COMMISSION MEETING MINUTES

May 24, 2011

            The Board of Davis County Commissioners met in room 236 of the Davis County

Courthouse, Farmington, Utah on May 24 at 10:00 a.m.  Members present were Chairman Louenda H. Downs, Commissioner P. Bret Millburn, Commissioner John Petroff, Jr., Clerk/Auditor Steve S. Rawlings, Chief Deputy Civil Attorney Neal Geddes, and Deputy Clerk/Auditor Linda May.

            Linda May, Davis County Commission Office, led the Pledge of Allegiance.  All were invited to stand and join in.

Notice of Award to ACME Construction for Clinton Drain Upgrade Project

            Kirk Schmalz, Davis County Public Works Director, presented the Notice of Award for ACME Construction for Clinton Drain Upgrade Project.  They were the successful bidder and it is awarded in the amount of $991,844.17.   Commissioner Petroff made a motion to approve.  Commissioner Millburn seconded the motion.  All voted aye.  Document on file in the office of the Davis County Clerk/Auditor.

            Kirk Schmalz gave a brief report.  Farmington Creek has caused some run-off problems near the fairgrounds.  Rain events are posing more problems with the ground saturation.  The west side of the county and right now specifically Clinton City areas are experiencing some problems with ground water.  Rudd Canyon has had a slide due to ground saturation.  Commissioner Millburn stated that when it stops raining and gets warm, we will have another problem with the grass and possible fire hazards.

Agreement #2011-130 DigiON24, Inc. Software Training

            Mark Langston, Davis County Information Systems Director, presented agreement #2011-130 with DigiON24, Inc.  It is a 90 day software training agreement in which DigiON24 will provide telephone and/or online training sessions for C5 Cardfive Professional.  It is a payable of $395.00.  Commissioner Millburn made a motion to approve.  Commissioner Petroff seconded the motion.  All voted aye.  Document on file in the office of the Davis County Clerk/Auditor.

            Megan Hatch, Davis County Legacy Events Fair Coordinator, presented the following two agreements: 

Agreement #2011-131 Creative Artists Agency  for Performer Tyler Hilton

            Agreement #2011-131 with Creative Artists Agency.  This is a performance agreement to have Tyler Hilton perform on Friday, August 19^th at the Davis County Fair.  Tyler Hilton is a great musician, who has also appeared in several films and TV shows.  He has played Elvis in the 2005 film, “Walk the Line”.  He will play a 45 minute acoustic set for the audience.  It is a payable of $2,500.00.  This will be a fun addition to the fair and will be free for those attending.  Commissioner Petroff made a motion to approve.  Commissioner Millburn seconded the motion.  All voted aye.  Document on file in the office of the Davis County Clerk/Auditor.

Agreement #2011-132 for101.5 The Eagle to do Ads for Fair

            Agreement #2011-132 with 101.5 The Eagle.  This is a sponsor agreement with the radio station.  They are the presenting sponsor of the 3^rd Annual Davis County’s Got Talent.  It is a trade for marketing benefits.  With the outlined radio advertisements, 101.5 The Eagle will receive banner placement and free rodeo tickets.  Commissioner Petroff made a motion to approve.  Commissioner Millburn seconded the motion.  All voted aye.  Document on file in the office of the Davis County Clerk/Auditor.

Agreement #2011-133 UT Surplus Property Compliance Standards

            Kevin Fielding, Davis County Sheriff’s Office, presented agreement #2011-133 with State of Utah Surplus Property.  The Plans, Policies and Procedures for the State of Utah 1033 Program must be reviewed and signed off by the governing authority.  The purpose of the document is to set forth the terms and conditions which will be binding on the parties to have access to Department of Defense personal property.  Commissioner Millburn made a motion for the Chairman to sign.  Commissioner Petroff seconded the motion.  All voted aye.  Document on file in the office of the Davis County Clerk Auditor.

Application #2011-134 Farmington City for a Conditional Use & Site Development for Soccer Fields and Buildings

            Tony Thompson, Davis County Planning Office, presented application #2011-134 with Farmington City.  The request is to ratify a Conditional Use and Site Development application to Farmington City Planning Commission.  The application is for review of the proposed 4 soccer sports fields and a maintenance building with additional public restrooms, also a proposed storage building at the Sheriff’s Office Justice Center.  The application was due on May 16, 2011 in order to be placed on the Planning Commission agenda.  Commissioner Petroff was available and signed the application on May 16.  It is a payable of $200.00.  Commissioner Millburn made a motion to ratify the application.  Commissioner Petroff seconded the motion.  All voted aye.  Document on file in the office of the Davis County Clerk/Auditor.

Agreement #2011-135 United States EPA for Access to Property to Mitigate Plume

            Tony Thompson also presented agreement #2011-135 with the United States Environmental Protection Agency along with an agreement for access to the property tax ID 06-034-0070 and #06-034-0071.  EPA’s studies at the Bountiful/Woods Cross 5^th South PCE plume site located in Bountiful, West Bountiful, and Woods Cross, Utah have determined that a tetrachloroethylene (PCE) contaminated groundwater plume (PCE plume) from past dry cleaning operations at 344 South 500 West in Bountiful and extends from the source west under the Holly Refinery property to beyond 1100 West Street in West Bountiful and then under Davis County’s property (tax ID 06-034-0070 and 06-034-0071) at approximately 35 North 1100 West, West Bountiful, Utah.

            The EPA has installed a ground water collection and filtering system to clean up this plume.  The State of Utah has claims on the water that is extracted and has required the EPA to discharge the water back into the Legacy Preserve to the west.  To do this the EPA has crossed the properties with a buried discharge line to a point of discharge into the A1-A5 drain to the west of the properties; the A1-A5 drain will transport the water to the Legacy preserve.  The parties involved agree not to sue and the EPA has 50 years to accomplish.  There is no cost to the county for the cleanup as it is a superfund project.  Commissioner Millburn asked Dave Spence, Davis County Environmental Health, about the plume.  He said, “The plume is moving and this seems the best way to do it by having the EPA come in.  Commissioner Petroff made a motion to approve.  Commissioner Millburn seconded the motion.  All voted aye.  Document on file in the office of the Davis County Clerk/Auditor.

Agreement #2011-136 Cementworks Concrete Construction LLC for Concrete work at Bountiful Library

            Luke Love, Davis County Facilities Management, agreement #2011-136 with Cementworks Concrete Construction LLC.  The company will provide labor and materials to demolish and install 60 lineal feet of sidewalk, curb and gutter, remove balusters and install drain pipe under the sidewalk and into the face of the curb at the Bountiful Library.  This with help with the concrete by the book drop. It is a payable of $4,075.00.    Commissioner Millburn made a motion to approve.  Commissioner Petroff seconded the motion.  All voted aye.  Document on file in the office of the Davis County Clerk/Auditor.

Change Order #2010-311J Mechanical Services Systems for HVAC ATC at Clearfield Library

            Marshall Scott, Davis County Facilities Management Director, presented change order #2010-311J with Mechanical Service Systems.  It is for the Clearfield Library to change 3 three-way valves for the HVAC ATC upgrades.  It is a payable of $2,246.00.  Commissioner Petroff made a motion to approve.  Commissioner Millburn seconded the motion.  All voted aye.  Document on file in the office of the Davis County Clerk/Auditor.

Summary List #2011-137 for Internet Connections

            Summary list #2011-137 for internet connection users to obtain recorder office documents was presented for the following:

            North American Title, LLC                                          DV Brammer & Assoc.

            Froerer & Miles, PC                                                     Kirton & McConkie

            The Buyer’s Broker Realty                                          Wasatch Advocates LLC                    

            Rock Winchester Allen – Counselor at Law               

            Syn Ex, LLC

            Great Basin Engineering – South

            Users with a waived subscription fee:

            Office of Recovery Services                           Clearfield City

            Bountiful City                                                  Woods Cross City

            Utah Department of Transportation                 West Bountiful City

Commissioner Millburn made a motion to approve.  Commissioner Petroff seconded the motion.  All voted aye.  Document on file in the office of the Davis County Clerk/Auditor.

Summary List #2011-138 Rental of Legacy Events Center Facilities

            Summary list #2011-138 for rental agreements Davis County Legacy Events facilities was presented  for the following:

            Silvie Stevenson                                  Shumway Family Youth Conference

            Utah Arabian Horse Club                    Obedience Dog Training

            Arellano Quinceanera                          Salt Lake Terrier Association

            King Winter Ride                                 Harmon’s

            Track, Train, Run                                Canyonlands Canine Association

            Snow Basin Ski Education Foundation            BLM Wild Horse & Burro Adoption

            Inglesia Apostolica De La Fe En                      Ivy Performance Academy

            Dog House Group                                Hmong Association

            Jill Atkinson                                        Utah Bully Explosion

            Kirkland Winter Ride                           Quinceanera Hernandez

            Adventure Home Stays Aboard                       Davis County Clipper

            American Martial Arts                         Australian Shepherd Club

            Rocketeers Square Dance                    Edie Practise

            Davis County Sheriff Posse                 Wasatch American Eskimo Dog

            Stall Rentals

            Sean Cooreman                                               Norman Whitaker

            Haley Anderson                                               Astorea Bombardier

            Del Jensen                                           Brandi Cordova

            Peggy Flint                                           Robert Southern

            Jeff Wadman                                       Lorraine Adolf

Commissioner Petroff made a motion to approve.  Commissioner Millburn seconded the motion.  All voted aye.  Documents on file in the office of the Davis County Clerk/Auditor.        

            Commissioner Petroff stated that last weekend and for the next while the horse related events have been cancelled due to an outbreak of equine herpes virus.  The Legacy Events Center is taking the State Veterinary advice to restrict horse events.  The source of where the virus came from has not been positively identified.  The Legacy center has been cleaned and chlorinated.  We are taking the necessary precautions.

            Steve Rawlings, Davis County Clerk/Auditor,  presented the following two budget changes:

Budget Change for DCC

            Davis Conference Center:  Increase line item 18-4192-285 DCC FFE Maintenance and Repair by $125,000; increase line item 18-4192-285 DCC Club Farenheit from FFE 18-4192-285 by $32,000.  The money is from the 18 Tourism Reserve Account.  Commissioner Petroff made a motion to approve.  Commissioner Millburn seconded the motion.  All voted aye.   Document on file in the office of the Davis County Clerk/Auditor.

Budget Change for Animal Control

            Davis County Animal Control:  Increase line item 10-3690-252 Revenue by $2,200 Increase line item 10-4253-230 Travel by $2,200.  A grant award was received from Petsmart for Animal Farm Training Conference.  Commissioner Petroff made a motion to approve.  Commissioner Millburn seconded the motion.  All voted aye.  Document on file in the office of the Davis County Clerk/Auditor.

            Commissioner Millburn made a motion to convene as the Board of Equalization.  Commissioner Petroff seconded the motion.  All voted aye.

Property Tax Register Approval

            Ross Bartholomew, Davis County Tax Administration Director, presented the property tax register.  There are 63 items (including a quit claim deed for Tax ID #10-70-0088).  Commissioner Petroff made a motion to approve.  Commissioner Millburn seconded the motion.  All voted aye. 

May Tax Sale Minutes

            Cheri Mayer, Davis County Tax Administration Office, expressed thanks to everyone who helped with the May Tax Sale.  It ran smoothly and quickly.  Minutes of the May Tax Sale meeting were given to each commissioner.  The request is to approve the minutes and Auditor’s Tax Deeds that will be recorded as reflected below.

MINUTES OF THE 2011 DAVIS COUNTY DELINQUENT PROPERTY TAX SALE

Held May 18, 2011, at 10:00 A.M. in the Davis Conference Center, 1651 North 700 West, Layton, Utah

            Commissioner Millburn made a motion to accept the May Tax Sale Meeting minutes as presented.  Commissioner Petroff seconded the motion.  All voted aye. 

            Commissioner Millburn made a motion to reconvene the regularly scheduled commission meeting.  Commissioner Petroff seconded the motion.  All voted aye.

Commission Minutes Approved

            Commissioner Millburn made a motion to approve the commission meeting minutes of May 10, 2011.  Commissioner Petroff seconded the motion.  All voted aye.

Check Registers Approved

            Check registers as prepared by the Davis County Clerk/Auditor’s Office were approved with a motion from Commissioner Petroff.  Commissioner Millburn seconded the motion.  All voted aye.  Documents on file in the office of the Davis County Clerk/Auditor.

No commission comments.

No public comments.

Meeting adjourned.