-of- state that would drive people to Emery County. The spots that they are looking at to rent for 1 year are Las Vegas, Denver, CO, Elko, NV, Wendover, NV. The amount they applying for is $5,500.00 that they will match to have $11,000.00 for this project. Commissioner Lynn Sitterud made a motion to approve the Emery County Travel Bureau to apply for UOT’s Out-Of-State Co-Op Marketing Program Funds for Billboards. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(20) DISCUSS/APPROVE/DENY EMERY COUNTY TRAVEL BUREAU TO APPLY FOR UOT’S OUT-OF-STATE CO-OP MARKETING PROGRAM FUNDS FOR TRADE SHOW BOOTH.
Jordan Leonard explained that the Travel Bureau would like to get a new trade show booth with the county’s new branding on it. This application with Utah Office of Tourism will allow for $7, 000.00 which the Travel Bureau will match with $7,000.00 (budgeted for in 2017) to make a total of $14,000.00 for the project. Commissioner Paul Cowley made a motion to approve the Emery County Travel Bureau to apply for UOT’s Out-of-State Co-Op Marketing Program funds for trade show booth. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(21) COMMISSION/ELECTED OFFICIALS REPORT.
Bill Dellos reminded the public that Chris Herrod, candidate running to replace Jason Chaffetz will be in the county for a meet and greet on the 29th of June.
Sheriff Funk thanked everyone who participated in the fund raiser for Kina Jewkes. It was very successful. They were able to raise $8,000.00 for the family.
Commissioner Sitterud reported that he has received several calls from citizens asking for the County’s position regarding the closing of Nuck Woodward Road in Huntington. He stated that Emery County had no vote in the closing of the road. If you have complaints contact the Forest Service and discuss it with them.
Commissioner Brady reported that the Emery County Historic Society will host history of Mohrland on Saturday at 10am.
Commissioner Cowley reported that the Forest Service will be holding their comment period for their 30 to 50 year plan. He encouraged the public to provide comments and be involved in the process. This will be Wednesday June 28th at 5:00 pm here in the Courthouse.
(22) ADJOURN
The meeting was adjourned.
ATTEST: COMMISSIONER: MINUTES OF THE REGULAR MEETING OF THE BOARD OF EMERY COUNTY COMMISSIONERS HELD IN THE EMERY COUNTY COURTHOUSE
JULY 18, 2017
Present at the meeting was Commission Chairman Keith Brady, Commissioner Paul Cowley, Commissioner Lynn Sitterud, Attorney Mike Olsen, Deputy Clerk/ Auditor Carol Cox, elected officials and citizens.
(1) APPROVAL OF CHECK EDIT LIST, REQUISITIONS, AND DISPOSITIONS.
The Warrant check Edit List # 244862 through and including #245017 was presented for payment.
Requisitions were presented for the following:
REQUISITION DESCRIPTION AMOUNT
25-17 Replacement for broken antenna for Henry Mtn. Radio Site- Communications/Sheriff $4,609.00
26-17 (1) Apple MacBook Pro for Television (5) Panasonic Toughbook 54 Prime for Patrol Sheriff 11,712.05
27-17 Enhanced Decon System Kit Sheriff $3,995.00
28-17 Patrol Vehicle Set-up F250 Sheriff $4,720.00
(2) APPROVAL OF MINUTES OF JUNE 20, 2017 COMMISSION MEETING
(3) NOTIFICATION. HUNTINGTON LIBRARY HAS SELECTED JOYCE GUYMON AS A PART TIME JANITOR, WORKING 7.5 HOURS PER WEEK. WAGE GRADE 6.
(4) NOTIFICATION. ROAD DEPARTMENT SELECTED CORY CLOWARD AS A PART TIME EQUIPMENT OPERATOR 1, WORKING 19 3/4 HOURS PER WEEK. WAGE
GRADE 16. (5) NOTIFICATION. JUSTICE COURT COMPLEX MAINTENANCE SELECTED MALINDA BELL AND DINAH HAYWARD AS PART TIME JANITORS, WORKING 19 3/4 HOURS PER PAY PERIOD. WAGE GRADE 6.
(6) APPROVAL OF A 3% WAGE INCREASE FOR JACQUELINE WILDE FOR SUCCESSFUL COMPLETION OF HER 6 MONTH ORIENTATION PERIOD AS THE PART TIME TRAVEL BUREAU ASSISTANT. EFFECTIVE 7-31-17
(7) APPROVAL OF A 3% WAGE INCREASE FOR JOSIE STILSON AND MCKADE HANSEN FOR SUCCESSFUL COMPLETION OF THEIR 6 MONTH ORIENTATION PERIOD AS PART TIME DEPUTY TREASURERS. EFFECTIVE 7-31-17
(8) NOTIFICATION. THE AQUATIC CENTER SELECTED CHYANNE CARTER AS A PART TIME HEAD LIFEGUARD, WORKING 19 3/4 HOURS PER WEEK. WAGE GRADE 5.
(9) APPROVAL OF A 3% WAGE INCREASE FOR BROCK WINN FOR SUCCESSFUL COMPLETION OF HIS 6 MONTH ORIENTATION PERIOD AS THE FULL TIME EQUIPMENT OP 1. EFFECTIVE 7-31-17
(10) NOTIFICATION. THE AQUATIC CENTER SELECTED CAMERON PETERSEN AS A PART TIME LIFEGUARD, WORKING 19 3/4 HOURS PER WEEK. WAGE GRADE 3.
(11) APPROVAL OF INCREASING PAY FOR EMS GARAGE COORDINATORS TO $500.00 PER MONTH.
Motion to approve the Consent Agenda was made by Commissioner Lynn Sitterud, seconded by Commissioner Paul Cowley, and the motion passed.
DISCUSSION AGENDA
(1) ITEMS PULLED FROM THE CONSENT AGENDA.
Nothing
(2) PRESENTATION BY VICKIE ANDERSON OF NETTWORTH FINANCIAL TO AWARD A SCHOLARSHIP TO MASON MOSS.
Vickie Anderson, surviving widow of owner of NettWorth Financial presented a scholarship to Mason Moss. She indicated that the company is stationed in Georgia, but have outlets all over the US. They received 304 applications. 20 received scholarships. 2 were from Utah. She read a few of Mason’s support and commendation letters. She then read Mason’s inspirational letter to the scholarship board.
(3) PRESENTATION AND DISCUSS/APPROVE/DENY FOUR CORNERS AREA PLAN AND BUDGET.
Karen Dolan, Director and Jennifer Thomas, Emery County Program Director presented the Four Corners Area Plan and Budget for 2017/2018. Karen explained that yearly, by state statute they must write an area plan that covers all services that they will provide including substance abuse prevention and mental health services for the safety nets. Our interlocal agreement between Emery, Carbon and Grand Counties states that each year we will have each County Commissioner or Council Person sign off on the Area Plan to receive their state and federal funding. Attorney Mike Olsen had some questions regarding the new JRI and the process for implementation. Karen explained the program from the Four Corners position. She talked about the problems state wide finding facilities and beds for mentally ill patients. Mike Olsen requested that Four corners sit down with the Sheriff and Attorney to better understand how the program works, how the plan will help in a time of crisis and how to streamline the program to make it easier to understand everyone’s responsibility within the plan. Karen reminded the Commissioners that program funding will be held up until the plan is approved. Commissioner Paul Cowley made a motion to postpone any decision until the next Commission Meeting to allow time for discussion on the plan. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(4) OPENING OF BIDS FOR CLEANING AT THE 2017 EMERY COUNTY FAIR.
There was one bid submitted for cleaning at the 2017 Emery County Fair. The bid was for $1, 000.00 from the Emery High Spardettes Drill Team. Commissioner Lynn Sitterud made a motion to award the bid for cleaning at the Emery County Fair for $1,000.00 to Emery High Spardettes Drill Team. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(5) OPENING OF BIDS FOR A SOUND CREW FOR THE 2017 EMERY COUNTY FAIR.
There were two bids for the sound crew at the Emery County Fair. The bids were as follow: Curtain Call $1,906.00 Carl Potter Pro Sound $1.875.00
Amanda Leonard indicated that the budget for the sound crew is $2,000.00. Carl Potter requested rooms as part of his bid package which would put his bid over the bid submitted by Curtain Call. Commissioner Paul Cowley made a motion to award the bid for sound crew for the 2017 Emery County Fair to Curtain Call for $1,906.00. The motion was seconded by Commissioner Lynn Sitterud. The motion passed
(6) DISCUSS/APPROVE/DENY MOU WITH CASTLE DALE CITY FOR EMERY COUNTY FAIR.
Events Coordinator, Amanda Leonard reviewed the MOU with Castle Dale City. The document clarifies the responsibilities of each party. Commissioner Paul Cowley made a motion to approve an MOU with Castle Dale City for the Emery County Fair. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(7) DISCUSS/APPROVE/DENY CONTRACT DOCUMENTS AND SPECIFICATIONS FOR EMERGENCY WATERSHED PROTECTION ADOBE SEDIMENT BASIN PROJECT.
Merrial Johansen, Johansen & Tuttle Engineering indicated that he met with the contractor Feller Enterprise and presented the notice to proceed with the project. The project will begin on July 25, 2017 with a completion date of December 22, 2017. The awarded bid was $1,307,355. 00. The contract documents need to be signed and move forward with the project. Commissioner Paul Cowley made a motion to approve the contract documents and specifications for the Emergency Watershed Protection Adobe Sediment Basin Project. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(8) DISCUSS/APPROVE/DENY CONTRACT WITH GREG HANSEN FOR THE 2017 EMERY COUNTY FAIR.
Amanda Leonard explained that the contract with Greg Hansen is to judge the Voice of Emery County singing contest during the 2017 Emery County Fair. The prize for winning is a recording session at his studio in Springville, Utah. Commissioner Lynn Sitterud made a motion to approve of a contract with Greg Hansen for the 2017 Emery County Fair. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(9) DISCUSS/APPROVE/DENY CONTRACT WITH CHELSIE HIGHTOWER FOR THE 2017 EMERY COUNTY FAIR.
Amanda Leonard explained that the contract with Chelsie Hightower is to judge a dance competition and provide a dance camp during the 2017 Emery County Fair. Tuition is charged for the dance camp, which has 60 participants signed up to date. The budget for this event is $2, 000.00. The cost for Chelsie is $2,000.00. Showtime Dancers is paying $1,000.00 of the cost. Emery County will pay the other half. Mike Olsen asked the question of insurance coverage as included in the wording of the document. Commissioner Paul Cowley made a motion to approve a contract with Chelsie Hightower for the 2017 Emery County Fair pending clarification and possible change of insurance coverage as addressed in the document. The motion was seconded by Commissioner Lynn Sitterud. The motion passed. (10) DISCUSS/APPROVE/DENY PAYING EMERY COUNTY COMMUNITY THEATRE $250. 00 FOR THEIR PERFORMANCE AT THE 2017 EMERY COUNTY FAIR.
Amanda Leonard reported that the Emery County Theatre will provide a 45 minute performance at the 2017 Emery County Fair. They have request $250.00 for costumes and supplies. Commissioner Lynn Sitterud made a motion to approve paying the Emery County Community Theatre $250.00 to assist in their performance at the 2017 Emery County Fair. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(11) RATIFICATION OF 2017 EMPG GRANT AWARD ACCEPTANCE.
Captain Kyle Ekker explained that this is an acceptance of the a grant award for the Emergency Management Performance Grant in the amount of $39,000.00. The acceptance document had to be signed prior to this meeting, so that action needs to be ratified. Commissioner Paul Cowley made a motion to approve of 2017 EMPG Grant Award Acceptance. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(12) DISCUSS/APPROVE/DENY SIGNING OF USDA NRCS ADS-093, AMENDMENT TO AGREEMENT 68-8D43-15-13 ON THE MILLSITE DAM REHABILITATION PROJECT.
Captain Ekker explained that this is an extension of time and additional funds for the Millsite Dam Rehabilitation Project. Commissioner Paul Cowley made a motion to approve signing of USDA NRCS ADS-093, Amendment to Agreement 68-8D43-15-13 on the Millsite Dam Rehabilitation Project. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(13) DISCUSS/APPROVE/DENY AGREEMENT BETWEEN JOHANSEN & TUTTLE AND EMERY COUNTY FOR PROFESSIONAL SERVICES FOR A STILLING BASIN FOR THE HUNTINGTON CANYON SOUTH DEBRIS BASIN.
Captain Kyle Ekker discussed the agreement between J&T Engineering and Emery County for Professional Services for a Stilling Basin for the Huntington Canyon South Debris Basin. The basin will be built in October when the water users all agree they can close the gates. The amount of the contract is $18,000.00 to do the engineering, design, layout and testing. It will cost roughly $110,000.00 to do the concrete structure. Commissioner Lynn Sitterud made a motion to approve an agreement between Johansen & Tuttle and Emery County for Professional Services for a Stilling Basin for the Huntington Canyon South Debris Basin. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(14) RATIFICATION OF 2017 EXTENSION OF AGREEMENT FOR JOE’S VALLEY BOAT RAMP AND PARKING LOT EXPANSION. The agreement provides for an extension of time, terminating on June 30, 2018 for the engineering design. The agreement needed to be signed prior to the meeting to meet a deadline. Commissioner Paul Cowley made a motion to approve the signing of Modification #2 to agreement between Utah Division of Wildlife Resources and the Utah Division of State Parks and Recreation and Emery county for the boat ramp extension and parking lot design at Joe’s Valley Reservoir. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(15) DISCUSS/APPROVE/DENY ARCHIVES APPLYING FOR WORLD WAR I VETERANS GRANT.
Suzanne Anderson, Emery County Archives, discussed applying for a World War I Veterans Grant to locate and repair WWI Veterans headstones. The Grant is for $5,000.00 which Emery County Archives will match in-kind. Commissioner Paul Cowley made a motion to approve Emery County Archives applying for World War I Veterans Grant. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(16) DISCUSS/APPROVE/DENY UTAH OFFICE OF TOURISM’S OPT-IN PROGRAM FOR DIGITAL TOOL BOX-PHOTO PACKAGE 3.
Tina Carter, Emery County Travel Bureau explained that the Travel Bureau would like to take advantage of the Utah Office of Tourism’s opt-in program for Digital Tool Box-Photo package 3 which is the use of a professional photographer. The state will pay half of the discounted cost of $3,190.00. This expense is coming out of TRT funds. Commissioner Lynn Sitterud made a motion to approve Utah Office of Tourism’s opt-in program for Digital Tool Box-Photo Package 3. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(17) DISCUSS/APPROVE/DENY TOURISM INCENTIVE GRANT FUNDS FOR CASTLE VALLEY SMALL ENGINE MECHANIC.
Jordan Leonard explained that Brett White dba: Castle Valley Small Engine Mechanic is a small business located in Castle Dale. They rent out ATV’s and possibly motorcycles and side by sides, and do small engine repair. They have gone through the Tourism Board and applied for rental tax approval through the State of Utah. They have applied for funds in the amount of $5, 000.00 to help with signage and concrete. If approved Mr. White would get the $2,500.00 up front and the other half after the work is completed and receipts are turned in to the Tourism Board. He added that to get the Tourism Incentive funding the business has to agree to be in business for at least two years or pay the funds back. The money would come from TRT funds. Commissioner Paul Cowley made a motion to approve Tourism Incentive Funds for Castle Valley Small Engine Mechanic. The motion was seconded by Commissioner Lynn Sitterud. The motion passed. (18) DISCUSS/APPROVE/DENY LEASE AGREEMENT BETWEEN THE STATE OF UTAH AND EMERY COUNTY FOR SPACE RENT FOR ADULT PROBATION AND PAROLE.
The Lease Agreement between the State of Utah and Emery County for Space Rent for Adult Probation and Parole is for a five year period beginning July 1, 2018 and expiring on June 30, 2023 at $4,572.00 per year for a total of $22,860.00 for term of the agreement. The agreement is renewable. Commissioner Lynn Sitterud made a motion to approve a Lease Agreement between the State of Utah and Emery County for space rent for Adult Probation and Parole. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(19) DISCUSS/APPROVE/DENY PAYMENT FOR E-DISPATCH
Commissioner Lynn Sitterud made a motion to table this matter to allow time for clarification. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(20) DISCUSS/APPROVE/DENY THE 2017 ELECTION JUDGES
Brenda Tuttle indicated that she, as of this date has not found a third judge for Green River City. She asked that they approve the list pending approval when the third judge has been selected. Commissioner Paul Cowley made a motion to approve the 2017 Election Judges. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(21) DISCUSS/APPROVE/DENY COMMENTS TO FOREST SERVICE REGARDING ASSESSMENT REPORT.
Public Lands Director, Ray Petersen talked about comments to the Forest Service regarding Draft Manti-LaSal National Forest Revision Assessment Report. He indicated that all agencies have provided comments. Ray will post these comments on the Public Lands website for all those who would like to read them. Commissioner Paul Cowley made a motion to approve comments to the Forest Service regarding Assessment Report. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(22) DISCUSS/APPROVE/DENY TEMPORARY USE AGREEMENT BETWEEN EMERY COUNTY AND PACIFICORP.
Dennis Oakley explained the need for a temporary use agreement between Emery County and PacifiCorp. He indicated that PacifiCorp is in need of an area for temporary construction staging, and storage of heavy equipment, vehicles, pipe, dumpsters and other equipment and materials in connection with the Deer Creek Mine Rilda Canyon water pipeline project. Emery County owns property north of Little Bear Campground that PacifiCorp would like to lease for this purpose. PacifiCorp has obtained all the ROW and easements from other federal agencies and private land owners. If approved they would lease .79 acres of surface land, install a 6 or 7 foot high perimeter fence around the premise with two 10 foot wide access gates and also improve the access road. Commissioner Paul Cowley made a motion to approve a temporary use agreement between Emery County and PacifiCorp. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(23) DISCUSS/APPROVE/DENY LETTER TO FOREST SERVICE REGARDING NUCK WOODWARD ROAD.
Commissioner Brady explained that the Commission has received several calls from individuals requesting to know the process the Forest Service used to reach the decision to close the Nuckwoodward Road. Apparently there is some confusion by the public that the County has formally made any approval towards closing the road. The Commissioners decided to send a letter to the Forest Service District Ranger inviting him to attend Commission Meeting to educate the public on this matter. Commissioner Paul Cowley made a motion to approve sending a letter regarding Nuckwoodward Road. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
Ray Petersen stated that its hard for Emery County to close that is not an Emery County Road.
(24) COMMISSION/ELECTED OFFICIALS REPORT
Margaret Herring asked the Commissioners why Kelly Nelson was let go. She indicated that she attended the Wyoming trip with her and she felt everyone was please with her. Attorney Mike Olsen explained that is a Personnel issue that cannot be discussed in an open forum. He thanked her for her concern and comment.
Commissioner Brady reported on attending a Public Lands Council field trip up Huntington Canyon with the Forest Service. They drove the loop of Huntington Canyon came back down through Joe’s Valley. They talked about the fire in Fly Canyon. He indicated it was nice to see the vegetation starting to return to the area.
He reported on going on a Des Bee Dove Trail inspection with Mark Williams. Although it was not done, they did mark some places that need a little more carving out. The Trail Cat will come through and clean it up. It is looking good. Much better than before.
The Search and Rescue Triathlon was a success. Possibly 150 participants.
Lunch and Learn will be tomorrow at noon.
Pioneer Celebrations will be this weekend.
The Cowboy Memorial Rodeo the next weekend.
Then the Emery County Fair will be the next weekend.
Commissioner Cowley encouraged everyone to attend the Fair.
(25) ADJOURN ATTEST: COMMISSIONER: MINUTES OF THE REGULAR MEETING OF THE BOARD OF EMERY COUNTY COMMISSIONERS HELD IN THE EMERY COUNTY COURTHOUSE
AUGUST 1, 2017
Present at the meeting was Commission Chairman Keith Brady, Commissioner Paul Cowley, Commissioner Lynn Sitterud, Attorney Mike Olsen, Deputy Clerk/Auditor Carol Cox, elected officials and citizens.
CONSENT AGENDA
(1) APPROVAL OF CHECK EDIT LIST, REQUISITIONS AND DISPOSITIONS.
The Warrant Check Edit List #245070 through and including #246176 was presented for payment.
Requisitions were presented for the following:
REQUISITION DESCRIPTION AMOUNT
29-17 Patrol Vehicle set-up/Interceptor Sheriff $7,405.69
(2) APPROVAL OF MINUTES OF JUNE 20, 2017 COMMISSION MEETING
(3) APPROVAL OF OUT OF STATE TRAVEL FOR CAPTAIN KYLE EKKER, DETECTIVE JOHN BARNETT, DETECTIVE GARRETT CONOVER AND DETECTIVE JEROD CURTIS TO ATTEND THE CNOA ANNUAL CONFERENCE IN RENO.
(4) APPROVAL OF OUT OF STATE TRAVEL FOR CAPTAIN KYLE EKKER, DETECTIVE JOHN BARNETT, DETECTIVE GARRETT CONOVER, AND DETECTIVE JEROD CURTIS TO ATTEND THE UNOA ANNUAL CONFERENCE IN MESQUITE, NEVADA.
(5) APPROVAL TO HIRE DALLON COLOGIE AND AMANDA FAUSETT FULL TIME AS A DISPATCH I WITH FULL BENEFITS. WAGE GRADE 14 $ 16.44 PER HOUR. Motion to approve the Consent Agenda was made Commissioner Lynn Sitterud, seconded by Commissioner Paul Cowley, and the motion passed.
DISCUSSION AGENDA (1) ITEMS PULLED FROM THE CONSENT AGENDA
Nothing
(2) NOTIFICATION OF AWARD OF BID TO ZIONS PUBLIC FINANCE INC. FOR THE ECONOMIC IMPACT ANALYSIS.
Commissioner Brady notified the public that Zions Public Finance, Inc. has been awarded the bid for the Economic Impact Analysis.
(3) PRESENTATION AND DISCUSSION WITH FOREST SERVICE REGARDING NUCKWOODWARD ROAD.
Darren Olsen, US Forest Service started discussion with a brief history of the area. In June of 2012 a lightning strike on Seely Mountain caused a fire that quickly got out of hand, burning 48, 000 acres over a week to two week period. Rain events following the fire brought flooding to the area. Unfortunately they had to close the Nuckwoodward Road for three plus years. The Forest Service has received input from many people thanking them for closing the road and complaints that the road is closed. The OHV Clubs in the area have proposed a seasonal closure as an alternative to road closure. The Forest Service has looked at the proposal and met with both Carbon and Emery County’s Commissioners. The road is mostly in Emery County but used by people in both counties. They presented the proposal to Public Lands Councils, Emery County Trails Committee and the OHV Clubs. Not once did they hear either county endorse or support the proposal of seasonal closure. After they presented the process the Forest Service exercised the option to go in and implement a temporary closure. The proposal was to allow motorized use of the road during the summer months and close the road during the hunting/fall season ( Tuesday after Labor Day), open back up during winter for snowmobile use. They are not recommending a permanent closure at this time. This decision has no bearing on wilderness issues or being pushed by any special interest groups. If a determination is made to close the road the Forest Service will follow the public process as part of the required NEPA process. He added that the Forest Service has 1,300 miles of trail roads. He stated that closing roads is very unusual for the Forest Service. This discussion was generated as a result of the proposal for a seasonal road closure. After December 31st they will go through a comment period process to make any further decisions.
Commissioner Brady explained that this discussion was requested by the Commission due to the amount of calls they have received indicating that the Commissioners had made a decision to support the road closure. Commissioner Brady stated that the Emery County Commission as a whole has not formally or publicly made any decision or statement in support of the proposal to seasonally close the Nuckwoodward Road. Commissioner Cowley stated that he personally supported the seasonal road closure. He added that as a hunter who frequented that area he has personally seen an improvement in the amount/quality of the deer/elk herds in that area. Commissioner Sitterud stated that personally he was not in favor of the temporary/seasonal road closure. Commissioner Brady reiterated that the Emery County Commission, as a body, has not officially supported the proposal to seasonally close the Nuckwoodward Road. Comments from several individuals in attendance were expressed in support of keeping the Nuckwoodward Road open.
(4) APPROVAL AND SIGNING OF THE NRCS-ADS-78, ASSURANCES RELATING TO REAL PROPERTY ACQUISITION, THE ORANGEVILLE CITY PORTION OF THE COTTONWOOD CREEK PROJECT.
Commissioner Lynn Sitterud made a motion to approve signing the NRCS-ADS-78, Assurances relating to real property acquisition, the Orangeville City portion of the Cottonwood Creek Project. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(5) DISCUSS/APPROVE/DENY SUPPORT LETTER FOR CONSERVATION DISTRICT SUPERVISORS.
Commissioner Brady read aloud a letter addressed to Senator and representatives regarding conservation districts representations on the Utah Conservation Commission. The purpose of the letter was to state the support of the Emery Commissioners that conservation supervisors, who know their respected areas and counties, continue to represent the needs of our individual counties on the state level when it comes to policies and procedures regarding conservation in the State of Utah. Commissioner Lynn Sitterud made a motion to approve a letter to our senators and representatives with regards to the Utah Conservation Commission. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(6) DISCUSS/APPROVE/DENY APPROVAL FOR PAYMENT FOR E-DISPATCH.
Sheriff Funk explained that the payment for E-Dispatch is shared by Fire, EMS and Search and Rescue. Commissioner Paul Cowley made a motion to approve payment for E-Dispatch. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(7) DISCUSS/APPROVE/DENY FOUR CORNERS AREA PLAN AND BUDGET.
Approval of the Four Corners Area Plan was tabled in the last Commission Meeting to allow time for the Sheriff and Four Corners to meet to discuss a few key issues. Sheriff Funk indicated that he is comfortable that Fours Corners will follow through with what they discussed. Commissioner Paul Cowley made a motion to approve Four Corners Area Plan and Budget. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(8) COMMISSION/ELECTED OFFICIALS REPORT.
Sheriff Funk threw down a challenge to the Forest Service management in the meeting. The Sheriff’s Department is having a Cook For A Cause BBQ cook off on Thursday night of the Emery County Fair. He challenged them to enter the cook off contest. Commissioner Brady encouraged everyone to attend the fair. Lt. Governor will be in the county to kick off 25,000 Jobs on August 9th at the pavilion. The plan is to create 1,000 jobs in the county.. August 15th is Primary Election Day. Early voting is going on now in the Clerk/Auditor’s office
Commissioner Cowley reported that there will be a luncheon tomorrow for volunteers of the Fair. Thursday will be a luncheon for the Sr. Citizens at the Castle Dale Fair Grounds.
Bill Dellos reminded everyone that the three candidates running for Chaffetz position will be at a dinner/debate at the Student Union Building on the college campus in Price.
(9) ADJOURN
ATTEST: COMMISSIONER: MINUTES OF THE REGULAR MEETING OF THE BOARD OF EMERY COUNTY COMMISSIONERS HELD IN THE EMERY COUNTY SHERIFF’S COMPLEX, GREEN RIVER , UTAH
AUGUST 22, 2017
Present at the meeting was Commission Chairman Keith Brady, Commissioner Lynn Sitterud, Commissioner Paul Cowley, Attorney Mike Olsen, Deputy Clerk/Auditor Gayleen Cox, elected officials and citizens.
CONSENT AGENDA
(1) APPROVAL OF CHECK EDIT LIST, REQUISITIONS, AND DISPOSITIONS.
The Warrant Check Edit List # 245230 through and including # 245454 was presented for payment.
Requisition were presented for the following:
REQUISITION DESCRIPTION AMOUNT
30-17 HP DesignJet T520 Printer Sheriff $1,340.50
31-17 HAZCLASS 2 Hazmat Test Kit Sheriff $1,700.00
32-17 Freezer MOSR $ 528.00
Dispositions were presented for # 2015, mini air purifier, #6551, desk, #8786 HP Scanjet flatbed scanner, #6906, video/paperback display rack, #6907, round display rack.
(2) APPROVAL OF MINUTES OF AUGUST 1, 2017 COMMISSION MEETING
(3) APPROVAL TO GIVE JANALEE LUKE A 3% WAGE INCREASE FOR SUCCESSFUL COMPLETION OF HER 6 MONTH ORIENTATION PERIOD AS THE SR. ADMINISTRATIVE ASSISTANT. EFFECTIVE 8-28-17.
(4) APPROVAL OF JAMES THOMAS AS A RESERVE DEPUTY FOR THE SHERIFF’S OFFICE, WAGE $14.00 PER HOUR.
(5) APPROVAL TO PROMOTE ZAC FAUVER TO A HEAD LIFEGUARD AT THE AQUATIC CENTER. GRADE 5. EFFECTIVE 8-18-17.
(6) APPROVAL TO GIVE KORENE MERRELL A 3% WAGE INCREASE FOR SUCCESSFUL COMPLETION OF HER 6 MONTH ORIENTATION PERIOD AS AN ASSISTANT LIBRARIAN. EFFECTIVE 8-28-17
(7) APPROVAL OF TOM BRERETON, MICHAEL JORGENSEN, BRIAN JEWKES, GARY KOFFORD, LES THOMPSON, EARNEST JENSEN, KEVIN WAREHAM, STAN MATHIS, CLIFFORD SNOW, AND MICK ROGERS FOR THE 2017 ARAPEEN ATV JAMBOREE.
Motion to approve the Consent Agenda was made by Commissioner Lynn Sitterud, Seconded by Commissioner Paul Cowley, and the motion passed.
DISCUSSION AGENDA
(1) ITEMS PULLED FROM THE CONSENT AGENDA.
Nothing.
(2) PRESENTATION ON EDA CONSORTIUM WITH CARBON AND EMERY COUNTY.
Joel Smith, is from Excelerant, the company that brought Health Equity to Price and is currently looking to bring additional companies into the area. Mr. Smith introduced Nicoleen Womack, FutureINdesign the administer for the application for EDA. Ms. Womack explained that the EDA Consortium(occupying the JC Penney building in Price) provides training and employment opportunities for Carbon and Emery Counties.
(3) RATIFICATION OF BACKHOE RENTAL FOR THE ROAD DEPARTMENT.
Commissioner Paul Cowley made a motion to ratify the signing of a backhoe rental agreement for the Emery County Road Department. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(4) RATIFICATION OF LETTER OF SUPPORT REGARDING THE EDA GRANT APPLICATION FOR FUTUREINDESIGN.
Commissioner Lynn Sitterud made a motion to ratify the sending of a letter of support for the EDA Grant application of FutureInDesign. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(5) RATIFICATION OF COTTONWOOD CREEK PROJECT EXTENSION.
There is no money involved in this extension just an extension of time (90 days) to allow time to complete the project. The project would be extended until late December. Commissioner Paul Cowley made a motion to ratify the approval of Cottonwood Creek Project Extension. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(6) DISCUSS/APPROVE/DENY EMERY COUNTY’S SUPPORT IN CONVERTING CRANDALL CANYON MINE SITE INTO A CAMPGROUND.
Commissioner Sitterud explained that the Commissioners are not looking to say that Emery County is pushing for this or wanting to be involved in building it. The mining company, as part of their reclamation plan, is leaning toward turning the canyon back to the public. If the mining company offers to donate this property for a campground, the Commissioners will be able to say that we have talked about it and have an opinion in support of the proposal. After the Seely fire we lost so many camping areas that this option would benefit the public by giving them a place to camp. Commissioner Lynn Sitterud made a motion to, as a County Commission, support the mining company and the Forest Service if this is the direction they choose to go. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(7) DISCUSS/APPROVE/DENY MARKETING MATCH FOR EMERY COUNTY WORKING RANCH HORSE FROM THE TRAVEL BUREAU BUDGET.
Jordan Leonard explained that the Emery County Working Ranch Horse came to the Emery County Travel Bureau to ask for matching funds to assist in promoting their event. They will be teaching kids how ride and break horses. They will host approximately 30 families for this event. They estimate the project will be $4,000.00 and have requested $2,000.00. This would come out of TRT funds. Commissioner Lynn Sitterud made a motion to approve Marketing Match funds for Emery County Working Ranch from the Travel Bureau budget. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(8) DISCUSS/APPROVE/DENY TOURISM INCENTIVE FUNDING FOR FIRE PIT FROM THE TRAVEL BUREAU BUDGET.
Jordan Leonard explained that Fire Pit bought out Fatty’s. They have remodeled the building. They would like to put tables and chairs in front, fencing around the property and make it look more appealing. They anticipate this will cost $11,640.87. They are asking for the retail incentive grant to assist in this project. The Travel Bureau feels this is a good project because it will beautify the building and improve the property thus increasing the property taxes. The Travel Bureau would match the project with $5,000.00 from the Travel Bureau budget. Commissioner Paul Cowley made a motion to approve incentive funds for Fire Pit from the Travel Bureau budget. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(9) DISCUSS/APPROVE/DENY RENEWING LEASE AGREEMENT WITH SITLA FOR OHV TRAILS IN EMERY COUNTY
Public Lands Director, Ray Petersen discussed renewing a lease agreement with SITLA for OHV Trails in Emery County. In 2008 we entered into an agreement with SITLA for 30 miles of trails on SITLA land for a term of 10 years. This renewal lease is for 10 years also and is no cost to the county. The fees that are paid to SITLA come through the OHV fees that users pay when they register their ATV’s. The fund that is used to create, promote and maintain trails. The lease agreement is the same as the previous agreement with updated dates. Commissioner Lynn Sitterud made a motion to approve renewing a lease agreement with SITLA for OHV Trails in Emery County. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(10) DISCUSS/APPROVE/DENY CONTRACT WITH DAL DEE GUYMON, AIRPORT CURATOR.
Commissioner Paul Cowley made a motion to approve a contract with Dal Dee Guymon for Huntington Airport Curator. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(11) DISCUSS/APPROVE/DENY BUSINESS LICENSE FOR TEAM HARD ROCK, LLC
Commissioner Brady explained that there is a mining claim 4.4 miles east of Clawson, Utah called Septarianville, which includes three 20 acre pieces of BLM land. They would let individuals come out and dig for free but pay for the rocks if they want to take them. They hope that by bringing people to Emery County they will spend money here as well as offer an opportunity to bond with DNR and BLM. Zoning Administrator, Jeff Guymon indicated that they still need to go through the Level II zoning process. He suggested approving the license contingent upon bonding with DNR and BLM and complete the Level II permit process. Commissioner Paul Cowley made a motion to approve a business license for Team Hard Rock, LLC contingent upon their receiving bonding from BLM and DNR and completing the Planning & Zoning Level II process. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(12) DISCUSS/APPROVE DENY ADOPTING DOMESTIC VIOLENCE RESOLUTION. Commissioner Brady explained that this came from Commissioner Whitney from Beaver County. As President of UAC Board he is encouraging the counties to approve a resolution regarding Domestic Violence as a fundamental right. That local government has a responsibility to continue securing their rights on behalf of the citizens. Attorney, Mike Olsen explained that the purpose of the resolution would be recognize that domestic violence is a human rights issue and you, as local government, will raise awareness and enhance domestic violence education in the communities, the public and private sectors and within your government agencies. Julie Johansen wondered if this wasn’t already a part of the General Plan rather than creating a new resolution? Ray Petersen suggested checking with the Department of Health or the Domestic Violence Coalition which we already have in the county. Commissioner suggested changes to the resolution by changing : whereas, by recognizing domestic violence is a human right issue that Emery County willsupport awareness and domestic violence education in the communities, the public and private sectors. And in Section 2 : Emery County declares state and local government bears the responsibility to secure this human right for its citizens. Commissioner Paul Cowley made a motion to approve Resolution 8-22-17 with the corrections Commissioner Brady suggested. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(13) DISCUSS/APPROVE/DENY INVOICE FROM SEPTEMBER 2016 FOR ENGINEER CONSULTING OLD WEED AND MOSQUITO BUILDING.
Motion to table was made by Commissioner Lynn Sitterud, seconded by Commissioner Paul Cowley, and the motion passed.
(14) DISCUSS/APPROVE/DENY BLM RIGHT-OF-WAY UTU-89066.
Motion to approve BLM Right-of-Way UTU-89066 was made by Commissioner Paul Cowley, seconded by Commissioner Lynn Sitterud, and the motion passed.
(15) DISCUSS/APPROVE/DENY BLM RIGHT-OF-WAY UTU-89067
Motion to approve BLM Right-of-Way UTU-89067 was made by Commissioner Paul Cowley, Seconded by Commissioner Lynn Sitterud, and the motion passed.
(16) COMMISSION/ELECTED OFFICIALS REPORT
Attorney Mike Olsen reported that he attended a meeting with RUA on August 21st where they discussed Garfield County’s/Kane County’s suit under definition of the Sunshine Law. Garfield is a member of RUA so they have asked RUA to participate. Basically they are stating that because the secretary of the interior held a meeting or met with the commission that was held behind closed doors or was not noticed up that, that was meeting that was under the definition of that statute. So they are asking for an injunction to have them stop doing that. The important part is the how the court interprets that law. Basically they are going to say, any time that there is two commissioners together that is a meeting under the statute. The other side is saying that they can receive information with two of them at the same time. We will watch this close. The board of RUA voted to have Peter Sturba represent them. We will keep watching this.
Commissioner Sitterud reported that the decision to close the Nuckwoodward Road has been put on hold for this year.
Commissioner Brady attended two meetings with the power plants. Huntington Plant received a #1 rating in the United States. Hunter Plant received #2 rating. He reported that he felt the 25k Jobs Summit went well. Emery County really needs to keep pushing for Economic Development.
Commissioner Cowley that on September 2nd there will be a Drone event at the Huntington Airport.
We then have two more events coming up in September, Peach Days in Ferron City and Melon Days in Green River City.
(17) ADJOURN
The meeting was adjourned.
ATTEST: COMMISSIONER: MINUTES OF THE CANVASS OF ELECTION FOR THE AUGUST 15, 2017 PRIMARY ELECTION
AUGUST 23, 2017
Present at the meeting was Commissioner Keith Brady, Commissioner Paul Cowley, Commissioner Lynn Sitterud, Clerk/Auditor Brenda Tuttle and IT Director Jeff Guymon.
Clerk/Auditor Brenda Tuttle reported that there were 0 ballots to be verified or counted.
There are no adjustments to be made to the results.
Commissioner Paul Cowley made a motion to accept the canvass of votes for the August 15, 2017 Primary Election. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
The meeting was adjourned.
Attest: Commissioner : MINUTES OF THE REGULAR MEETING OF THE BOARD OF EMERY COUNTY COMMISSIONERS HELD IN THE EMERY COUNTY COURTHOUSE
SEPTEMBER 5, 2017
Present at the meeting was Commissioner Lynn Sitterud, Commissioner Paul Cowley, Attorney Mike Olsen, Deputy Clerk/Auditor Carol Cox, elected officials and citizens.
Commissioner Lynn Sitterud as Vice Chairman will step down throughout the meeting to execute motions as needed.
CONSENT AGENDA
(1) APPROVAL OF CHECK EDIT LIST, REQUISITIONS AND DISPOSITIONS
The Warrant Check Edit List #245468 through and including #245567 was presented for payment.
(2) APPROVAL OF MINUTES OF AUGUST 22, 2017 COMMISSION MEETING.
(3) NOTIFICATION. COMMISSIONER LYNN SITTERUD HAS RETAINED MAEGAN CROSLAND AS HIS CONFIDENTIAL SECRETARY. EFFECTIVE 8-24-17. WAGE GRADE 14.
(4) NOTIFICATION. LORRAINE MARTIN WAS SELECTED AS A PART TIME JANITOR FOR THE GREEN RIVER LIBRARY. WAGE GRADE 6.
(5) APPROVAL OF MARK H. WILLIAMS AS A VOLUNTEER FOR THE 2017 ARAPEEN ATV JAMBOREE.
Motion to approve the Consent Agenda was made by Commissioner Paul Cowley, seconded by Commissioner Lynn Sitterud, and the motion passed.
DISCUSSION AGENDA (1) ITEMS PULLED FROM THE CONSENT AGENDA.
Nothing
(2) APPROVAL OF COMMISSIONER LYNN SITTERUD AS CHAIRMAN FOR REMAINDER OF 2017.
Commissioner Paul Cowley made a motion to appoint Commissioner Lynn Sitterud as Chairman for the remainder of 2017. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(3) OPENING OF BIDS ON THE HUNTINGTON CANYON SOUTH DEBRIS BASIN IMPROVEMENT PROJECT 2017.
Bids were opened and read aloud for the Huntington Canyon South Debris Basin Improvement Project 2017.
1. TSJ Construction $219,000.60 2. Nelco Constructors $232,875.00 3. Perco Rock Co. $164,435.00 4. Vancon, Inc. $319,205.00
Commissioner Paul Cowley made a motion to release the bids to Johansen & Tuttle Engineering for review and comparison and award to the lowest bidder. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
Commissioner Paul Cowley made a motion to leave the regular meeting and move into a public hearing to receive public comment on a Level 3 Conditional Use Permit for KFJ Subdivision and Zone Change, and at the conclusion of the public hearing to return to the regular meeting. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(4) PUBLIC HEARING: TO TAKE PUBLIC COMMENT ON LEVEL 3 CONDITIONAL USE PERMIT FOR KFJ SUBDIVISION AND ZONE CHANGE.
Jeff Guymon, Acting Director of Planning & Zoning explained the circumstances regarding a Level 3 permit for KFJ Subdivision and the needed Zone change. Johansen & Tuttle Engineering was in the process of working on a subdivision for Kerwin Jensen, owner of the business in the industrial zoned area, when they found that there are four residences located within the industrial zone, which is not allowed. The Planning & Zoning Commission did some research and found that the county approved the building permits for the residences. Because of the lot sizes and the needed zone changes the Planning Commission recommended that lots #1,2, 3,4 be zoned as A1. Lots #5,6,7,8,and 9 stay in the Industrial Zone. The businesses operating within these lots are in accordance with the Industrial Zone. The Planning Commission recommended obtaining encroachments from UDOT for safe access in and out of the area. Resolve any conflicts with neighbors. Provide all water and sewer hook-ups. Get building permits for any new structures. File an amended plan if anything changes in the future.
(5) DISCUSS /APPROVE/DENY LEVEL 3 CONDITIONAL USE PERMIT FOR KFJ FOR SUBDIVISION AND ZONE CHANGE.
Upon returning to the regular meeting agenda Commissioner Paul Cowley made a motion to approve a Level 3 Conditional Use Permit for KFJ provided the conditions are met as recommended by the Planning & Zoning Commission. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(6) PRESENTATION OF 2017 FIRE REPORT BY JERAMY JOHNSON.
Did not attend the meeting.
(7) RATIFICATION OF APPOINTMENT OF BRADON BRADFORD AS INTERIM HEALTH OFFICER FOR THE SOUTHEASTERN UTAH BOARD OF HEALTH.
Commissioner Sitterud explained that because of the retiring of the health officer for the Southeastern Utah Board of Health the board has asked Bradon Bradford to be interim health office until such time as they can replace the previous officer. Commissioner Paul Cowley made a motion to ratify the appointment of Bradon Bradford as interim Health Officer for the Southeastern Utah Board of Health. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(8) RATIFICATION OF SIGNING OF EMERY COUNTY EMERGENCY WATERSHED PROTECTION PROJECT ORANGEVILLE FLOOD CONTROL PROJECT PLAN.
Commissioner Paul Cowley made a motion to ratify the signing of Emery County Emergency Watershed Protection Project Orangeville Flood Control Project Plan. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(9) RATIFICATION OF SIGNING OF COTTONWOOD CREEK EROSION CONTROL OPERATION AND MAINTENANCE PLAN.
Commissioner Paul Cowley made a motion to ratify the signing of Cottonwood Creek Erosion Control Operation and Maintenance Plan. The motion was seconded by Commissioner Lynn Sitterud. The motion passed. (10) DISCUSS/APPROVE/DENY COOPERATIVE AGREEMENT WITH UTAH DIVISION OF FORESTRY, FIRE AND STATE LANDS FOR NOXIOUS WEED MANAGEMENT ALONG THE GREEN RIVER.
Commissioner Sitterud explained that the Cooperative Agreement with Utah Division of Forestry, Fire and State Lands is for $25,000.00 for the year and is an additional amount than the previous year because of all the extra work the Weed Department did. Commissioner Paul Cowley made a motion to approve a Cooperative Agreement with Utah Division of Forestry, Fire and State Lands for Noxious Weed management along the Green River. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(11) DISCUSS/APPROVE/DENY SHALA HUNSAKER AS MISS EMERY COUNTY SCHOLARSHIP PROGRAM DIRECTOR.
Motion to table was made by Commissioner Paul Cowley, seconded by Commissioner Lynn Sitterud, and the motion passed.
(12) DISCUSS/APPROVE/DENY AMENDED COUNTY CIB LIST FOR FISCAL YEAR 2018.
Commissioner Sitterud explained that Huntington City has asked to be added to the 2018 CIB list to finish a cemetery project. Commissioner Paul Cowley made a motion to approve amending the county CIB list for Fiscal Year 2018. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(13) DISCUSS/APPROVE/DENY EMS OFF-LINE MEDICAL DIRECTOR AGREEMENT WITH DR. TRAVIS ENGAR.
Attorney Mike Olsen indicated that this is a long standing agreement with Dr. Engar. This agreement will continue with his service as off-line medical director for emergency medical assistance. Commissioner Paul Cowley made a motion to approve EMS off-line Medical Director agreement with Dr. Travis Engar. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(14) COMMISSION/ELECTED OFFICIALS REPORT.
Commissioner Cowley reported that the Huntington Airport hosted a Drone Racing event this past weekend.
The annual Arapeen Trail ride is coming up this Thursday, Friday, and Saturday. Castle Valley Ranch has offered it’s services for participants. Commissioner Sitterud talked about the process for selecting a new Commissioner to replace Keith Brady. So far there have been ten individuals interested in filling the position and have turned in an application to Emery County Republican Party Chairman, Bill Dellos. The last day to get an application in to Mr. Dellos for consideration is September 11th at 5PM. Voting will be on September 14th.
(15) ADJOURN
ATTEST: COMMISSIONER: MINUTES OF THE REGULAR MEETING OF THE BOARD OF EMERY COUNTY COMMISSIONERS HELD IN THE EMERY COUNTY COURTHOUSE
SEPTEMBER 19, 2017
Present at the meeting was Commission Chairman Lynn Sitterud, Commissioner Paul Cowley, Attorney Mike Olsen, Deputy Clerk/Auditor Carol Cox, elected officials and citizens.
CONSENT AGENDA
(1) APPROVAL OF CHECK EDIT LIST, REQUISITIONS, AND DISPOSITIONS.
The Warrant Check Edit List # 245610 through and including #214736 was presented for payment.
Requisitions were presented for the following:
REQUISITION DESCRIPTION AMOUNT
33-17 Vehicle and body camera Patrol vehicle bed cover Sheriff $12,570.00
There was one disposition for a 1998 John Deere Grader #6951 traded in for a new grader.
(2) APPROVAL OF MINUTES OF SEPTEMBER 05, 2017 COMMISSION MEETING.
(3) APPROVAL OF SHAYLA HUNSAKER AS VOLUNTEER FOR THE FAIR, SPECIFICALLY THE MISS EMERY PAGEANT.
(4) APPROVAL TO HIRE JOSIE STILSON AS 3/4 TIME DEPUTY TREASURER I WITH PRORATED BENEFITS. WORKING 29 HOURS PER WEEK. EFFECTIVE 9-25-17. GRADE 13.
(5) APPROVAL OF EMERY COUNTY COMMISSION RESPONSIBILITIES LIST.
Motion to approve the Consent Agenda was made by Commissioner Paul Cowley. Commissioner Lynn Sitterud stepped down to second the motion. The motion passed.
DISCUSSION AGENDA
(1) DISCUSS/APPROVE/DENY KENT WILSON AS THE INTERIM REPLACEMENT TO SERVE OUT THE UNEXPIRED TERM OF COMMISSIONER KEITH BRADY.
Commissioner Lynn Sitterud stepped down to make a motion to accept Kent Wilson to replace Keith Brady as Emery County Commissioner. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(2) SWEARING IN OF KENT WILSON AS EMERY COUNTY COMMISSIONER TO SERVE OUT THE UNEXPIRED TERM OF COMMISSIONER KEITH BRADY.
Emery County Clerk/Auditor Brenda Tuttle conducted the swearing in process for Kent Wilson as Emery County Commissioner.
(3) PRESENTATION OF YEARS OF SERVICE TO SCOTT N. JOHANSEN.
Attorney Mike Olsen read a tribute prepared for Scott N. Johansen
Scott retired in 2016 from his 24 year tenure as the Seventh District Juvenile Court Judge. He became the Judge in 1992 after serving as the Emery County Attorney for 13 years. As Judge he served Carbon, Emery, Grand and San Juan counties. He also served as the felony drug court Judge in Emery and family drug court in Carbon County until his retirement. In 2014, he received the Chancellor’s Medallion Award at the USU Eastern Commencement exercises.
Scott received his law degree from the J. Reuben Clark College of Law at BYU in 1977 and practiced with the Price law firm of Frandsen, Keller & Jensen from 1977 to 1979. He served as city attorney for several cities and towns in Carbon, Emery, and Sanpete counties and is a former president of the Utah Association of Counties. Scot is the past chair of the Board of Juvenile Court Judges, past chair of the Judicial Council’s Policy and Planning Committee, past member of the Sentencing Commission and the Judicial Council. Scot made landmark changes in the Juvenile Justice System, and transformed that system by helping to create the Juvenile Sentencing Guidelines and also by helping to secure significant amounts of funding for the system to be used in the hiring of probation officers and in funding services for those involved in the juvenile justice system. He championed education and had an unrivaled 96% high school graduation rate for juveniles that came before him.
Scott is the son of the late Eugene and Grace Johansen and the husband of Laurel Johansen. They have five children- two sons and three daughters. The have 20 grandchildren, including a set of twins and a set of triplets and their 21st grandchild is expected in November. He has maintained his active role in their lives even during his fight with leukemia and afterward. Scott was diagnosed with leukemia in 2015 and after a long, hard courageous battle he was declared leukemia free in September of 2016.
He is always accompanied by grandchildren, whether it’s working with them out on the farm or riding horses in Joe’s Valley. He’s the grandpa that was seen sliding down rocks and hiking through Yosemite and he was also involved in instigating, encouraging and participating in paddleboard fights at Bear Lake. He loves training little cowboys and farmers out at the field and spends a lot of his time in retirement converting from flood irrigation to the new sprinkling system, which he thoroughly enjoys.
Ever the historian, he regales family with stories from WWII and with experiences from his own life ranching in Joe’s Valley and prosecuting murders in his early career. He enjoys traveling to see his grandchildren and he’s always up for excursions delivering Hereford bulls to buyers throughout the west and Midwest for the JoBulls operation. His family feels as though they were granted a miracle in having him still with them after his bout with cancer and they enjoy every minute they get to spend with him.
Scott has gained the respect and admiration of many during his years of service to his community family and church.
Scott was presented with a plaque of appreciation from Emery County.
(4) ITEMS PULLED FROM THE CONSENT AGENDA.
Nothing
(5) OPEN AND REVIEW BIDS FOR MURAL AT THE MUSEUM OF THE SAN RAFAEL.
There was one bid for a mural at the Museum of the San Rafael. The bid was from Kaelynn Winn Fine Art in the amount of $8,200.00. The project was locally advertised. Museum Director Maegan Wilberg explained that a capital request was made for $3,500.00 during 2017 budget process. Brenda Tuttle suggested that they could rollover the funds to next year and do the project in 2018. Maegan indicated that there is no hurry on a decision. Commissioner Kent Wilson made a motion to table this until another meeting. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(6) RATIFICATION OF SIGNING OF CUT-OFF DATE EXTENSION FOR SOUTH MOORE CUT-OFF ROAD PHASE 10.
Commissioner Paul Cowley made a motion to ratify the signing of Cut-Off Date Extension for South Moore Cut-Off Road Phase 10. The motion was seconded by Commissioner Kent Wilson. The motion passed. (7) DISCUSS/APPROVE/DENY SIGNATURE ON CHANGE ORDER NO.1 ON THE MILLSITE DAM REHABILITATION PROJECT.
Commissioner Sitterud explained that the survey was done incorrectly and has to be re-done. The cost is $10,106.00. The cost to Emery County is approximately $300.00. This is between the NRCS and the water users. Emery County is just a pass through and administer for the project. The cost is within the budget for this project. The county has to approve all the work. Commissioner Paul Cowley made a motion to approve Change Order #1 on the Millsite Dam Rehabilitation Project. The motion was seconded by Commissioner Kent Wilson. The motion passed.
(8) DISCUSS/APPROVE/DENY ORDINANCE DECLARING SMOKING PROHIBITED IN OUTDOOR PLACE OF PUBLIC ACCESS.
Attorney Mike Olsen explained that this is something that is being done in other counties and cities. It addresses the issue of smoking in ball parks, playgrounds, events, etc within 25 feet of public access. He indicated that this is an issue that law enforcement as well as his office has had several calls about and have asked for clarification of the state statute or a county ordinance. If the ordinance is passed it will be advertised in the paper for two weeks and up to the venue, such as the parks to post a sign citing the ordinance. Commissioner Paul Cowley made a motion to approve an ordinance declaring smoking prohibited in outdoor places of public access. The motion was seconded by Commissioner Kent Wilson. The motion passed.
(9) DISCUSS/APPROVE/DENY PROVIDING FLU VACCINES THIS YEAR IN CONJUNCTION WITH OUR WELLNESS CLINIC NOVEMBER 1-2, 2017 IN CASTLE DALE AND NOVEMBER 3, 2017, IN GREEN RIVER.
Mary Huntington requested approval to provide flu vaccines in conjunction with the county’s Wellness Clinic in November. Commissioner Kent Wilson made a motion to approve providing flu vaccines in conjunction with the Wellness Clinic in November. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(10) DISCUSS/APPROVE/DENY UTILIZING EMERY MEDICAL CENTER FOR THE ANNUAL WELLNESS CLINIC.
Commissioner Paul Cowley made a motion to approve utilizing Emery Medical Center for the annual Wellness Clinic. The motion was seconded by Commissioner Kent Wilson. The motion passed.
(11) DISCUSS/APPROVE/DENY GIVING FULL TIME EMPLOYEES WHO PARTICIPATE IN THE WHOLE WELLNESS CLINIC 4 HOURS OF VACATION.
Commissioner Kent Wilson made a motion to approve giving full time employees who participate in the Whole Wellness Clinic 4 hours of vacation. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(12) DISCUSS/APPROVE/DENY AN ORDINANCE TO DECLARE AND ENFORCE A GENERAL POLICY FOR THE FENCING OF FARMS, SUBDIVISIONS OR OTHER PRIVATE PROPERTY.
Attorney Mike Olsen discussed the need for an ordinance to declare and enforce a general policy for the fencing of farms, subdivisions or other private property. He explained that he has had several calls from farmers and ranchers regarding a defined fencing policy. Ray Petersen reported that past Commissioners have been reluctant to pass a fencing ordinance, preferring to keep the policy as is. Mr. Olsen indicated that Utah is an open range state. He talked about instances where there is a need for the ordinance. After additional discussion Commissioner Kent Wilson made a motion to approve an ordinance to declare and enforce a general policy for the fencing of farms, subdivisions or other private property. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(13) DISCUSS/APPROVE/DENY AUTHORIZING BALANCE RESOURCES TO NAME AND REPRESENT EMERY COUNTY AS ONE OF THE SUPPORTING FRIENDS OF COURT IN THE FILING TO BACK GARFIELD AND KANE COUNTIES IN THE SUWA VS GARFIELD & KANE COUNTIES LAWSUIT.
Attorney Mike Olsen discussed an instance wherein, SUWA is suing Garfield and Kane Counties Secretary of Interior, Ryan Zinkie asked for input from a couple of Commissioners from Garfield and Kane Counties regarding wilderness issues. Because the Commissioners met with Mr. Zinkie, in an unofficial capacity, to provide input, SUWA says that was a meeting and was therefore illegal. Mr. Olsen added that Balance Resources is asking for Emery County to be one of the supporting friends of the court in filing to back Garfield and Kane Counties in the SUWA vs Garfield & Kane Counties lawsuit. He indicated that this suit could have big implications for how the Commissioners do their job. Commissioner Kent Wilson made a motion to table any decision until next Commission Meeting to allow time for Mr. Olsen to gather more information. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(14) DISCUSS/APPROVE/DENY BOARD OF EQUALIZATION (BOE) CLOSURE.
Commissioner Paul Cowley made a motion to approve the closure of BOE for 2017. The motion was seconded by Commissioner Kent Wilson. The motion passed.
(15) DISCUSS/APPROVE/DENY BOARD OF EQUALIZATION (BOE) CHANGES FOR 2017.
Commissioner Paul Cowley made a motion to approve BOE Changes for 2017. The motion was seconded by Commissioner Kent Wilson. The motion passed.
(16) DISCUSS/APPROVE/DENY VETERAN, BLIND, AND HOMEOWNER’S TAX CREDIT ABATEMENTS.
Clerk/Auditor Brenda Tuttle explained the requirements for the Veteran, Blind, and Homeowner’s tax Credit. The Commissioners reviewed the list of applicants. Commissioner Kent Wilson made a motion to approve the list of Veteran, Blind, and Homeowner’s Tax Credit Abatements. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(17) DISCUSS/APPROVE/DENY LOW INCOME ABATEMENT FOR RYAN COWLEY.
Commissioner Lynn Sitterud and Commissioner Kent Wilson discussed a low income abatement for Ryan Cowley. Commissioner Paul Cowley excused himself from the discussion and left the room. Clerk/Auditor Brenda Tuttle explained that Mr. Cowley meets the qualifications for the abatement. This abatement is a Commissioner adjustment and is not refunded by the State. The Commission can abate up to 50% of the taxes owed. Mr. Cowley has applied in past years, but did not apply last year. Commissioner Kent Wilson made a motion to grant a 50% abatement for Ryan Cowley indicating that it is for 25% for last year and 25% for this year. Commissioner Lynn Sitterud stepped down to second the motion. The motion passed.
(18) DISCUSS/APPROVE/DENY EASEMENT FROM SITLA FOR A SEGMENT OF OHV TRAIL BETWEEN THE PAGEANT SITE AND THE NEWLY DEVELOPED DESBEE DOVE TRAIL.
Ray Petersen explained that this is a request to make application for an easement from SITLA for a segment of OHV trail between the pageant site and the newly developed DesBee Dove Trail. Emery County owns a right-of-way to the trail. There is no cost the county. He suggested incorporating this lease into a 10 year lease as they have done with other leases. Commissioner Kent Wilson made a motion to approve making application from SITLA for a segment of OHV trail between the pageant site and the newly developed DesBee Dove Trail. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(19) COMMISSION/ELECTED OFFICIALS REPORT.
Commissioner Cowley
Joel Jensen, Eastern Utah Community Credit Union asked to have announced that they will have a membership luncheon on Wednesday, September 20th from 11am-2 pm.
Suicide Prevention Group open workshop will be on September 29th at 10am at the Emery County Sheriff’s Training Facility. Taryn Hyatt will be the presenter.
The Arapeen Trail Jamboree was successful. Mark Williams indicated that they had over 50 people. The staging for the event was held at Castle Valley Outdoors. He estimated that approximately $14,000.00 was spent in the county by those who attended the jamboree.
Commissioner Sitterud Commissioner Sitterud expressed his appreciation for the freedoms we enjoy in this country. He cited the recent voting process for selection of a new commissioner for the county.
Howard Shorthill, USU EU explained an advancement grant writing workshop at the University to assist and introduce individuals to the grant writing process. This will be held on October 23rd at the University of Utah Eastern Utah Campus in Price, Ut.
(20) ADJOURN.
ATTEST: COMMISSIONER: MINUTES OF THE SPECIAL MEETING OF THE BOARD OF EMERY COUNTY COMMISSIONERS HELD IN THE EMERY COUNTY COURTHOUSE
SEPTEMBER 28, 2017
Present at the meeting was Commission Chairman Lynn Sitterud, Commissioner Paul Cowley, Commissioner Kent Wilson, Attorney Mike Olsen, Deputy Clerk/Auditor Carol Cox, other elected officials and citizens.
(1) DISCUSS/APPROVE/DENY RESOLUTION TO WITHDRAW FROM THE SOUTHEASTERN UTAH DISTRICT HEALTH DEPARTMENT.
Commission Chairman Lynn Sitterud asked for feedback from Roxanne Jensen, Board Chairman of Southeastern Utah District Health Department. Kathy Kearney-Reeves, as a board member, presented feedback also. Roxanne explained that the Board
(2) ADJOURN
ATTEST: COMMISSIONER : MINUTES OF THE SPECIAL MEETING OF THE BOARD OF EMERY COUNTY COMMISSIONERS HELD IN THE EMERY COUNTY COURTHOUSE
SEPTEMBER 28, 2017
Present at the meeting was Commission Chairman Lynn Sitterud, Commissioner Paul Cowley, Commissioner Kent Wilson, Attorney Mike Olsen, Deputy Clerk/Auditor Carol Cox, other elected officials and citizens.
(1) DISCUSS/APPROVE/DENY RESOLUTION TO WITHDRAW FROM THE SOUTHEASTERN UTAH DISTRICT HEALTH DEPARTMENT.
Commission Chairman Lynn Sitterud explained that this meeting is being held today to discuss/approve/deny a resolution to withdraw from the Southeastern Utah District Health Department. He said that there has not been a decision to withdraw or that there is even a desire from within the County Commission to withdraw. This meeting is being held today because we have a time constraint, that if we were to send a resolution, it needed to be done before the end of the month to enable us to do this. We are doing this today as an insurance policy incase we find it necessary to do this. Carbon County Commission has done this same resolution showing their intent to withdraw from Southeastern Utah District Health Department. We are not being drug by Carbon County, we just want enable ourselves to be able to make the correct decision when the time comes. He continued, We will be discussing a resolution as follows:
A Resolution of Emery County Board of Commissioners giving notice of its intent to withdraw from the Southeastern Utah District Health Department, whereas, the Board of County Commissioners is charged in establishing a local health department for the benefit of Emery County Residents, and, whereas the Board of County Commissioners is concerned about the present ability of the Board of Southeastern Utah Board of Health to met the needs of Emery County’s residents. Now, Therefore, the Emery County Board of Commissioners finds that the citizens of Emery County would be better served by withdrawing from the Southeastern Utah District Health Department and forming its own health district. Now, therefore, be it hereby resolved by the Board of County Commissioners of Emery County, Utah, that pursuant to Utah Code Anoted, Section 26A-1-122, the Board of Commissioners does hereby give notice that Emery County shall withdraw from the Southeastern Utah District Health Department effective December 31, 2017. The Board of Commissioners reserves the right to resend this resolution at anytime prior to that date.
Commissioner Cowley asked for input from SEUDHD Board Chairman, Roxanne Jensen.
Roxanne indicated that she had Board Member Kathy-Kearney Reeves in attendance also. 2 Minutes of a Special Meeting of the Board of Emery County Commissioners September 28, 2017
She indicated that in speaking with Commissioner Wilson it was explained to her that this process is necessary to do to discuss some of the issues that Carbon County has brought up and that you have the right to resend it. She stated she hopes that is the way you decide to go.
Roxanne read a prepared statement for the Board of Commissioners. She stated that upon receiving notice of the Carbon County’s Board of Commissioners proposal to consider a resolution withdrawing from the SEUDHD she contacted Dr. Miner Utah State Health Department Director. He stated that his recommendation would be for Carbon County to reconsider that proposal and do everything possible to keep the three counties together. I contacted County Commissioners to inform them about Carbon County’s proposal. She stated it would be her hope that the Commissioners would take this time between now and December 31st to try to resolve the issues between Carbon, Emery and Grand Counties so we can form our tri- county health department back.
Attorney Mike Olsen asked Roxanne if she had specific ideas for resolving the issues? She indicated that she has not even heard what Carbon Counties issues are. She suggested having some discussions with Carbon County and the Health Department and resolve the issues. Try to look at every angle and decide what is best for our citizens. Do not leave the Health Department out of the discussions. The number one concern of the board is to keep the three counties together.
Commissioner Sitterud asked Roxanne if she can see the merit in what Emery County is trying to do? Roxanne indicated that she can see the merit in it but would hope that the County would have the discussions to resolve the issues.
Patsy Stoddard asked the Commissioners what the issues are that need to be resolved? Commissioner Sitterud indicated that there is a dysfunction within the board. It is not a functioning board. No one from Emery County is pushing this, it is just an insurance policy to see that we are not left behind and disabling ourselves from making a decision. Patsy asked what would be the county’s plan for meeting health needs of Emery County residents if the county was to withdraw from the Health Department? Commissioner Sitterud answered that he does not know if anyone knows what that map would look like right now. Commissioner Wilson explained that if we do not exercise this right now, and this is the only time we can do this per state statute you can only pull out by December 31st of each year and give written 90 day notice, and if Carbon County pulls out of the Health District then by state statute we will be tied to Grand County for a year. Mike Olsen added that Carbon County is the host county for the Health District. All the infrastructure is in Carbon County. Most of the employees are in Carbon County, most of the population is in Carbon County. We have to keep our options open. Carbon County is under the impression that this is not a functioning Board. Commissioner Wilson asked Roxanne and Kathy how long the board has been looking for a new director? They indicated that Mr. Cunningham retired in March 2017. Commissioner Wilson indicated that for 6 months now the board of directors has been consumed in the hiring process. He stated as he attended the 3 Minutes of a Special Meeting of the Board of Emery County Commissioners September 28, 2017
last Board meeting he feels that Carbon County is concerned that they have not been taking care of their responsibilities as given to them by the State in guiding SEUDHD. There has not been any direction and policy. Commissioner Wilson’s impression from attending one meeting that Carbon County, if they are going to stay, would like a whole new board of directors and start new. Carbon County is the driving force. We are just responding to their action. Next Friday there is going to be a meeting with one representative from each county at which time Carbon County will address their concerns and possible solutions to their concerns. Then it will be up to Emery County or Grand County to decide if we can live with those set of circumstances. Patsy Stoddard asked if it is just the administrative part of the health department with the problem? It is not the services out in the field? Commissioner Wilson indicated that the Health Department offices that have routine business with the public are operating with business as usual. The Health Department is running fine. The problem is fractures in the board of directors. It is the county’s obligation to see that these services are taken care of properly. Carbon County is using their mandate to try and straighten out the board of directors. The Board of Directors has one employee and that is the Executive Director. Then the Executive Director is the boss of all the other employees. So the board only has authority over one employee. They are to give him policies and guidance to do his job. Commissioner Wilson expressed concern, that regardless of who they hire to be the new administrator, he is going to be a new individual. If we make every board member new as well, to him that puts everything at risk. So, going forward we need to make sure there is some form of leadership. There needs to be some experience on the board so not every slot is a new person. Some important decisions need to be made. The first option for everyone is to find a way for us all to stay together. Commissioner Sitterud stated that is what this Commission wants to see. We hope that you all see that we, as a Commission, are representing the citizens of Emery County in the best way that we can see for our citizens. We would not want to say today that if Carbon County withdraws we have to withdraw with them but, come December 31st if Carbon County withdraws and we with you and everyone wants to provide input to this decides that we are better off to be with Carbon County starting over than to be with Grand County. We need to work towards that decision. This will put us in the best position to make an important decision at that time. This will be an open process to help us determine what is best for us.
Kathy commented as a former employee of the Health Department who has retired and petitioned to be appointed to the board, stated that in her opinion it will be a huge detriment to all of the counties involved if we have to split. A lot of progress has been made with Dave Cunningham who did a great job with the department. He implemented new programs. He brought qualified employees to the area. If we split up, it will be one big mess.
Commissioner Sitterud added that they do not understand why, when Dave Cunningham was going to retire in March you did not have someone in place in January working alongside Dave to let Dave teach them all he can before he left to have a smooth transition. He indicated that as a Commission that concerned us, that it did not concern the board. 4 Minutes of a Special Meeting of the Board of Emery County Commissioners September 28, 2017
Kathy indicated that was never even talked about in board meetings. She indicated she did not know why this did not occur? This is typical of the local health department. They did not think ahead to look at hiring someone ahead of time to let them get all the wisdom and knowledge from the experienced person. The new person is put on the job and expected to figure it out. She felt that the board’s thought on this was the environmental health director was being groomed for this position and was put in as the interim director so the board would petition to have him put in there. Then the board decided they wanted some new blood. The first time around that did not work out well. Many of the board members still felt that they needed new blood.
Patsy Stoddard asked if it was the Board of Directors job to find a new director? Commissioner Wilson indicated that the Board of Directors is responsible for the Director of the Health District. This process was on the agenda for the last meeting he attended. The Board voted to put this off until they have figured out the boundaries for a new director.
Roxanne indicated that the Board did agree on a new director, but later found out that she was not qualified for the job. Some board members wanted to offer the job to their second choice and some wanted to reopen the application process.
Attorney Mike Olsen asked if the Board could have someone hired and in place by January 1st? Roxane indicated that the interim director can serve for 1 year. The Board has to hire someone before March 31, 2018.
Commissioner Wilson stated that in his opinion he felt that the process of finding a new director is what has caused all of the stress. Not the new director. It is the process. The Board, as he understands it, did not follow their own guidelines. In their policy, if he understands is correctly, the normal procedure would have been a two thirds vote would have only been necessary to hire a new director. Somewhere along the way they changed that to a unanimous vote. This was changed for this event.
Kathy stated that she thinks that they (the Board) have realized the mistakes (as a board) that the initial hiring committee made. That was one of the major ones. She stated that she was not on the initial hiring committee. She is on the current hiring committee. Two of the members were Commissioners and the third was a board member from Grand County. There was no precedent set on hiring a health officer . They had no guidelines, no rules to go by. They were basically developing things as they sent along.
Attorney Mike Olsen asked if we can move forward? Can we fix the rules and get us a director? The Contract with the Health Department is up on January 1.
Kathy and Roxanne suggested that is if you secede. You can operate under the interim director until March 2018. 5 Minutes of a Special Meeting of the Board of Emery County Commissioners September 28, 2017
Commissioner Wilson stated that he is not suggesting that Emery County leave the Health Department on January 1. All we are doing is passing a resolution to where we can if we want to.
Attorney Mike Olsen asked but if we have not left by January 1 then we are obligated for one more year? We have to have this worked out by then. This can only be done on the December 31st deadline.
Commissioner Sitterud stated that if we do not do this by January 1 then we can not do this again until January 1 of the next year.
Commissioner Wilson added that if everyone stays on board then it is a March deadline. If everyone can workout their differences and we all three maintain our membership then the interim director can stay on until March.
Roxanne indicated that the Board is ready to move on with the advertising, but we needed to have this discussion before we can move forward to know what they would be advertising for.
Attorney Mike Olsen expressed his frustration at the Board’s indecisiveness at getting a director hired. The interim director is doing a great job. Let’s just get him hired and move on.
Commissioner Wilson stated that our problem is we need to find out what Carbon County is going to dictate to stay in.
Attorney Mike Olsen stated he speculated that Carbon County will want a new board, start fresh and get Brady hired. He is qualified and doing a great job.
Commissioner Wilson made a motion to accept Resolution 9-28-17 to preserve our right to leave Southeastern Utah District Health Department if necessary on December 31. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(2) ADJOURN
ATTEST: COMMISSIONER : MINUTES OF THE REGULAR MEETING OF THE BOARD OF EMERY COUNTY COMMISSIONERS HELD IN THE EMERY COUNTY COURTHOUSE
OCTOBER 3, 2017
Present at the meeting was Commission Chairman Lynn Sitterud, Commissioner Paul Cowley, Attorney Mike Olsen, Deputy Clerk/Auditor Carol Cox, elected officials and citizens.
Commissioner Kent Wilson was not present at the meeting. Commissioner Lynn Sitterud will step down throughout the meeting to execute motions as needed.
CONSENT AGENDA
(1) APPROVAL OF CHECK EDIT LIST, REQUISITIONS AND DISPOSITIONS.
The Warrant Check Edit List # 245752 through and including # 245859 was presented for payment.
Requisitions were presented for the following:
REQUISITION DESCRIPTION AMOUNT
34-17 (4) Gas Monitors (1) Test Station Sheriff $4,969.93
35-17 Wall sink, faucet, water line, drain, labor Weed/Mosquito $725.00
There were no dispositions.
(2) APPROVAL OF MINUTES OF SEPTEMBER 19, 2017 COMMISSION MEETING
(3) APPROVAL OF COUNTY CREDIT CARD FOR COMMISSIONER KENT WILSON.
(4) APPROVAL OF CELL PHONE STIPEND FOR COMMISSIONER KENT WILSON.
(5) 2 COMMISSION MEETING MINUTES OCTOBER 3, 2017
APPROVAL TO APPOINT COMMISSIONER KENT WILSON AS VICE CHAIRMAN.
(6) APPROVAL TO APPOINT BOLTON WORLD TO A TRAVEL BOARD MEMBER SEAT.
(7) APPROVAL OF MICHAEL GRANGE TO RECEIVE A 3% WAGE INCREASE FOR SUCCESSFUL COMPLETION OF HIS 6 MONTH ORIENTATION PERIOD AS PATROL DEPUTY I. GRADE 16. EFFECTIVE 10-8-17.
(8) NOTIFICATION DAVID ROBERTSON SELECTED AS THE PART TIME MAINTENANCE WORKER FOR THE LIBRARIES AND SAN RAFAEL MUSEUM. WAGE GRADE 13.
Commissioner Paul Cowley made a motion to approve the Consent Agenda with the exception of item #5 being moved to the discussion agenda #1. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
DISCUSSION AGENDA
(1) ITEMS PULLED FROM THE CONSENT AGENDA.
#5 Approval to appoint Commissioner Kent Wilson as Vice Chairman. Commissioner Paul Cowley made a motion to appoint Commissioner Kent Wilson as Vice Chairman of the Board of Emery County Commissioners. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(2) DISCUSS/APPROVE/DENY MARKET MATCH FUNDING FOR MECCA BIKE CLUB FESTIVAL
Jordan Leonard, Economic Development requested approval for Market Match Funding for MECCA Bike Club Festival. They are requesting $3,500.00 which they will match and use for advertising their events. TRT funds are used to fund the Market Match Program. Commissioner Lynn Sitterud made a motion to approve Market Match Funding for MECCA Bike Club Festival in the amount of $3,500.00. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(3) 3 COMMISSION MEETING MINUTES OCTOBER 3, 2017
DISCUSS/APPROVE/DENY TOURISM DEPARTMENT TO MOVE FORWARD WITH PROJECTS FROM THE UTAH COOPERATIVE MARKETING PROGRAM-ROUND 2017 50/50 GRANT FUNDING.
Tina Carter, Travel Bureau requested approval to move forward with projects for the Utah Cooperative Marketing Program. She reported that they received three grant awards from UOT for the Utah Cooperative Marketing Program- Round 2017 50/50 Grant Funding. For the digital campaign they are awarded $7,400.00. For Website Development Phase 2 they are awarded $22,300.00. For Branding and Marketing they are awarded $58,400.00. Commissioner Paul Cowley made a motion to approve moving forward with the projects from the Utah Cooperative Marketing Program -Round 2017. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(4) DISCUSS/APPROVE/DENY COMMENT LETTER TO FOREST SUPERVISOR IN REGARD TO PROPOSED SOUTH FORK LEASE MODIFICATION.
Public Lands Director, Ray Petersen explained that the USDA proposes to add 800 acres to two leases in the Quitchupah Lease and Green’s Hollow Lease. This will increase coal production for SUFCO which is an important economic and energy activity for Emery County and neighboring counties, the State of Utah and the nation. Ray added that Emery County supports this modification and expects that proper management practices be required and implemented in the development and extraction of coal resources. Commissioner Lynn Sitterud made a motion to approve a support letter to Forest Supervisor of the Manti-LaSal National Forest with the stipulation that any water resource issues be mitigated by Canyon Fuel Company, LLC., The motion was seconded by Commissioner Paul Cowley. The motion passed.
(5) DISCUSS/APPROVE/DENY LETTER OF SUPPORT FOR THE GREEN RIVER FIRE AND EMS BUILDING.
The City of Green River is seeking support for PCIB grant application to help finance a new public safety building. As part of the application process they are required to have a letter of support from the Emery County Commission. The letter was due October 5, 2017. Commissioner Paul Cowley made a motion to ratify the sending of a letter of support for the City of Green River in their grant process. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(6) DISCUSS/APPROVE/DENY ALLOWING EMERY COUNTY EMTS THAT LIVE IN GREEN 4 COMMISSION MEETING MINUTES OCTOBER 3, 2017
RIVER TO GET THEIR FLU SHOTS AT GREEN RIVER MEDICAL CENTER.
Personnel Director, Mary Huntington requested approval to allow Emery County EMTs that live in Green River to get their flu shots at Green River Medical Center. Commissioner Paul Cowley made a motion to allow EMTs that live in Green River to get their flu shots at the Green River Medical Center. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(7) RATIFICATION OF APPROVAL OF 2017 BEER TAX FUNDS.
Captain Kyle Ekker explained that the Sheriff’s Department receives a portion of each sale to be used for specific list of things. In the past they have used it to compensate for overtime, and other uses as allowed. This year the amount is $20,185.00. An acceptance letter was needed to be sent before October 1st. Captain Ekker was seeking ratification for acceptance of the Beer Tax Funds for 2017. Commissioner Paul Cowley made a motion to ratify approval of 2017 Beer Tax Funds. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(8) DISCUSS/APPROVE/DENY THE RESOLUTION OF APPOINTMENT OF AN EMERY COUNTY REPRESENTATIVE AND AN ALTERNATE FOR THE UTAH COUNTIES INDEMNITY POOL ANNUAL MEMBERSHIP MEETING, IN APPOINTING MARY HUNTINGTON AS THE REPRESENTATIVE AND MIKE OLSEN AS THE ALTERNATE REPRESENTATIVE.
Commissioner Paul Cowley made a motion to approve Resolution 10-3-17 appointing Mary Huntington as an Emery County Representative and Mike Olsen as an Alternate for the Utah Counties Indemnity Pool Annual Membership meeting. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(9) DISCUSS/APPROVE/DENY GIVING THE SPOUSE OF A FULL TIME EMPLOYEE A $25.00 VISA GIFT CARD FOR PARTICIPATING IN THE WELLNESS CLINIC ON ANYONE OF THESE DATES, NOVEMBER 1ST, 2ND , AND/OR 3RD 2017.
Commissioner Paul Cowley made a motion to give the spouse of a full time employee a $25.00 Visa Gift Card for participating in the Wellness Clinic on November 1, 2, and/or 3, 2017. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(10) DISCUSS/APPROVE/DENY GIVING FULL TIME EMPLOYEES OR THEIR SPOUSE A 5 COMMISSION MEETING MINUTES OCTOBER 3, 2017
$25.00 VISA GIFT CARD FOR PARTICIPATING IN THE HEALTHCARE BLUE BOOK/TELEDOC ENROLLMENT SEMINAR ON NOVEMBER 9, 2017.
Commissioner Paul Cowley made a motion to give full time employees or their spouse a $25.00 Visa Gift Card for participation in the HealthCare Blue Book/TeleDoc enrollment seminar on November 9, 2017. The motion was seconded by Commissioner Lynn Sitterud. The motion passed. Commissioner Lynn Sitterud made a motion to amend the motion to include allowing Green River employees to receive the $25.00 Visa Card for participating in the enrollment process while already here for the Wellness Clinic on November 1, 2, and /or 3rd. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(11) DISCUSS/APPROVE/DENY BOE COMMISSION ADJUSTMENT PHASE 2.
Assessor Kris Bell requested approval for a BOE Commission Adjustment for Lyman Family Farms. The change is to switch parcel #02-0105-003 from locally assessed to state assessed. Commissioner Paul Cowley made a motion to approve a BOE Commission Adjustment for parcel #02-0105-003 as recommended by Kris Bell. The motion was seconded by Commissioner Lynn Sitterud. The motion passed.
(12) COMMISSION/ELECTED OFFICIALS REPORT.
Sheriff Greg Funk invited everyone to attend a special speaking engagement with Kimberly Schlau-Below 100 on Wednesday at 10 am at the Green River High School and 6 pm at Emery High School Auditorium and Thursday at 9:30 am at Emery High School. Ms. Schlau speaks about Highway Patrol awareness dealing with speeding and knowing when to back off. She speaks from experience as she lost two daughters to a high speed chase.
(13) ADJOURN
Motion to adjourn the meeting was made by Commissioner Paul Cowley, seconded by Commissioner Lynn Sitterud and the motion passed.
ATTEST: COMMISSIONER: MINUTES OF THE REGULAR MEETING OF THE BOARD OF EMERY COUNTY COMMISSIONERS HELD IN THE EMERY COUNTY COURTHOUSE
OCTOBER 17, 2017
Present at the meeting was Commission Chairman Lynn Sitterud, Commissioner Paul Cowley, Commissioner Kent Wilson, Attorney Mike Olsen, Deputy Clerk/Auditor Carol Cox, elected officials and citizens.
CONSENT AGENDA
(1) APPROVAL OF CHECK EDIT LIST, REQUISITIONS AND DISPOSITIONS
The Warrant Check Edit List # 245902 through and including # 246045 was presented for payment.
Requisitions were presented for the following:
REQUISITION DESCRIPTION AMOUNT
36-17 SQL Server 2017 Air fiber links IT $ 3,580.50
There were no dispositions.
(2) APPROVAL OF MINUTES OF OCTOBER 03, 2017 COMMISSION MEETING
(3) APPROVAL OF MINUTES OF SEPTEMBER 28, 2017 SPECIAL COMMISSION MEETING.
(4) APPROVAL OF AFFIDAVIT OF PERSONAL INTEREST IN BEHALF OF JERIMIAH RICH WITH HIS BUSINESS INTEREST IN JR’S STOP N GO.
(5) NOTIFICATION: ALEX STILSON SELECTED AS A PART TIME HEAD LIFEGUARD WORKING 19 3/4 HOURS PER WEEK. EFFECTIVE 10-9-17. WAGE GRADE 5. 2 COMMISSION MEETING MINUTES OCTOBER 17, 2017
(6) NOTIFICATION: ELI BEAGLEY, DEEGAN MINCHEY, AND HANNAH MORRIS SELECTED AS A PART TIME LIFEGUARD WORKING UP TO 19 3/4 HOURS PER WEEK. WAGE GRADE 3.
(7) APPROVAL TO TEMPORARILY PROMOTE TYSON HUNTINGTON FROM PATROL DEPUTY II TO DETECTIVE I UP TO 3 YEARS. INCLUDES A 3% WAGE INCREASE WHILE PERFORMING DETECTIVE DUTIES.
(8) APPROVAL OF AFFIDAVIT OF PERSONAL INTEREST IN BEHALF OF KENT WILSON WITH HIS BUSINESS INTERESTS IN BK’S STOP-N-SHOP AND EMERY COUNTY SANITATION.
Commissioner Paul Cowley made a motion to approve the Consent Agenda. The motion was seconded by Commissioner Kent Wilson. The motion passed.
DISCUSSION AGENDA
(1) ITEMS PULLED FROM CONSENT AGENDA.
Nothing
(2) PRESENTATION OF PROGRAMS OFFERED BY SEUALG BY MICHAEL BRYANT.
Michael Bryant, SEUALG came before the Board of Emery County Commissioners to present a brochure outlining the servicing programs for Carbon, Emery, Grand and San Juan Counties.
(3) DISCUSS/APPROVE/DENY AMENDED CIB LIST FOR FY 2018.
Commissioner Lynn Sitterud explained that the amendment to the CIB List for year 2018 is to add $60,000.00 to provide vehicles for the HEAT and Food Bank services in Emery and San Juan Counties. Commissioner Kent Wilson made a motion to approve an Amended CIB List FY 2018. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(4) 3 COMMISSION MEETING MINUTES OCTOBER 17, 2017
DISCUSS/APPROVE/DENY AMENDING AGREEMENT WITH DALEN JOHNSON TO INCLUDE LOWELL MORRIS AS A MEDICAL PROVIDER FOR THE INMATES OF THE EMERY COUNTY DETENTION CENTER.
This was added to the agenda , but was not necessary. Commissioner Paul Cowley made a motion to table. The motion was seconded by Commissioner Kent Wilson. The motion passed.
(5) DISCUSS/APPROVE/DENY AMENDING AGREEMENT WITH DALEN JOHNSON TO INCLUDE LOWELL MORRIS AS A MEDICAL PROVIDER UNDER THE EMERY COUNTY JAIL RISK AND NEEDS SCREENING DIAGNOSIS AND ASSESSMENT PROGRAM, FUNDED BY THE STATE OF UTAH, COMMISSIONER ON CRIMINAL AND JUVENILE JUSTICE (CCJJ) FOR THE COUNTY PERFORMANCE INCENTIVE PROGRAM (CPIP).
Sheriff Funk indicated that they currently have a contract with Dalen Johnson as a medical provider under the Emery County Jail Risk and Needs Screening Diagnosis and Assessment Program, which is funded by the State of Utah. The State has been pleased with the way the program has been working. Dalen asked to have Lowell Morris help him with the program. The State agreed. Commissioner Paul Cowley made a motion to approve amending the agreement with Dalen Johnson to include Lowell Morris. The motion was seconded by Commissioner Kent Wilson. The motion passed.
(6) APPROVE ACCEPTANCE OF AWARD OF THE 2017 STATE HOMELAND SECURITY PROGRAM GRANT (SHSP) FOR REGION VI, EMERY AND CARBON COUNTY.
Chairman Lynn Sitterud explained the 2017 Homeland Security Program Grant (SHSP) for Region VI, Emery and Carbon County. Carbon County will be signing the same Acceptance of Award. Emery County’s portion will be $97,934.50. Carbon County’s portion will be $114,559.50. The remainder, $13,000.00 Regional Funds, is earmarked for dive and rope teams that is shared by the two counties. Items purchased with these funds must be on a list for specific, approved uses. Commissioner Paul Cowley made a motion to approve acceptance of award of the State Homeland Security Program Grant (SHSP) for Region VI, Emery and Carbon County. The motion was seconded by Commissioner Kent Wilson. The motion passed.
(7) DISCUSS/APPROVE/DENY ADVERTISING FOR BIDS FOR REMOVAL OF DEBRIS 4 COMMISSION MEETING MINUTES OCTOBER 17, 2017
FROM THE HUNTINGTON BALL COMPLEX TO WIDEN THE EXISTING ROADWAY AND PARKING AREA.
Chairman Lynn Sitterud explained that at the north end of the ballpark there is a hill that the rocks are rolling off and there is no where for the runoff to go. We have interested people in the dirt. He proposed opening it up for bid, advertise for anyone interested in removing the dirt. The hill will be squared off and the successful bidder can remove the dirt to a place of their choosing. The dirt is anticipated to be approximately 10,000 yards. Commissioner Kent Wilson made a motion to proceed with the process by advertising for bids to remove the dirt from the Huntington Ball Complex as discussed. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(8) DISCUSS/APPROVE/DENY 2018 TENTATIVE BUDGET FOR EMERY COUNTY AND CASTLE VALLEY SPECIAL SERVICE DISTRICT.
Clerk/Auditor, Brenda Tuttle presented the 2018 tentative budget for Emery County. Castle Valley Special Service District Administrator, Jacob Sharp presented their 2018 tentative budget. Commissioner Kent Wilson made a motion to approve the 2018 tentative budgets for Emery County and Castle Valley Special Service District. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(9) PRESENTATIONS BY LEGAL COUNSEL REPRESENTING PARTIES REGARDING LONG STREET. THIS IS NOT A PUBLIC HEARING, HOWEVER, THE COMMISSIONERS WILL ACCEPT PUBLIC COMMENT TIME (MAXIMUM OF 3 MINUTES EACH).
Chairman Lynn Sitterud explained that this is not a public hearing but simply an opportunity to gather information and allow expression of ideas and opinions of this issue. The Emery County Commissioner’s position on this issue is that there has been a lot insinuation. We have never held a public hearing on abandoning this road. There has never been a meeting of the Commissioners to discuss or vote on abandoning this road. With the information that they have been given by their legal counsel and having never seen a public hearing or found minutes that this has been accepted, our position is that this is a public road. We will allow counsel to give presentation on their position and then we will open the meeting to the public to orderly and politely express opinions. (Three minutes only each)
Steve Styler, legal counsel for the Holyoak family. He stated that this issue boils down to the ability to protect their private property rights. The ranch that the Holyoak family purchased in 2005 has Long Street that goes through this property. One of the issues that the Holyoaks have 5 COMMISSION MEETING MINUTES OCTOBER 17, 2017
seen since their ownership is that when people have come up along this road they believe that they can drive through their property to access the BLM Wilderness Study Area which is directly to the north on the other side of their property. There is no way to leave this road to access the BLM property without crossing over private property. On a number of occasions people have tried to get into the WSA and the BLM has responded with some pretty harsh criticism of the Holyoak family, saying that they are allowing people to access the BLM through their property or doing it themselves threatening to impose fines. Basically they are forcing the Holyoak family to be the gatekeeper for the WSA. They are aware that there has not been any formal abandoning of this road. State law requires that there be continued use for a 10 year period. Mr. Stayler sited history of requests, by property owners, made to the Commission to maintain the road. He reported on the history of past uses. There is nothing that shows how this road became a county road. His contentions is that this road was never a county road.
Dave Blackwell, legal counsel representing Green River Companies, June Adams and Greg Vetere, adjoining land owners. He stated his main concern and focus is on county Road # 1001 also known as Long Street. This road shows up on maps and has for many years. The records he looked at show that in 1983 or possibly 1985 the county made a bus turnaround at end of the road on what is now the front of the Holyoak property. County roads are made through use. There is no formal way for the road to be made a county road. It is through use of the road. The landowners ask for help to maintain road. The county takes it on and then UDOT takes over from there. UDOT then recognizes it as a county road and pays the county through Class B Road Funds as such to maintain the road. There are thousand of miles of roads in the county that are similar to this one that you can not go back and find a date that it became a county road. We know that magically it appears on a map as a county road. Many of these roads go over private land. It has to have ten years use. It is a prescriptive easement through use. This is an issue that he has dealt with formally over the 23 years he worked as the county attorney here in Emery County. In looking over the 23 years he worked here he found 2 instances where they abandoned 2 roads that were previous county roads. In both instances they were little segments that were no longer used because of a reconfigured joining highway. this is not the case here. There are land owners here, particularly June Adams and Greg Vetere, who have purchased land with assurance that there is access to a county road. Zoning in Emery County requires access to a county road. If June Adams decided to divide her property to 2 acre lots those properties would have to have access to a county road or they could not build. It is very important that the land owners have access to a county road. There was a point in time when a particular land owner who owned property on both sides of the road asked the County Road Department to quit grading, but later asked to have be graded. Later that same land owner along with another land owner asked to have the Road Department come in and fix the road. This road has never been abandoned. It may have not been maintained but never abandoned. To say it is not a county road is to defy the facts. He stated his concern is for the land owners reduction property value if this access is cut off. This has been compounded by the new fencing policy especially with respect to June Adams who took down a gate which was her access for her property to the county road. Her biggest issue is that she now has to maintain that fence because the cows run 6 COMMISSION MEETING MINUTES OCTOBER 17, 2017 on the county road. This is an issue for the other land owners also. It is not fair to these property owners for the road to be abandoned now.
Attorney Mike Olsen asked Mr. Blackwell that when you said that through use of ten years are you relying on a state statute? Mr. Blackwell indicated that he could not state the exact statue but that is basically what it is. Through use of ten years makes it a public road. A county road is established when the county begins maintaining the road and the state starts paying funds for the maintaining of that road. UDOT said it had to be a public road for at least 10 years prior to 1999 for it to be on their map. Mr. Olsen asked Mr. Blackwell, does the county have any responsibility for determining county roads and keeping a record of these roads. Road Supervisor, Wayde Nielsen indicated that they have to keep a record and report annually. Mr. Olsen asked if this road has been recorded with the County Recorder as a county road? County Recorder, Connie Jensen indicated that yes it has been recorded.
Mr. Stayler indicated that as a point of reference, when the Holyoaks purchased the property in 2005 there was a title search done wherein the road did not show up as a county road.
Chairman Lynn Sitterud opened the meeting to the public for comments.
The majority of the comments were from Green River residents past and current. They made comments regarding the amount of years they have used the road to access BLM property for recreational use, as well as historical sites along the river.
Those making comments were as follow: Tim Vetere, Greg, Vetere, Frank Vetere, Kathy Ryan, Bob Quist, Don Holyoak, Randy Erwin, Ross Wilberg, Cam Weihing, Kent Sleight, David Ray, Jake Braken, Colby Hunt, Patsy Stoddard, Frank Spadafora, Jaden Mead, June Adams, John Vetere.
Chairman Sitterud thanked those who have made comment. He indicated that if counsel moves to having a public hearing we will hold that public hearing in Green River.
(10) COMMISSION/ELECTED OFFICIALS REPORT.
Commissioner Kent Wilson indicated that the Health Department is headed in the right direction. 7 COMMISSION MEETING MINUTES OCTOBER 17, 2017
(11) ADJOURN
The meeting was adjourned.
ATTEST: COMMISSIONER: MINUTES OF THE REGULAR MEETING OF THE BOARD OF EMERY COUNTY COMMISSIONERS HELD IN THE EMERY COUNTY COURTHOUSE
NOVEMBER 7, 2017
Present at the meeting was Chairman Lynn Sitterud, Commissioner Paul Cowley, Commissioner Kent Wilson, Attorney Mike Olsen, Deputy Clerk/Auditor Carol Cox, elected officials, and citizens.
CONSENT AGENDA
(1) APPROVAL OF CHECK EDIT LIST, REQUISITIONS, AND DISPOSITIONS.
The Warrant Check Edit List #246183 through and including #2463222 was presented for payment.
Requisitions were presented for the following:
REQUISITION DESCRIPTION AMOUNT
37-17 (3) AED G3 units Sheriff $3,885.00
38-17 Replacement for Radio Repeater for Cedar Mtn. Communications $3,733.10
39-17 (3) Kenwood NXR-5700 25 Watt Repeater radios (12) Kenwood NXR 5700 mobile Sheriff Office radios (8) Kenwood NX-5200 hand helds for Sheriff’s Office Communications/Sheriff $25,092.02
40-17 (5) fiber connections for Horn, Cedar, GR, Moore And Sheriff’s Office for Public Safety Communications and TV $ 8,125.00 Fiber Build out to the County’s Cedar Mtn. Communications site. $3,210.00 Fiber Build out to the County’s Moore Communications Site. $45,571.00
41-17 (3) HP workstations Z-240 MT IT/Capital Replacement $ 4,388.97 2 COMMISSION MEETING MINUTES NOVEMBER 7, 2017
(2) APPROVAL OF MINUTES OF OCTOBER 17, 2017 COMMISSION MEETING.
(3) APPROVAL TO APPOINT WARREN OVIATT TO THE FIRE PROTECTION SPECIAL SERVICE DISTRICT BOARD.
(4) APPROVAL TO APPOINT CARRIE CHILDS TO THE FIRE PROTECTION SPECIAL SERVICE DISTRICT.
(5) APPROVAL TO RE-APPOINT DANNY VAN WAGONER TO THE TRAVEL BOARD TO SERVE A FOUR(4) YEAR TERM.
(6) APPROVAL TO APPOINT LES WILBERG TO THE PLANNING AND ZONING BOARD TO SERVE A FOUR(4) YEAR TERM.
(7) APPROVAL FOR OUT OF STATE TRAVEL FOR RAY PETERSEN TO ATTEND THE ANNUAL COLORADO RIVER WATER USERS ASSOCIATION CONFERENCE IN LAS VEGAS, NEVADA ON DECEMBER 13-15.
(8) APPROVAL FOR OUT OF STATE TRAVEL FOR COMMISSIONER LYNN SITTERUD AND COMMISSIONER KENT WILSON TO TRAVEL TO WASHINGTON D.C. FOR WORK ON LANDS BILL ON NOVEMBER 12-15, 2017.
(9) APPROVAL TO BRING JORGAN ALLRED, LES ANDERSON AND KACIE HEALEY BACK AS SEASONAL RUSSIAN OLIVE TECHNICIANS WORKING 29 HOURS PER WEEK, WITH NO BENEFIT. WAGE $13.50 PER HOUR.
(10) NOTIFICATION: JONATHAN SEELY AND SYDNEY TERWILLIGER HAVE BEEN SELECTED AS PART-TIME LIFEGUARDS WORKING 19 3/4 HOURS PER WEEK, WITH NO BENEFITS. WAGE $13.50 PER HOUR.
(11) 3 COMMISSION MEETING MINUTES NOVEMBER 7, 2017
APPROVAL TO GIVE DEREK BEAGLEY A 3% WAGE INCREASE FOR SUCCESSFUL COMPLETION OF HIS 6 MONTH ORIENTATION PERIOD. MOVE FORM GRADE 14 @ $15.04 PER HOUR TO GRADE 14@ $15.49 PER HOUR. EFFECTIVE 11-13-17.
(12) APPROVAL TO GIVE MAKYAN NIELSON, LEVI OLSEN, AND PARKER STILSON A 3% WAGE INCREASE FOR SUCCESSFUL COMPLETION OF THEIR 6 MONTH ORIENTATION PERIOD. MOVE FROM GRADE 3 @ $7.91 PER HOUR TO GRADE 3 $ 8.16 PER HOUR. EFFECTIVE 11-13-17.
Motion to approve the Consent Agenda was made by Commissioner Kent Wilson, seconded by Commissioner Paul Cowley, and the motion passed.
DISCUSSION AGENDA
(1) ITEMS PULLED FOR THE CONSENT AGENDA.
Nothing
(2) OPEN AND REVIEW BIDS FOR REMOVAL OF DEBRIS FROM THE HUNTINGTON BALL COMPLEX TO WIDEN THE EXISTING ROADWAY AND PARKING AREA.
There was one bid for removal of debris from the Huntington Ball Complex. The bid was from JN Auto. Mr. Nielson intends to use the dirt for personal use and indicated in his bid that work will be traded for use of the removed dirt and debris so there will be no monetary cost involved. Commissioner Kent Wilson made a motion to accept the bid from JN Auto for the removal of debris from the Huntington Ball Complex to widen the existing roadway and parking area. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(3) PRESENTATION BY RAY PETERSEN REGARDING THE MK TUNNELS.
Public Lands Director, Ray Petersen reported on discussions with BLM about possibility of management of the MK Tunnels. They talked about creating a heritage area for interpretation of the history of the area. With the new field manager coming on board more discussion will continue. Commissioner Sitterud added that the direction from the council was to see what funding will be available so there is no cost to the county.
(4) 4 COMMISSION MEETING MINUTES NOVEMBER 7, 2017
PRESENTATIONS BY SOUTHEASTERN UTAH ASSOCIATION OF LOCAL GOVERNMENTS.
Geri Gamber made a presentation highlighting the services available through the Southeastern Utah Association of Local Governments with a focus on the Aging Program in Emery County. They have recently hired Robby Jensen as the Aging Director. Mr. Jensen has a masters degree in Geriatrics. They will begin visiting the Senior Centers on November 20th. She talked about funds set aside to assist the centers. She introduced program managers who were present for the presentation and gave an overview of the services provided through their programs at the AOG. Michael Bryant, Regional Planning Director for AOG highlighted their website through a video presentation. You can access their website through www.seualg.utah.gov. Program directors in attendance were: Jade Powell, CDBG & VITA, Shawna Horrocks, AAA Director, Debbie Riche, Aging Program Specialist, Julie Rosier, Community Service Program Manager, Michele Kelley, Fiscal Manager, Michael Bryant, Regional Planning Director.
(5) DISCUSS/APPROVE/DENY LETTER REQUESTING COOPERATING AGENCY STATUS IN DEVELOPMENT OF AMENDMENTS TO BLM RESOURCE MANAGEMENT PLANS AND ASSOCIATED ENVIRONMENTAL IMPACT STATEMENT IN RESPONSE TO DOI SECRETARIAL ORDER 3353.
Ray Petersen recommended approval of a letter requesting cooperating agency status in developments to BLM Resource Management Plans and the associated Environmental Statement in response to Department of Interior’s Secretarial Order 3353. Commissioner Paul Cowley made a motion to approve a letter drafted by Ray Petersen to BLM requesting to be a part of the process. The motion was seconded by Commissioner Kent Wilson. The motion passed.
(6) DISCUSS/APPROVE/DENY CHANGE ORDER #2 ON MILLSITE DAM REHABILITATION PROJECT.
Captain Kyle Ekker and Eric Dixson, State Engineer on the Millsite Dan Rehabilitation Project explained Change Order #2. The funds for this will come from the contingency budget. Commissioner Paul Cowley made a motion to approve Change Order #2 for Millsite Dan Rehabilitation Project. The motion was seconded by Commissioner Kent Wilson. The motion passed.
(7) DISCUSS/APPROVE/DENY CHANGE ORDER #3 ON MILLSITE DAM REHABILITATION 5 COMMISSION MEETING MINUTES NOVEMBER 7, 2017
PROJECT.
Commissioner Kent Wilson made a motion to approve Change Order #3 on Millsite Dan Rehabilitation Project. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(8) DISCUSS/APPROVE/DENY COMMISSION ADJUSTMENT ON PARCEL #01-0248-0016.
Nadine Thompson, Assessor’s Office requested a Commission adjustment on Parcel #01-0248- 0016. She explained that they should have given a metal garage the 55% residential exemption instead of the secondary, because it is located on the property right behind his house. Previous tax dollars $663.68, new tax dollars, $365.02, a difference of $298.66 Commissioner Paul Cowley made a motion to grant a Commission adjustment on Parcel #01–0248-0016 as requested. The motion was seconded by Commissioner Kent Wilson.
(9) DISCUSS/APPROVE/DENY COMMISSION ADJUSTMENT ON PARCEL #01-151D-0042.
Nadine Thompson, Assessor’s Office requested a Commission adjustment on Parcel #01-151D- 0042. This parcel is Green River City and is exempt, so there should be no value. The request is to remove the $2,400.00 value on parcel #01-151D-0042. Commissioner Kent Wilson made a motion to grant a Commission adjustment on Parcel #01-151D-0042 as requested. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(10) DISCUSS/APPROVE/DENY 2017 BUSINESS PERSONAL PROPERTY TAX EXEMPT ACCOUNTS.
Nadine Thompson, Assessor’s Office requested approval for the Business Personal Property Tax Exemptions. She explained that this applies to those businesses with less than $10,300.00 in personal property. The business must make application to be exempt from the Personal Property Tax. Commissioner Paul Cowley made a motion to approve the 2017 Business Personal Property Tax Exempt Accounts. The motion was seconded by Commissioner Kent Wilson. The motion passed.
(11) DISCUSS/APPROVE/DENY ADVERTISING FOR BIDS FOR THE LANDFILL METAL PILE. 6 COMMISSION MEETING MINUTES NOVEMBER 7, 2017
Commissioner Paul Cowley made a motion to approve advertising for bids for Landfill metal pile. The motion was seconded by Commissioner Kent Wilson. The motion passed.
(12) DISCUSS/APPROVE/DENY ADOPTING A RESOLUTION AMENDING THE FEE SCHEDULE FOR CONDITIONAL USE PERMITS.
Planning/Zoning Director, Jeff Guymon indicated that the Planning Commission in discussions to be more business friendly has adjusted the Conditional Use Permit Fee Schedule. The Board felt that this would help businesses that are just starting out or do not have mush value. In the process of reviewing the fee schedule they reviewed several other counties schedules and found that what they are proposing fits in with what other counties are charging. If the business expands their business they will have to file for an amendment and their fee will meet with what they have added to the business. Mr. Guymon asked for approval of Resolution 11-7-17, amending and adopting the fee schedule for Conditional Use Permits. Commissioner Kent Wilson made a motion to approve and adopt Resolution 11-7-17 amending the fee schedule for Conditional Use Permits. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(13) DISCUSS/APPROVE/DENY APPROVAL TO ADVERTISE JOB OPENING FOR EMERY COUNTY EVENT COORDINATOR.
Commissioner Sitterud explained that the contract with Amanda Leonard as the Event Planner has expired. In keeping with policy we need to advertise a job opening for an Event Planner. Commissioner Kent Wilson asked if in the contract there could be a clause to include retaining the person for another year if we are pleased with their work? Attorney Mike Olsen indicated that could be written into the next contract. Commissioner Kent Wilson made a motion to approve advertising for an Event Planner and rewrite the contract to include retaining the person if they are doing a good job, possibly making it a three year contract. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(14) DISCUSS/APPROVE/DENY MARKETING MATCH PROGRAM FOR HUNTINGTON CITY.
Travel Bureau Director, Tina Carter requested Marketing Match Funds for Huntington City. She explained that this will be a 50/50 match for signage wrap on the billboard sign as you are coming into Huntington City. This is the sign where Millsite Golf Course was previously advertised. The sign will be used to advertise Emery County including the County Brand. The request is for $3,200.00 which Huntington City will match. This is to get them started and they 7 COMMISSION MEETING MINUTES NOVEMBER 7, 2017 will take over the yearly payment in subsequent years. This is funded by TRT funds. Commissioner Kent Wilson made a motion to approve a request for Marketing Match Funds in the amount of $3,200.00 for Huntington City using TRT Funds. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(15) DISCUSS/APPROVE/DENY MARKETING FULL PAGE AD CONTRACT FOR NATIONAL GEOGRAPHIC TRAVELER.
Travel Bureau Director, Tina Carter requested Marketing Match Funds for a full page ad contract for National Geographic Traveler. She explained that the Event Planner is having a photo contest in three categories, professional, novice and local. The photos will be used for a full page ad in the National Geographic Traveler Magazine. The cost for this ad is $87,000.00. The Utah Office of Tourism was able to negotiate the cost down to $37,195.00. The Travel Bureau applied for a grant from UOT for half the cost. The cost for the ad will be $18,597.50. It will be in the October/November 2018 magazine. The funds for this will come from TRT. Commissioner Kent Wilson made a motion to approve a request for Marketing Match Funds for a full page ad contract for National Geographic Traveler using TRT funds. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(16) DISCUSS/APPROVE/DENY MARKETING PARTNERSHIP STATE PARKS.
Jordan Leonard, Economic Development Director requested Marketing Partnership with Utah State Parks to video the State Parks in Emery County. Emery County will retain the rights to the video to be used as we desire. It will be shown on Good Things Utah. They have requested $4,000.00. Commissioner Kent Wilson made a motion to grant Marketing Partnership Funds for State Parks to video the State Parks in Emery County. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(17) COMMISSION/ELECTED OFFICIALS REPORT.
Commissioner Wilson reported that the Health Department has hired a new director. They are now working toward a MOU to continue and move forward with permanent changes. He explained that each county has 2 votes and Carbon County want to change that to 3 for them. They figure that they have 50% of the population and they are the hosting county, we use their attorney. The board still has things to work out. There will be a few board members whose terms will end in January so they will be bringing in some new blood while still retaining experience on the board.
Commissioner Wilson talked about the fact that the budget process is nearly complete for the 8 COMMISSION MEETING MINUTES NOVEMBER 7, 2017 coming year. With the Mineral Lease payments steadily going down and the cost of doing business going up the county will be looking at making some hard choices in the coming year.
Commissioner Cowley talked about being involved in process to hire Robby Jensen. He is a local, coming from Ferron. He will be based in Price. He is optimistic about his qualifications and what he can do for Emery County Seniors.
(18) ADJOURN
Commissioner Paul Cowley made a motion to adjourn the meeting. The motion was seconded by Commissioner Kent Wilson. The motion passed
ATTEST: COMMISSIONER: MINUTES OF THE CANVASS OF ELECTION HELD NOVEMBER 14, 2017 FOR THE GENERAL ELECTION HELD ON NOVEMBER 7, 2017
Present at the Canvass of Election:
Paul Cowley Kris Bell Steven Barton Jeff Guymon Brenda Tuttle
An additional four ballots came in since election day and were valid.
Commissioner Paul Cowley made a motion to approve the results of the General Election held on November 7, 2017
The motion was seconded by Kris Bell and approved by all present.
The meeting was adjourned.
ATTEST: COMMISSIONER:
MINUTES OF THE REGULAR MEETING OF THE BOARD OF EMERY COUNTY COMMISSION HELD IN THE EMERY COUNTY COURTHOUSE
NOVEMBER 21, 2017
Present at the meeting was Commission Chairman Lynn Sitterud, Commissioner Kent Wilson, Commissioner Paul Cowley, Attorney Mike Olsen, Deputy Clerk/Auditor Carol Cox, elected officials and citizens.
CONSENT AGENDA
(1) APPROVAL OF CHECK EDIT LIST, REQUISITIONS AND DISPOSITIONS.
The Warrant Check Edit List # 246327 through and including #246483 was presented for payment.
There were no Requisitions.
Dispositions were presented for 255-2239 a 2006 Kobelco Hydraulic Excavator and 580-1984 a clock.
(2) APPROVAL OF MINUTES OF NOVEMBER 7, 2017 COMMISSION MEETING
(3) APPROVAL OF MINUTES FO NOVEMBER 14, 2017 CANVASS OF ELECTION FOR THE GENERAL ELECTION HELD ON NOVEMBER 7, 2017.
(4) APPROVAL TO PROMOTE NATALIE HUMPHREY TO OFFICE MANAGER OF THE ROAD DEPARTMENT. WAGE GRADE 16. EFFECTIVE 12-4-17
(5) NOTIFICATION. WADE HANCOCK HAS BEEN SELECTED TO RETURN AS A PART TIME WEED & MOSQUITO TECH WORKING 19 3/4 HOURS PER WEEK. WAGE GRADE 14.
Commissioner Paul Cowley made a motion to approve the Consent Agenda. The motion was seconded by Commissioner Kent Wilson. The motion passed. 2 Commission Meeting Minutes November 21, 2017
DISCUSSION AGENDA
(1) ITEMS PULLED FROM THE CONSENT AGENDA.
Nothing.
(2) PRESENTATION BY ERIC DIXON FROM THE STATE OF UTAH DNR, DIVISION OF WATER RESOURCES, AND BRONSON SMART OF NRCS TO UPDATE AND INFORM ON THE MILLSITE DAM REHABILITATION PROJECT.
Commissioner Kent Wilson made a motion to table this and move it to the December 19th meeting. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(3) UPDATE ON COTTONWOOD CREEK EMERGENCY WATERSHED PROTECTION PROJECT.
Commissioner Kent Wilson made a motion to table this and move it to the December 19th meeting. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(4) PRESENTATION BY LUIGI RESTA WITH UTILITY SOLAR INVESTMENT REGARDING SOLAR POWER PROJECTS.
Luigi Resta, Executive Vice President of ONYX Renewable Partners Utility Solar Investment came before the Board of Commissioners to discuss possible solar power projects in Emery County. He explained that PacifiCorp has put out a Request for Proposals for solar photovoltaic resources. They are seeking cost-competitive bids for solar energy interconnecting with or delivering to PacifiCorp’s system that will reduce system costs and provide net benefits for customers. PacifiCorp will seek to establish an initial shortlist that includes up to approximately 2,000 MW of aggregate solar capacity. The submission deadline is December 11, 2017. He indicated that they are hoping to get a project on the short list for consideration. To do so they need to have several things in place. He presented a proposed change to the county ordinance regarding solar energy panels. There will need to be approval from the Planning Commission and the County Commissioners for a Conditional Use Permit. It would be a 25 year contract with the land owner with an expected tax abatement for 70% of the county personal property tax for the first 15 years. Mr. Resta provided a presentation providing information regarding the project. He talked about his company’s success in constructing the first solar power plant in the state called the Utah Red Hills in Iron County in 2015. Commissioner Wilson indicated that he 3 Commission Meeting Minutes November 21, 2017 has been in communications with Iron County regarding the solar plant. They indicated to Commissioner Wilson that it was a zero cost for the county and that 30% of something is better than 100% of nothing. Commissioner Wilson provided insight to the dilemma with regards to taxes and what is best for the county in light of the current trend and future of coal in Emery County in relation to the power plants. Carbon County is considering it but without a tax abatement. Mr. Resta did not anticipate it being considered for the short list. The land owner for this project is Castle Valley Ranch. Woody Johnson, owner of Castle Valley Ranch indicated that he approves of the project. He thinks it is compatible and will not hamper the operations at the ranch. Attorney Mike Olsen had questions regarding taxes and the proposed creation of a Re-Investment Agency comprised of all the taxing entities of the county. In the June 6, 2017 Commission Meeting the Commissioners approved Zions Finance to conduct an Economic Impact Analyst for analyzing these types of projects to be sure that the projects are either a benefit of detriment to the county. Mr. Resta indicated that Blackstone is paying for that study. Commissioner Sitterud asked if Mr. Resta has met with the School Board, as the tax abatement will greatly affect the school district’s tax base. Mr. Resta indicated that he has met them. Commissioner Sitterud indicated that his concern is with the citizens of the county and that ultimately they will have to agree with the project. The Planning Commission will have to hold a special session to consider and recommend to the Emery County Commissioners an amendment to the ordinance with regard to large scale solar power plants. There are statutory time lines for creating the re-investment agency, ordinance changes as well as holding a public hearing for a conditional use permit. There were many questions and comments. The Commissioners indicated that they will wait for a recommendation from the Planning Commission and move as fast as possible.
(5) RATIFICATION OF LETTER OF SUPPORT FOR MCIC FOR FUNDING FROM THE BUREAU OF RECLAMATION FOR MCIC’S EFFORTS IN THEIR SALINITY OFFSET PROJECTS.
Commissioner Paul Cowley made a motion to ratify the signing of a Letter of Support for Muddy Creek Irrigation Company for funding from the Bureau of Reclamation for MCIC’s efforts in their salinity offset projects. The motion was seconded by Commissioner Kent Wilson. The motion passed.
(6) RATIFICATION OF CHANGE ORDER NO, 1 FOR THE ADOBE WASH SEDIMENT BASIN PROJECT.
Commissioner Kent Wilson made a motion to approve the ratification of Change order #1 for the Adobe Wash Sediment Basin Project. The motion was seconded by Commissioner Paul Cowley. The motion passed. 4 Commission Meeting Minutes November 21, 2017
(7) DISCUSS/APPROVE/DENY EMERY COUNTY LOCAL EMERGENCY PLANNING COMMITTEE’S (LEPC) APPLICATION FOR THE UTAH HAZARDOUS MATERIALS EMERGENCY PREPAREDNESS (HMEP) 2018 GRANT.
Captain Kyle Ekker explained that Emery County has been doing this for a very long time. The application is for $4,000.00 which the SO will match with $1,000.00. The funds will be used for wages and training. Commissioner Paul Cowley made a motion to approve LEPC application for the Utah Hazardous Materials Emergency Preparedness (HMEP) 2018 Grant. The motion was seconded by Commissioner Kent Wilson. The motion passed.
(8) DISCUSS/APPROVE/DENY THE UPDATED EMERGENCY SUPPORT FUNCTION #10 OF THE EMERY COUNTY EMERGENCY OPERATIONS PLAN.
Captain Ekker explained that anytime they update any information related to the plan it has to be approved by the Emery County Commission. In this case the contact phone numbers are being updated. Commissioner Paul Cowley made a motion to approve the updated Emergency Support Function #10 of the Emery County Emergency Operation Plan. The motion was seconded by Commissioner Kent Wilson. The motion passed.
(9) COMMISSION/ELECTED OFFICIALS REPORT.
Commissioner Wilson reported on his recent trip to Washington, D.C. While there he met with Senate and State Representatives regarding Emery County’s proposed Public Lands Bill. He stated he was encouraged by the progress being made and confident that it will be passed next year.
(10) ADJOURN
Commissioner Kent Wilson made a motion to adjourn the meeting. The motion was seconded by Commissioner Paul Cowley. The motion passed.
ATTEST: COMMISSIONER: MINUTES OF A SPECIAL MEETING OF THE BOARD OF EMERY COUNTY COMMISSIONERS
DECEMBER 7, 2017
Present at the meeting was Commission Chairman Lynn Sitterud, Commissioner Kent Wilson, Commissioner Paul Cowley (via phone), Attorney Mike Olsen, Deputy Clerk/Auditor Carol Cox, elected officials.
(1) DISCUSS/APPROVE/DENY SIGNING AN ORDINANCE CREATING THE EMERY COUNTY COMMUNITY REINVESTMENT AGENCY.
Commissioner Sitterud explained that creating a reinvestment agency has been in discussion for some time. The Commission has decided to move forward with creating the agency . Commissioner Wilson expressed the reason for his support of creating the agency. Emery County has a unique form of government compared to other counties in the state. Emery County’s tax base is the highest in the state due to the services that we provide to the communities. As a county we provide police officers, public safety, EMS, Road maintenance, etc. So when opportunities come along to provide incentives for business who contribute to the tax base, to locate in the county we need to be prepared to offer these incentives. Attorney Mike Olsen added that possible projects could come along in the future that would benefit the county. Creating an agency at this time has nothing to do with any specific project.
Commissioner Kent Wilson made a motion to move forward with and ordinance creating the Emery County Community Reinvestment Agency. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(2) DISCUSS/APPROVE/DENY THE BYLAWS FOR THE EMERY COUNTY COMMUNITY REINVESTMENT AGENCY.
Attorney Mike Olsen prepared the bylaws for the agency and indicated that the documents does what we want it to do. It creates a platform for getting the agency started. Commissioner Paul Cowley made a motion to accept the bylaws of the Emery County Community Reinvestment Agency. The motion was seconded by Commissioner Kent Wilson. The motion passed.
(3) DISCUSS/APPROVE/DENY THE PARTICIPATION REQUEST APPLICATION FOR THE EMERY COUNTY COMMUNITY REINVESTMENT AGENCY.
Commissioner Kent Wilson made a motion to table this item until a later date. The motion was seconded by Commissioner Paul Cowley. The motion passed. 2 Special Commission Meeting Minutes December 7, 2017
(4) ADJOURN
Commissioner Paul Cowley made a motion to adjourn the meeting. The motion was seconded by Commissioner Kent Wilson. The motion passed.
ATTEST: COMMISSIONER: MINUTES OF THE REGULAR MEETING OF THE BOARD OF EMERY COUNTY COMMISSIONERS HELD IN THE EMERY COUNTY COURTHOUSE
DECEMBER 19, 2017
Present at the meeting was Commission Chairman Lynn Sitterud, Commissioner Paul Cowley, Commissioner Kent Wilson, Attorney Mike Olsen, Deputy Clerk/Auditor Carol Cox, elected officials and citizens.
CONSENT AGENDA
(1) APPROVAL OF CHECK EDIT LIST, REQUISITIONS, AND DISPOSITIONS.
The Warrant Check Edit List # 246647 through and including #246778 was presented for payment.
There were no requisitions. Dispositions were presented for the following: 580-1976, bean bag chair, 580-1979, bean bag lounger, 580-1980 bean bag lounger, 580-1981 bean bag lounger, 410-2244 portable heater,
(2) APPROVAL OF MINUTES OF NOVEMBER 21, 2017 COMMISSION MEETING.
(3) APPROVAL TO RE-APPOINT WILLIAM COYNE, TED CURTIS AND RAYMON QUINN TO THE NORTH EMERY WATER USERS SPECIAL SERVICE DISTRICT.
(4) APPROVAL TO INCREASE EMS GARAGE LEAD SALARY TO $550.00 PER MONTH.
(5) APPROVAL TO APPOINT DOUG MORENO TO BE THE EMS GARAGE LEAD IN GREEN RIVER.
(6) APPROVAL TO APPOINT PENNY RICHES TO THE TRAVEL BOARD.
(7) APPROVAL OF ON CALL PAY FOR DETECTIVE TYSON HUNTINGTON IN THE AMOUNT OF $200.00 PER MONTH. 2 COMMISSION MEETING MINUTES DECEMBER 19, 2017
(8) APPROVAL OF OUT OF STATE TRAVEL FOR SHERIFF GREG FUNK, CAPTAIN KYLE EKKER AND CAPTAIN JEFF THOMAS TO ATTEND THE 2017 SHOT SHOW AND LAW ENFORCEMENT EDUCATION PROGRAM IN LAS VEGAS, NEVADA.
(9) APPROVAL TO TRANSFER TAMMY TUCKER TO THE ROAD AND WEED & MOSQUITO. WILL MAINTAIN HER CURRENT WAGE. EFFECTIVE JANUARY 2, 2018.
(10) APPROVAL OF OUT OF STATE TRAVEL FOR COMMISSIONER SITTERUD AND CAPTAIN EKKER TO ATTEND A MEETING WITH MURRAY ENERGY IN OHIO.
Motion to approve the Consent Agenda was made by Commissioner Paul Cowley, seconded Commissioner Kent Wilson and the motion passed.
DISCUSSION AGENDA
(1) ITEMS PULLED FROM THE CONSENT AGENDA
Nothing
Commissioner Paul Cowley made a motion to leave the regular Commission Meeting and move into a Public Hearing to receive public comment concerning the opening and amending of the FY 2017 budgets for Emery County and Castle Valley Special Service District and to return to the regular meeting upon close of the public hearing. The motion was seconded by Commissioner Kent Wilson. The motion passed
6:00 PM PUBLIC HEARING TO RECEIVE PUBLIC COMMENT CONCERNING OPENING AND AMENDING OF THE FY 2017 BUDGETS FOR THE EMERY COUNTY GENERAL FUND, SPECIAL REVENUE FUNDS, CAPITAL PROJECTS FUNDS, LOCAL BUILDING AUTHORITY, AND CASTLE VALLEY SPECIAL SERVICE DISTRICT.
Clerk/Auditor Brenda Tuttle presented the amended FY 2017 budget for the Emery County General Fund, Specials Revenue Funds, Capital Projects Funds, and Local Building Authority.
Castle Valley Special Service District Director Jacob Sharp presented the amended FY 2017 Budget for Castle Valley Special Service District General Fund, Capital Project Fund, and Debt Service Fund. 3 COMMISSION MEETING MINUTES DECEMBER 19, 2017
(2) DISCUSS/APPROVE/DENY AMENDED 2017 BUDGET
Upon returning to the regular meeting Commissioner Kent Wilson made a motion to approve Resolution 12-19-17 A amending the FY 2017 Budget for the Emery County General Fund, Special Revenue Funds, Capital Projects Funds and Local Building Authority of Emery County. The motion was seconded by Commissioner Paul Cowley. The motion passed.
Commissioner Paul Cowley made a motion to approve Resolution 12-19-17B amending the FY 2017 Budget for Castle Valley Special Service District General Fund, Capital Project Fund, and Debt Service Fund. The motion was seconded By Commissioner Kent Wilson. The motion passed.
Commissioner Paul Cowley made a motion to leave the regular meeting and move into a Public Hearing to receive public comment on the proposed FY 2018 budgets of Emery County and Castle Valley Special Service District and to return to the regular meeting upon close of the public hearing. The motion was seconded by Commissioner Kent Wilson. The motion passed.
(3) PUBLIC HEARING TO RECEIVE PUBLIC COMMENT REGARDING THE PROPOSED FY 2018 BUDGETS FOR THE EMERY COUNTY GENERAL FUND, SPECIAL REVENUE FUNDS, CAPITAL PROJECTS FUNDS, LOCAL BUILDING AUTHORITY, AND CASTLE VALLEY SPECIAL SERVICE DISTRICT.
Clerk/Auditor Brenda Tuttle presented the proposed FY 2018 budgets of the Emery County General Fund, Special Revenue Funds, Capital Projects Funds and Local Building Authority of Emery County. She explained that there have been many meetings to deal with balancing the budget, addressing insurance increases and decline in revenues.
Castle Valley Special Service District Director Jacob Sharp presented the proposed FY 2018 budget for Castle Valley Special Service District General Fund, Capital Project Fund, and Debt Service Fund.
(4) DISCUSS/APPROVE/DENY 2018 BUDGET.
Upon returning to the regular meeting Commissioner Kent Wilson made a motion to approve Resolution 12-19-17C adopting the FY 2018 Budget of the Emery County General Fund, Special Revenue Funds, Capital Projects Funds and Local Building Authority of Emery County. The motion was seconded by Commissioner Paul Cowley. The motion passed.
Commissioner Paul Cowley made a motion to approve Resolution 12-19-17D adopting the FY 4 COMMISSION MEETING MINUTES DECEMBER 19, 2017
2018 budgets of Castle Valley Special Service District General Fund, Capital Projects Funds, and Debt Service Funds. The motion was seconded by Commissioner Kent Wilson. The motion passed.
Commissioner made a motion to leave the regular meeting and move into a Public hearing to receive comments on proposed amendments to 11-3-8 Solar Energy System other than small- scale, building-mounted primarily for onsite use and to return to the regular meeting upon end of the public hearing. The motion was seconded by Commissioner. The motion passed.
(5) 6:30 PM PUBLIC HEARING TO TAKE PUBLIC COMMENT ON PROPOSED AMENDMENTS TO 11-3-8 SOLAR ENERGY SYSTEMS OTHER THAN SMALL-SCALE, BUILDING-MOUNTED PRIMARILY FOR ONSITE USE.
Planning & Zoning Director Jeff Guymon reviewed amendments to 11-3-8 to Article XI of the Emery County Ordinance/Code regarding Solar Energy Systems other than small-scale, building- mounted for Onsite Use. The purpose is to promote the accommodation of solar energy systems and associated equipment within the County, which are not small-scale solar systems under, or otherwise do not qualify for Level I permitting for any reasons set forth in, Section 11-2-4 of the Article, such as being freestanding or ground-mounted rather than attached to an existing building or structure, or exceeding ten kilowatts (kW) of direct current (DC) capacity if it is a solar photovoltaic energy system, or providing power for use on premises other than those on which they are erected (including delivery into the electric transmission grid, or into the electric distribution grid other than by way of net-metering or other arrangement primarily for onsite use as contemplated by Section 11-2-4 (c) (iv) of this Article). This applies to all solar energy systems that are not Small-scale solar energy systems and which are modified or installed after the effective date of this ordinance. The Planning Board is supportive of this amendment. What they like about the plan is that it protects the county. It outlines, step by step the requirements and enhances what we already have in place.
(6) DISCUSS/APPROVE/DENY AMENDMENT 11-3-8 SOLAR ENERGY SYSTEMS OTHER THAN SMALL-SCALE, BUILDING-MOUNTED PRIMARILY FOR ONSITE USE.
Upon returning to the regular meeting, Commissioner Kent Wilson made a motion to approve Amendment 11-3-8 Solar Energy Systems other than small-scale, building-mounted primarily for onsite use. The motion was seconded by Commissioner Paul Cowley. The motion passed
(7) PRESENTATION BY ERIC DIXON FOR THE STATE OF UTAH DNR, DIVISION OF WATER RESOURCES, AND BRONSON SMART OF NRCS TO UPDATE AND INFORM ON THE MILLSITE DAM REHABILITATION PROJECT. 5 COMMISSION MEETING MINUTES DECEMBER 19, 2017
Eric Dixon, NRCS, provided a photo presentation of Millsite Dam Rehabilitation Project progression. The project began in June of 2017 and is progressing on schedule. Ferron Canal and Irrigation Company President Tracy Behling reported on successfully obtaining an up to 40 year contract with PacifiCorp for water for the power plant. He added he has been impressed with Staker and Parson’s/Nielson Construction on the project. NRCS and S & P have been good to work with.
(8) UPDATE ON THE COTTONWOOD CREEK EMERGENCY WATERSHED PROTECTION PROJECT.
Howard Tuttle, Johansen & Tuttle Engineering provided a photo presentation of the progression of work on the Cottonwood Creek Emergency Watershed Protection Project.
(9) OPEN, REVIEW AND POSSIBLE AWARD OF SEALED EVENT COORDINATOR PROPOSALS.
There was one proposal from Amanda Leonard. Commissioner Kent Wilson made a motion to review the proposal and award the bid based on Amanda meeting the required specifications that the County requested. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(10) RATIFICATION OF LETTER TO THE FOREST SERVICE REGARDING THE CANYONS PROJECT.
Public Lands Director Ray Peterson reviewed a letter to the Forest Service regarding the Canyons Project. He indicated that comments regarding the Canyons Project was date specific for November 30, 2017 and asked that the letter be ratified. The letter states that the County agrees with the premise of the project including the detailed Current Condition and Purpose and need for action described in the stakeholder letter dated 11/07/2017. Emery County residents and officials have been outspoken in advocating for the very type of project that is being proposed. Watershed health is the highest priority for management of Forest lands within the county and our neighboring counties to the west. It appears that this project will address our great concerns for this vital resource. Commissioner Paul Cowley made a motion to ratify the signing of a letter to the Forest Service regarding the Canyons Project. The motion was seconded by Commissioner Kent Wilson. The motion passed.
(11) RATIFICATION OF TEMPORARY CONTRACT EXTENSION FOR THE EMERY COUNTY EVENT COORDINATOR. 6 COMMISSION MEETING MINUTES DECEMBER 19, 2017
There was a need to extend the contract for Amanda Leonard as Event Coordinator until a new contract has been approved. Commissioner Paul Cowley made a motion to ratify the approval of a temporary contract extension for the Emery County Event Coordinator. The motion was seconded by Commissioner Kent Wilson. The motion passed.
(12) DISCUSS/APPROVE/DENY SIGNING OF SUBSIDENCE AND SURFACE USE AGREEMENT FOR BRONCO MINING.
David Smaldone, Bronco Mining and Mining Engineer Manager, Seth McCourt came before the Board of Commissioners to present progress information and some background on how the mine was obtained. Seth McCourt provided a brief history of the mine and photos of operations. Mr. Smaldone indicated that Bronco Mining has been working with Attorney Mike Olsen and Commissioner Lynn Sitterud to draft a Subsidence and Surface Use Agreement for Bronco Mining. Attorney Mike Olsen recommended the language in the document be added to the release of damages section of the document. Currently language indicates harmless goes one way, Mr. Olsen requested a change in the language to include a mutual agreement so that we hold each other harmless. Commissioner Kent Wilson made a motion to approve the Subsidence and Surface Use Agreement for Bronco Mining as drafted after we add language that Bronco Mining will hold Emery County harmless for their activities under the contract. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(13) DISCUSS/APPROVE/DENY CHANGE ORDER #1 FOR THE HUNTINGTON CANYON SOUTH DEBRIS BASIN IMPROVEMENT PROJECT, 2017.
Howard Tuttle presented Change Order #1 for the Huntington Canyon South Debris Basin Improvement Project, 2017. The contractor is Perco Rock. The original contract amount is $164,435.00. He explained that the CO is an increase to the project of $5,704.00. The new contract amount is $170,139.00. This closes out the project. Commissioner Kent Wilson made a motion to approve CO #1 for the Huntington Canyon South Debris Basin Improvement Project, 2017. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(14) DISCUSS/APPROVE/DENY CHANGE ORDER # 2 FOR THE ADOBE WASH SEDIMENT BASIN PROJECT.
Howard Tuttle presented Change Order #2 for Adobe Wash Sediment Basin Project 2017. The contractor is Feller Enterprise. The original contract amount is $1,307,355.00. The CO is an increase to the project in the amount of $111,902.00. The new contract amount is $1,592,395.40. This cleans up the project and closes it out. Commissioner Kent Wilson made a 7 COMMISSION MEETING MINUTES DECEMBER 19, 2017 motion to approve CO#2 for Adobe Wash Sediment Basin Project. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(15) DISCUSS/APPROVE/DENY CHANGE ORDER #1 FOR THE ORANGEVILLE FLOOD CONTROL PROJECT.
Howard Tuttle presented CO #1 for the Orangeville Flood Control Project. The contractor is Feller Enterprise. The original contract amount is $287,704.00. The CO is an increase to the project in the amount of $22,071.00. This is for items added to the project after the project was bid out. The new contract amount is $309,775.00. Commissioner Paul Cowley made a motion to approve CO#1 for the Orangeville Flood Control Project. The motion was seconded by Commissioner Kent Wilson. The motion passed.
(16) DISCUSS/APPROVE/DENY SPONSORING MEDICATION DROP BOX AT WINN’S PHARMACY.
Weston Winn, Winn’s Pharmacy requested the County be a pass through for a grant to be a secure place to dispose of unused drugs. Weston indicated that he had to receive clearance through the DEA to be a disposal facility. He indicated that he is very aware of the drug epidemic facing our communities and felt that he would like to do his part to help fix the situation in some way. To house the medication drop box at the pharmacy he had to pass strict DEA requirements. He indicated that he is hoping to keep the grant funds coming to fund the program which cost $400.00 to send the box to a secure waste facility. The box takes approximately 6 months to fill up. Commissioner Kent Wilson made a motion to approve sponsoring a medication drop box at Winn’s Pharmacy. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(17) DISCUSS/APPROVE/DENY BUSINESS LICENSE FOR R & R MAINTENANCE.
Commissioner Kent Wilson made a motion to approve a business license for R & R Maintenance. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(18) DISCUSS/APPROVE/DENY COMMISSION ADJUSTMENT ON PARCEL #01-0249-0009 FOR JAMES WOOD. 8 COMMISSION MEETING MINUTES DECEMBER 19, 2017
Assessor, Kris Bell explained that the residence on parcel #01-0249-0009 owned by Mr. Woods was being tax as a secondary residence. Mr. Woods moved into this residence in 2017. The Assessor’s office was not aware of the change. The change is to move the home from secondary to the primary residence. The previous tax dollars was $ 571.62, the new tax dollars is $314.39. this is a tax difference of $257.23. Commissioner Paul Cowley made a motion to approve a Commission Adjustment on Parcel #01-0249-0009 for James Wood. The motion was seconded by Commissioner Kent Wilson. The motion passed.
(19) DISCUSS/APPROVE/DENY 2018 MEETING SCHEDULE.
Brenda Tuttle presented the following 2018 Commission Meeting Schedule for approval: January 2, 2018 3:00 p.m. January 16, 2018 3:00 p.m.
February 6, 2018 3:00 p.m. February 20, 2018 3:00 p.m.
March 6, 2018 3:00 p.m. March 20, 2018 3:00 p.m.
April 3, 2018 3:00 p.m. April 17, 2018 3:00 p.m.
May 1, 2018 3:00 p.m. May 15, 2018 3:00 p.m.
June 5, 2018 3:00 p.m. June 19, 2018 3:00 p.m.
July 3, 2018 3:00 p.m. July 17, 2018 3:00 p.m.
August 7, 2018 3:00 p.m. August 21, 2018 3:00 p.m.
September 4, 2018 3:00 p.m. September 18, 2018 3:00 p.m.
October 2, 2018 3:00 p.m. October 16, 2018 3:00 p.m.
November 6, 2018 3:00 p.m. November 20, 2018 3:00 p.m.
December 18, 2018 5:00 p.m. 9 COMMISSION MEETING MINUTES DECEMBER 19, 2017
(20) DISCUSS/APPROVE/DENY 2018 HOLIDAY SCHEDULE
Brenda Tuttle presented the following FY 2018 Holiday Schedule for approval: New Year’s Day Monday 01-01-18
Human Rights Day Monday 01-15-18
President’s Day Monday 02-19-18
Memorial Day Monday 05-28-18
Independence Day Wednesday 07-04-18
Pioneer Day Tuesday 07-24-18
Labor Day Monday 09-03-18
Veterans Day Monday 11-12-18
Thanksgiving Day Thursday 11-22-18 Thanksgiving Day Friday 11-23-18
Christmas Eve Monday 12-24-18 Christmas Day Tuesday 12-25-18
New’s Years Eve Monday 12-31-18
(21) DISCUSS/APPROVE/DENY COOPERATIVE AGREEMENT BETWEEN THE UTAH DIVISION OF FORESTRY, FIRE AND STATE LANDS AND EMERY COUNTY.
Brenda explained that this is the Wildland Fire Budget request for $21, 256.00 for 2018. Commissioner Paul Cowley made a motion to approve Cooperative Agreement between the Utah Division of Forestry, Fire, and State Lands and Emery County. The motion was seconded by Commissioner Kent Wilson. The motion passed.
(22) DISCUSS/APPROVE/DENY CONTRACT WITH RANDY JOHNSON, 10 COMMISSION MEETING MINUTES DECEMBER 19, 2017
GOVERNMENT MATTERS, LLC.
Attorney Mike Olsen indicated that while reviewing the contract he noticed that there was a clause in the previous contract that provided for Mr. Johnson to report to the Commissioner on a timely manner any legislative activity whether it is federal legislation or state legislation that may affect the county. Commissioner Paul Cowley made a motion to accept the contract with Randy Johnson, Government Matters, LLC. with the wording correction regarding reporting in a timely manner added to the document. The motion was seconded by Commissioner Kent Wilson. The motion passed.
(23) DISCUSS/APPROVE/DENY SIGNING OF THE UTAH OUTDOOR RECREATION GRANT CONTRACT FOR FUNDING AWARDED.
Jordan Leonard reported that the Travel Bureau applied for a grant to sign the lower San Rafael area. The grant is for $10,000.00 through the state. The Travel Bureau will be responsible for $5,000.00 of which half can be in-kind through labor. Commissioner Paul Cowley made a motion to approve accepting the grant award. The motion was seconded by Commissioner Kent Wilson. The motion passed.
(24) DISCUSS/APPROVE/DENY RESCINDING OF THE RESOLUTION TO WITHDRAW FROM SEUHD.
Brayden Bradford, Director of SEUHD reported that it has been an eventful year for the Health District. Over the last month and a half they have seen a lot more stability and have done a lot of good things. As you are aware Carbon County passed a resolution to withdraw from the Health District and the Interlocal Agreement under which they operate. Last week they rescinded that action. He asked that Emery County do the same. It is understood that there are certain aspects of the current agreement that need to be addressed. it was his suggestion that any aspects of the agreement be given to Commissioner Kent Wilson as a member of the board to flesh out in their board meetings. Commissioner Wilson indicated that it has been a journey and is happy with the way things have worked out. He stated he looks forward to moving forward and working with the Health District. Attorney Mike Olsen suggested that the first agreement was not being followed anyway. Look at the current agreement and not make sweeping changes, just follow the original agreement. Lets take it slow. Commissioner Paul Cowley made a motion to rescind Resolution 9-28-17, notice of intent to withdraw from SEUHD. The motion was seconded by Commissioner Kent Wilson. The motion passed.
(25) DISCUSS/APPROVE/DENY THE MOU FROM SEUHD MODIFYING THE 11 COMMISSION MEETING MINUTES DECEMBER 19, 2017
INTERLOCAL AGREEMENT THAT FORMS THE SEUHD.
Commissioner Kent Wilson made a motion to approve an MOU from SEUHD Modifying the Interlocal Agreement that forms the SEUHD. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(26) DISCUSS/APPROVE/DENY THE 2018 WORKERS COMPENSATION PREMIUM OF $88,340 WITH THE UTAH LOCAL GOVERNMENTS TRUST.
Mary Huntington requested approval for the 2018 Workers Compensation Premium of $88,340.00 with the Utah Local Governments Trust. This is an increase over the previous year. Commissioner Kent Wilson made a motion to approve the 2018 Workers Compensation premium of $88,340.00 with the Utah Local Government Trust. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(27) DISCUSS/APPROVE/DENY RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF A SEVENTH AMENDED INTERLOCAL COOPERATION AGREEMENT WITH OTHER MEMBERS OF UTAH COUNTIES INDEMNITY POOL, RELATING TO THE ESTABLISHMENT, FUNDING AND OPERATION OF UTAH COUNTIES INDEMNITY POOL.
Mary presented Resolution 12-19-17 E a Resolution approving and authorizing the execution of a seventh amended interlocal cooperation agreement with other members of Utah Counties Indemnity Pool, relating to the establishment, funding and operation of Utah Counties Indemnity Pool. She explained that if you opt out of the pool you will no longer have coverage on open claims. You would have to buy gap insurance. Her recommendation was to adopt the resolution and do not leave UCIP. Commissioner Kent Wilson made a motion to adopt Resolution 12-19-17E as presented. The motion was seconded by Commissioner Paul Cowley. The motion passed.
(28) DISCUSS/APPROVE/DENY RESOLUTION APPROVING PARTICIPATION OF THE EMERY COUNTY MUNICIPAL BUILDING AUTHORITY IN THE UTAH COUNTIES INDEMNITY POOL AS A SEPARATE COUNTY RELATED ENTITY MEMBER.
Mary explained that up until now the LBA has been covered under the County’s plan. LBA now has to break out and be a separate entity and the county as a participating member county will sponsor the LBA. The county’s premium will be reduced by the amount of the LBA’s premium and they will pay their own premium. Resolution 12-19- 12 COMMISSION MEETING MINUTES DECEMBER 19, 2017
17F approves participation of the Local Building Authority of Emery County in the Utah Counties Indemnity Pool as a separate county related entity member. Commissioner Paul Cowley made motion to adopt Resolution 12-19-17F as presented. The motion was seconded by Commissioner Kent Wilson. The motion passed.
(29) DISCUSS/APPROVE/DENY ISSUING A REQUEST FOR PROPOSAL FOR PUBLIC DEFENDER SERVICES TO PROVIDE INDIGENT PUBLIC DEFENSE.
Current Public Defender David Allred has informed the County that he is retiring as Public Defender. Attorney Mike Olsen indicated that Mr. Allred has been the Public Defender for many years. Emery County owes Mr. Allred a debt of Gratitude for his years of exceptional service to its citizens and the courts. Commissioner Paul Cowley made a motion to approve issuing a request for proposal for Public Defender services to provide indigent public defense. The motion was seconded by Commissioner Kent Wilson. The motion passed.
(30) DISCUSS/APPROVE/DENY CONTRACT WITH JN AUTO, LLC FOR THE WIDENING OF THE PARKING LOT AND ROADWAY AT THE HUNTINGTON BALL COMPLEX.
In a previous Commission Meeting bids were accepted for widening of the parking lot and roadway at the Huntington Ball Complex. There was one bid for the project from JN Auto, LLC. The bid indicated that he would do the job for no cost in exchange for taking the fill dirt from the project. Commissioner Paul Cowley made a motion to approve a contract with JN Auto, LLC for the widening of the parking lot and roadway at the Huntington Ball Complex. The motion was seconded by Commissioner Kent Wilson. The motion passed.
Bids were received in the Clerk/Auditor’s Office for in response to an advertisement for contractors to take the scrap metal at the landfill. There was 1 bid received from Basin industries for $58.00 per ton.
(31) COMMISSION/ELECTED OFFICIALS REPORT.
No reports
(32) 13 COMMISSION MEETING MINUTES DECEMBER 19, 2017
ADJOURN
The meeting was adjourned.
ATTEST: COMMISSIONER: 14 COMMISSION MEETING MINUTES DECEMBER 19, 2017 15 COMMISSION MEETING MINUTES DECEMBER 19, 2017 16 COMMISSION MEETING MINUTES DECEMBER 19, 2017 17 COMMISSION MEETING MINUTES DECEMBER 19, 2017 18 COMMISSION MEETING MINUTES DECEMBER 19, 2017 19 COMMISSION MEETING MINUTES DECEMBER 19, 2017