BOARD OF COUNTY COMMISSIONERS, UTAH … have seen a Deputy extend a hand softly placed on the shoulder of a victim of sexual assault and speak a few whispered words of reassurance

BOARD OF COUNTY COMMISSIONERS, UTAH COUNTY, UTAH MINUTES OF PUBLIC MEETING

COMMISSION CHAMBERS, ROOM 1400 OF THE UTAH COUNTY ADMINISTRATION BUILDING

December 13, 2016 - 9:00 A.M. PRESENT: COMMISSIONER LARRY A. ELLERTSON, CHAIR COMMISSIONER WILLIAM C. LEE, VICE-CHAIR COMMISSIONER GREG GRAVES ALSO PRESENT: David Shawcroft, Civil Div. Chief Deputy Attorney Jami Barzee, Attorney’s Office Haley Christensen, Attorney’s Office Jessie Lloyd, Attorney’s Office Jamey Paynter, Attorney’s Office Robert J. Moore, Deputy Attorney Carl Hollan, Deputy Attorney Michelle Araujo, Commission Office Lisa K. Nielson, Commission Office Brian Voeks, Commission Office Robert Baxter, Utah County Purchasing Manager Bryan E. Thompson, Utah County Clerk/Auditor Scott C. Hogensen, Chief Deputy Clerk/Auditor Danene Jackson, Clerk/Auditor’s Office Vicky Westergard, Clerk/Auditor’s Office Kris Poulson, Utah County Assessor Jim Stevens, County Assessor’s Office Bryce Armstrong, Community Development Brandon Larsen, Community Development Eric Edwards, Utah County Health Department Mark Brady, County Personnel Assistant Director Jane Ivie, Personnel Office Richard Nielson, Utah County Public Works Director Jeff Smith, Utah County Recorder Andrea Allen, Utah County Recorder’s Office Gary Ratcliffe, Utah County Surveyor Ray Beckham, Surveyor’s Office Kim Jackson, Utah County Treasurer

Zach Adams, Utah County Sheriff’s Office Steve Anderson, Utah County Sheriff’s Office Dale Bench, Utah County Sheriff’s Office Alan Bennett, Utah County Sheriff’s Office Kevin Cortez, Utah County Sheriff’s Office Darin Durfey, Utah County Sheriff’s Office Mike Forshee, Utah County Sheriff’s Office Dalene Higgins, Utah County Sheriff’s Office Tom Hodgson, Utah County Sheriff’s Office Eric Knutzen, Utah County Sheriff’s Office Yvette Rice, Utah County Sheriff’s Office Sheldon Wimmer, Alpine City Mayor Steve Downs, City of Orem Steve Earl, City of Orem Alamu Araujo, Lehi Resident Brenn Bybee, Orem Resident Michael Robertson, Santaquin Resident Tim Torkildson, Provo Resident Heather Williamson, Saratoga Springs Resident Nathan Ivie, Utah County Commissioner-Elect 2017 Mark Allen, -No further information given- Hans Andersen, -No further information given- Wendi Baggaley, -No further information given- Chris Harelson, -No further information given- Brent Haymond, -No further information given- Randy Kester, -No further information given- Mike Stansfield, Fairways Media Katie England, The Daily Herald Renée Caron, Clerk/Auditor Administrative Assistant

Commissioner Ellertson called the meeting to order at 9:22 A.M. and welcomed those present. The following matters were discussed: PRAYER/READING/THOUGHT: Dale Bench, Utah County Sheriff’s Office PLEDGE OF ALLEGIANCE: Darin Durfey, Utah County Sheriff’s Office

PRESENTATION (Track A, 01:57)

PRESENTATION BY COMMISSIONER GREG GRAVES ON ‘BEHIND THE BADGE’

UTAH COUNTY BOARD OF COMMISSIONERS

MINUTES – December 13, 2016

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Commissioner Graves presented a video clip from local news Channel 4 ‘Good 4 Utah’ showcasing Sergeant Cole Christensen of the Utah County Sheriff’s Office [available for viewing at http://www.good4utah.com/news/local-

news/sgt-cole-christensen/614978140], and Darin Durfey of the Utah County Sheriff’s Office read the following statement from Utah County Sheriff James O. Tracy who was unable to attend the meeting today:

As Sheriff, I have had the opportunity to observe the men and women of the Utah County Sheriff’s

Office as they experience daily, through their work, the good and the evil that comes from an

increasingly more complicated and at times violent community.

Daily I witness and receive reports of the many undocumented acts of bravery and compassion

carried out by Deputies and see the physical and emotional pain they endure as they witness the

extreme acts of cruelty that one human being can inflict upon another, and equally incredible, they

observe many acts of bravery and kindness from everyday citizens helping victims and the less

fortunate of our communities.

I have witnessed Deputies comforting mothers who were crying inconsolably over the news of a

murdered child, or at a traffic accident holding an infant in their arms while rendering first aid

only to feel life it’s self leave the small crushed body despite their best efforts.

I have seen a Deputy extend a hand softly placed on the shoulder of a victim of sexual assault and

speak a few whispered words of reassurance bringing comfort and confidence to a traumatized

victim.

I have witnessed the ecstatic shouts and elated joy of a Parent as a Deputy emerged from the

woods with a reported lost child, now safely in tow.

I have been with Deputies to countless crime scenes where the smell of death was so strong that

you could taste it. I have seen the pain on a Deputy's face and the following long, cold, silence

while attempting to process the vision of a crime scene that contained sights that no human being

should ever see, then repress it all and finish out the remainder of a 12 hour shift never allowing

what was seen to affect future citizen contacts for the remainder of the day.

I have seen Deputies forge ahead with courageous hearts when the weight of unjust judgement

was heaped upon their backs as they attempted to solve the failures of society that they did not

create, but were scorned and ridiculed when their actions solved the problem, but not in the

manner acceptable to those who did create the problem and then called demanding law

enforcement action, but who have never had to step into harm’s way.

I have attended too many law enforcement funerals, including one of our own, and witnessed the

widowed wife and children grieve, feeling lost and alone, even while surrounded by a sea of

uniforms, worn by fellow Deputies, wondering if they will share a similar fate.

If you could see what I have seen, you would understand the magnitude of what these Deputies do,

day in and day out, for so many. If you could see what I have seen, you too would be proud of

these admittedly flawed, yet extraordinary human beings who give so much, and endure so much,

to protect and serve the innocent and defenseless in our communities.

Despite all the above, the Deputies of the Utah County Sheriff’s Office feel it is an honor and

privilege to serve the citizens of Utah County and feel that any personal cost to themselves is

worth the result as they work daily to keep our County a safe place to live and raise our children.

To work alongside such dedicated people is a privilege few will ever be permitted, and I am

honored to have had that privilege. The Deputies of Utah County have earned, and deserve, our

respect and support.



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Following a photograph of the commissioners with the present members of the Sheriff’s Office, Commissioner Graves took the opportunity to immediately address a Work Session item on today’s agenda.

WORK SESSION (Track A, 12:29)

4. RECOGNITION OF THE 2016 UTAH COUNTY EMPLOYEE OF THE YEAR Cole Christensen of the Utah County Sheriff’s Office was recognized as the 2016 Employee of the Year. The Board continued with the agenda as posted.

PUBLIC HEARING

PUBLIC HEARING TO DISCUSS THE 2017 BUDGET FOR THE GENERAL FUND AND OTHER BUDGETARY FUNDS OF UTAH COUNTY AND TO CONSIDER A CHANGE IN THE EXISTING SALARIES OF THE COUNTY OFFICERS OF UTAH COUNTY, UTAH (Public Hearing set November 1, 2016) (Continued from the December 6, 2016

Commission meeting) (Track A, 14:12) Eagle Mountain City resident Wendi Baggaley asked the Board to consider changing the open public meeting time, as 9:00 A.M. on a weekday is difficult for working parents or those who homeschool. She thanked the commissioners for their public outreach in the budget process, and urged against voting for a salary increase for themselves. Ms. Baggaley talked about financial hardships in her family, stating the commission salary is sufficient and thanking them for their service. (Track A, 16:58) Saratoga Springs resident and ‘Americans for Prosperity’ Deputy Director Heather Williamson echoed the previous suggestion for a more accessible open public meeting time. She also advised against a two- or 2.5% percent COLA increase, noting the median salaries for county commissioners across the United States currently places Utah County close to the second largest area in the entire country, as well as the Utah State Governor salary. Ms. Williamson expressed the salary is high enough to encourage good candidates to run for office, and the Board should vote “no” unless there is dire need. (Track A, 20:14) Utah County resident Mark Allen (‘Protect and Preserve American Fork Canyon’) gave candy canes to the commissioners, repeating the sentiment that open public meeting times should change and joking about how early Commissioner-Elect Nathan Ivie would have to wake up to tend his horses before coming in to the office. Mr. Allen noted there is a pay disparity in Utah County and many facing financial challenges; he stated if there must be an increase in salary, it should be for those at the bottom of the scale. He also questioned whether cost-of-living adjustments truly match the market when vehicle fuel prices are dropping. Mr. Allen quoted salaries of elected officials, and suggested additional funds would be better used towards cameras in the county meeting rooms and soil and water testing. He noted the Utah County Sheriff’s Office deputies are highly appreciated, and are also not paid enough. (Track A, 24:05) Utah County Commissioner-Elect Nathan Ivie came forward to express gratitude for the public involvement in the budget process this year. Mr. Ivie stated he was aware of the pay for the position when signing up for the job, and is comfortable with that amount for the next four years. He suggested the county employees be made a priority over the elected officials; good staff is needed to continue delivering good product to the citizens. Mr. Ivie talked about upcoming infrastructure challenges and needing to minimize the financial burden on county residents.



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There being no further comment, Commissioner Ellertson closed the Public Hearing.

CONSENT AGENDA (Track A, 28:35)

1. APPROVE AND AUTHORIZE THE COMMISSION CHAIR TO SIGN AN AUTHORIZATION FOR

ADDITIONAL SERVICES PURSUANT TO AGREEMENT NO. 2013-541 FOR ARCHITECTURAL SERVICES WITH GSBS ARCHITECTS

At Commissioner Ellertson’s and Lee’s requests, Utah County Public Works Director Richard Nielson explained that the authorization includes the cost of calculating an estimate for the needed repairs addressing a wall which the engineer believed was thicker; the true width was not made clear until the space became accessible. The anticipated additional cost, based on the estimate, is between $125,000 and $150,000. 2. APPROVE REQUESTED EXEMPTIONS ON LIST DATED DECEMBER 6, 2016, APPLIED FOR

BY TAXPAYERS, FOR PAYMENT OF TAXES WHERE THE MARKET VALUE OF EQUIPMENT WAS LESS THAN $10,300 AS PROVIDED BY THE UTAH STATE LEGISLATURE FOR 2016

3. APPROVE TAX CREDITS AND REFUNDS RECOMMENDED BY THE COUNTY TREASURER'S

OFFICE IN CANCELLATION LETTER NO. 20374, DATED DECEMBER 7, 2016 4. ADOPT A RESOLUTION REAPPOINTING JAMES A. DAIN TO THE UTAH COUNTY BOARD

OF ADJUSTMENT 5. ADOPT A RESOLUTION REAPPOINTING THOMAS LIDDLE TO THE UTAH COUNTY

PLANNING COMMISSION 6. APPROVE PROPERTY TAX ACTIONS CONTAINED IN RECOMMENDATION LETTER NO.

2016-22 (Continued from the November 8 and 22, 2016 Commission meetings) The commissioners requested Consent Agenda Item No. 6 be continued to the next meeting of the Board. CONTINUED TO DECEMBER 20, 2016 7. APPROVE PROPERTY TAX ACTIONS CONTAINED IN RECOMMENDATION LETTER NO.

2016-6 (ABATEMENTS) (Continued from the November 22 and 29, 2016 Commission meetings) 8. ADOPT A RESOLUTION APPROVING VOLUNTEERS WHO WISH TO DONATE THEIR

SERVICES TO UTAH COUNTY 9. RATIFICATION OF PAYROLL FOR PAY PERIOD 25 10. RATIFICATION OF WARRANT REGISTER SUMMARY FOR DECEMBER 13, 2016 Consent Agenda Item Nos. 1 through 5, and 7 through 10, were approved as written. Commissioner Ellertson recommended the following Regular Agenda items be moved to Consent: 1. APPROVE THE MINUTES OF THE NOVEMBER 1, 2016 COMMISSION MEETING 2. APPROVE THE MINUTES OF THE NOVEMBER 8, 2016 COMMISSION MEETING 5. APPROVE THE COMMISSION CHAIR TO SIGN THE UNIVERSAL ADMINISTRATIVE

SERVICES AGREEMENT AMERICAN BENEFITS GROUP DOCUMENT PERTAINING TO THE FSA ACCOUNTS FOR 2017



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9. APPROVE AND AUTHORIZE THE COMMISSION CHAIR TO SIGN AMENDMENT NO. 3 TO AGREEMENT NO. 2014-654 WITH THE UTAH DEPARTMENT OF HEALTH REGARDING REDUCED FEDERAL FUNDING FOR THE WIC PROGRAM

The Board requested Regular Agenda Item No. 9 be stricken from the agenda. STRICKEN 11. APPROVE AND AUTHORIZE ADDENDUM NO. 2 TO AGREEMENT NO. 2011-282 (PEOPLE

TRAIL, LLC) TO EXTEND THE TERMINATION DATE TO DECEMBER 31, 2018 13. APPROVE AND AUTHORIZE AN AGREEMENT BETWEEN UTAH COUNTY AND BARTON H.

KUNZ FOR LEGAL SERVICES 14. APPROVE AND AUTHORIZE THE COMMISSION CHAIR TO SIGN A LETTER TO AMERICAN

FORK CITY REGARDING MITCHELL FARMS ANNEXATION, PLAT ‘A’, INTO AMERICAN FORK CITY

17. ADOPT ANNUAL NOTICE OF REGULAR MEETING SCHEDULE OF THE BOARD OF COUNTY

COMMISSIONERS OF UTAH COUNTY, UTAH FOR THE YEAR 2017 Commissioner Lee noted the meeting schedule could be changed later in the year. Commissioner Ellertson noted members of the public generally did not attend previously scheduled evening meetings, but mentioned the need can be re-addressed. 18. RATIFY THE SIGNATURE OF THE COMMISSION CHAIR ON THE NOTICE SETTING A

DATE, TIME AND LOCATION FOR A PUBLIC HEARING TO DISCUSS AMENDING AND INCREASING THE 2016 UTAH COUNTY BUDGET IN THE COUNTY’S GENERAL FUND AND VARIOUS OTHER BUDGETARY FUNDS; SUGGESTED DATE: TUESDAY, DECEMBER 20, 2016 AT 9:00 AM IN ROOM 1400 OF THE COUNTY ADMINISTRATION BUILDING, 100 EAST CENTER, PROVO, UTAH

ACTIONS TAKEN

Consent Agenda Item Nos. 1 through 5 and 7 through 10 were approved, authorized, adopted and ratified; No. 6 was continued to the December 20, 2016 meeting of the Board. Regular Agenda Item Nos. 1, 2, 5, 11, 13, 14, 17 and 18 were approved, authorized, ratified, and adopted; and No. 9 was stricken from the agenda.

AGREEMENT NOS.: 2016-846 through 2016-854 RESOLUTION NOS.: 2016-131, 2016-132 and 2016-133

REGULAR AGENDA 3. AUTHORIZE A CHANGE TO THE UTAH COUNTY SHERIFF’S OFFICE STAFFING PLAN TO

UPGRADE A CAREER SERVICE HALF-TIME PHYSICIAN ASSISTANT – CORRECTIONS HEALTH SERVICES POSITION TO A FULL-TIME CAREER SERVICE POSITION [CHANGE THE FTE POSITION SUPPORT SRV 069 FROM .50 TO 1]

(Track A, 37:05) Utah County Clerk/Auditor Bryan E. Thompson mentioned this staffing plan change for the Utah County Sheriff’s Office was not included in the proposed 2017 Budget as of last week, on December 6, 2016. Commissioner Graves explained the need to upgrade as an overall cost savings concerning liability and exposure, and Commissioner Ellertson asked whether it can be funded in the 2017 Budget. Chief Darin Durfey of the Utah County Sheriff’s Office stated that is the intention, and Mark Brady of the Utah County Personnel Office clarified a step range adjustment. Commissioner Lee reiterated this change would be encompassed in the 2017 Budget, and Chief Durfey confirmed.



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Commissioner Graves made the motion to authorize a change to the Utah County Sheriff’s Office Staffing Plan as detailed in Regular Agenda Item No. 3. The motion was seconded by Commissioner Lee and carried with the following vote:

AYE: Larry A. Ellertson Greg Graves William C. Lee NAY: None AUTHORIZED 4. APPROVE AND AUTHORIZE THE COMMISSION CHAIR TO EXECUTE AN AMENDMENT TO

THE ADMINISTRATIVE SERVICES AGREEMENT NO. 2011-802 WITH PRUDENTIAL RETIREMENT FOR THE PLAN CRITERIA GUIDELINES AND OUTSOURCING SERVICES TO THE 401(K) PLAN

(Track A, 40:54) When Mark Brady of the Utah County Personnel Office explained the county is fully set up for employees to opt-out, Commissioner Graves countered it would be easier for the employees to opt-in at their choosing rather than be forced to opt-out annually. Commissioner Graves stated that while it makes financial sense to help employees save money for retirement, he is opposed to forcing an opt-out; a person should not have to keep repeating actions annually when all other information stays the same. Commissioner Lee expressed concern with the idea that employees would not notice if larger contributions were made to their 401(K) plans, and Mr. Brady corrected that the gradual increase is to minimize negative financial impact. Commissioner Graves pointed out productivity decreases when employees are spending their time complaining to his office or the Personnel Office because of these issues. Utah County Deputy Attorney Robert J. Moore suggested the Board continue discussion for one week so that he and Mr. Brady could research an opt-in option. When Mr. Moore mentioned employees would need to be re-trained based on information given during county-wide benefits meetings the prior month, Commissioner Graves retorted those options should not have been presented as factual before the Board could make their decision.

Commissioner Lee made the motion to continue Regular Agenda Item No. 4 regarding the amendment to an Administrative Services Agreement with Prudential Retirement for one week to the December 20, 2016 meeting of the Utah County Board of Commissioners. The motion was seconded by Commissioner Graves and carried with the following vote:

AYE: Larry A. Ellertson Greg Graves William C. Lee NAY: None CONTINUED TO DECEMBER 20, 2016 6. APPROVE AND AUTHORIZE AN AGREEMENT WITH SOLTIS INVESTMENT ADVISORS,

LLC, TO CONDUCT AN INDEPENDENT AUDIT AND ANALYSIS OF UTAH COUNTY RETIREMENT BENEFITS (Continued from the November 1 and 8, 2016 Commission meetings)

(Track A, 48:10) Utah County Deputy Attorney Robert J. Moore explained Soltis Investment Advisors, LLC had contacted him regarding an audit and analysis of the county’s benefits. He referred the company to the commissioners. Commissioner Graves noted they had tried to schedule a meeting with him, but he declined because the county follows a strict RFP (Request For Proposals) process to keep information confidential and provide an ‘even playing field’ for companies. Commissioner Lee replied it would be beneficial to treat this as a market study, wherein efficiency and best practices for the county could be determined. There may be possibility for an RFP in the future, but the county would not know what it is missing out on if the opportunity is not taken. Mr. Moore suggested the group present to the Board as a Work Session agenda item, and the commissioners were agreeable to that idea.



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Commissioner Graves made the motion to strike Regular Agenda Item No. 6 from the calendar, with the idea that Soltis Investment Advisors would be invited to a future meeting of the Board to present as part of the Work Session. The motion was seconded by Commissioner Lee and carried with the following vote:

AYE: Larry A. Ellertson Greg Graves William C. Lee NAY: None STRICKEN 7. APPROVE AND AUTHORIZE A COOPERATIVE AGREEMENT WITH THE UTAH DIVISION

OF FORESTRY, FIRE AND STATE LANDS RELATING TO WILDLAND FIRE SUPPRESSION, AND AUTHORIZE THE COUNTY FIRE WARDEN TO SIGN THE DELEGATION OF FIRE MANAGEMENT AUTHORITY AND TRANSFER OF FISCAL RESPONSIBILITY

(Track A, 58:40) Assistant Fire Warden Kevin Cortez of the Utah County Sheriff’s Office came forward with Utah Division of Forestry, Fire & State Lands Wasatch Front Area Manager Trent Bristol to discuss the financial responsibilities between the county and the state with the commissioners.

Commissioner Graves made the motion to approve and authorize the cooperative agreement with the Utah Division of Forestry, Fire and State Lands relating to Wildland Fire suppression as outlined in Regular Agenda Item No. 7. The motion was seconded by Commissioner Lee and carried with the following vote:

AYE: Larry A. Ellertson Greg Graves William C. Lee NAY: None AGREEMENT NO. 2016-855 8. APPROVE AND AUTHORIZE THE COMMISSION CHAIR TO SIGN A MEMORANDUM OF

UNDERSTANDING WITH THE UTAH DEPARTMENT OF WORKFORCE SERVICES FOR ESHARE SYSTEM USE (Continued from the December 6, 2016 Commission meeting)

(Track A, 1:11:52) Eric Edwards of the Utah County Health Department requested the commissioners continue this item for one week.

Commissioner Graves made the motion to continue Regular Agenda Item No. 8 regarding the memorandum of understanding with the Utah Department of Workforce Services for for one week to the December 20, 2016 meeting of the Utah County Board of Commissioners. The motion was seconded by Commissioner Lee and carried with the following vote:

AYE: Larry A. Ellertson Greg Graves William C. Lee NAY: None CONTINUED TO DECEMBER 20, 2016 10. ADOPT A RESOLUTION AUTHORIZING THE COMMISSION CHAIR TO SIGN AN

INTERLOCAL AGREEMENT WITH PLEASANT GROVE CITY RELATED TO CANYON ROAD (Track A, 1:12:40)



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Utah County Public Works Director Richard Nielson explained this interlocal agreement was originally set to be a collaboration with Cedar Hills City and Pleasant Grove City, but Cedar Hills has chosen not to move forward at this point. He spoke about the resources overall and contributions from the Mountainland Association of Governments (MAG). Commissioner Lee pointed out the total dollar amount of $9,359,000 specified in the contract is inaccurate if Cedar Hills is removed from the agreement, and Commissioner Graves replied the figures will likely be presented to MAG again since the scope of the project has changed.

Commissioner Graves made the motion to adopt the resolution authorizing the interlocal agreement with Pleasant Grove City as specified in Regular Agenda Item No. 10. The motion was seconded by Commissioner Lee, and discussion continued.

Commissioner Ellertson noted the city is agreeing to pay any costs that exceed the $9.3 million to the county, but the county no longer anticipates the full amount. Commissioner Graves replied the Utah Department of Transportation portion should cover the expenses, and discussed potential future amendments with his fellow Board members.

The motion carried with the following vote: AYE: Larry A. Ellertson William C. Lee Greg Graves NAY: None RESOLUTION NO. 2016-134 AGREEMENT NO. 2016-856 12. APPROVE OR DENY A REQUEST BY J. BRENT HAYMOND FOR A FINANCIAL DONATION

TO THE CRANDALL HISTORICAL PRINTING MUSEUM (Track A, 1:32:50) Commissioner Graves commented he is comfortable with a $75,000 donation for this year, but not necessarily an ongoing agreement. Commissioner Lee warned such action would be outside of the usual process. Brent Haymond, former Board President of the Springville Museum of Art, presented on the need for this asset in the community. He talked about legislative grants and private contributions keeping the museum operational and effective. Commissioner Lee expressed that his opposition should not be viewed as lack of appreciation for the museum, but fulfillment of his responsibilities for the expenditure of taxpayer funds. Mr. Haymond and the commissioners discussed the printing museum, with input from Utah County Clerk/Auditor Bryan E. Thompson, before ultimately deciding to continue this item for one week.

Commissioner Graves made the motion to continue Regular Agenda Item No. 12 regarding the request by J. Brent Haymond for a financial donation to the Crandall Historical Printing Museum for one week to the December 20, 2016 meeting of the Utah County Board of Commissioners. The motion was seconded by Commissioner Lee and carried with the following vote:

AYE: Larry A. Ellertson Greg Graves William C. Lee NAY: None CONTINUED TO DECEMBER 20, 2016 15. APPROVE AND AUTHORIZE THE COMMISSION CHAIR TO SIGN A DEVELOPMENT

AGREEMENT WITH RWJ DEVELOPMENT, LLC, RELATED TO AMENDING APPROXIMATELY 50.39 ACRES OF REAL PROPERTY IN SECTION 7, T4S R2E, ALPINE CITY AREA OF UTAH COUNTY [PER ORDINANCE NO. 2016-26 WHICH WAS APPROVED NOVEMBER 29, 2016, CONTINGENT UPON THIS AGREEMENT]

(Track A, 2:04:05)



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Utah County Deputy Attorney Robert J. Moore summarized an ordinance was adopted two weeks prior to amend the Utah County General Plan Land Use Map and the Zone Map in response to an application; the approval was granted with the contingency that the applicant would sign a development agreement. Mr. Moore noted the applicant is agreeing to build anything contained on county land to meet Alpine City specifications for eventual annexation. Commissioner Lee suggested the contract be modified to include a two-year development ‘freeze’ on the land, and Commissioner Graves stated he disagrees with that stipulation. Commissioner Graves indicated the development agreement is already placing additional unnecessary restrictions upon the applicant. Commissioner Lee stated this whole issue has arisen as a method of excluding any referendum by the citizens. Commissioner Graves replied this contract would not prohibit any referendum; since the property is considered county land, it is a county issue, and any referendum would be filed with the county.

Commissioner Graves made the motion to approve the development agreement with RWJ Development, LLC, as identified in Regular Agenda Item No. 15.

Commissioner Lee had additional comment on the matter but would not second the motion. Commissioner Ellertson waived Robert’s Rules of Order for the purpose of seconding the motion.

The motion was seconded by Commissioner Ellertson, and discussion continued.

Commissioner Lee repeated this entire situation is an attempt to thwart the system and the people of Alpine City; it is a numbers game. He thinks it would be best to delay development for two years. Commissioner Ellertson added there has been discussion with the developer about waiting a couple of years to build – though it is not included in the contract and therefore not legally binding, the intent is there.

The motion carried with the following vote: AYE: Larry A. Ellertson Greg Graves NAY: William C. Lee AGREEMENT NO. 2016-857 16. ADOPT A RESOLUTION APPROVING THE 2017 BUDGETS FOR THE GENERAL FUND AND

OTHER BUDGETARY FUNDS OF UTAH COUNTY, UTAH, AND AMENDING AND FIXING THE ANNUAL SALARIES FOR ELECTED UTAH COUNTY OFFICIALS FOR 2017 (Continued from the

December 6, 2016 Commission meeting) (Track A, 2:09:10) Utah County Clerk/Auditor Bryan E. Thompson and Commissioner Graves commented on the updated 2017 Budget schedule and additional restricted funds, referring to an email from Danene Jackson of the Utah County Clerk/Auditor’s Office. Commissioner Ellertson questioned whether an upcoming salary study would address a cost-of-living adjustment (COLA) for elected officials, and Commissioner Graves explained COLA is different from salary increases because COLA is intended to keep the value of the dollar the same. Commissioner Graves said it seems selfish to give himself a raise when he knew and accepted the terms of his position, but the other elected officials act as Department Heads and perform tremendously well in doing their work. He noted the overall cost of living has increased by eleven percent since the most recent adjustment for county employees, making two percent very minimal.

Commissioner Graves made the motion to amend and fix the annual salaries for elected Utah County Officials for 2017 to include a two-percent COLA, with the exception of the three Utah County Commissioners, as described in Regular Agenda Item No. 16. The motion died for lack of a second.

When Commissioner Lee commented on the salary study beginning by June 2017, Commissioner Graves noted a previous salary study proposed additional compensation for the ten elected official positions. Commissioner Graves stated he would be prepared to reduce salaries if a reduction is needed per the study; if an increase is needed, the



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Board would need to have that discussion. Commissioner Graves said it would be cowardly to keep prolonging this decision, repeating that salary and COLA are separate issues. The commissioners discussed how current rates, and COLA, are included in salary studies. Commissioner Lee expressed county employees should be treated differently because they are following career paths – elected officials are supposed to be time-limited public servants. He suggested the entire process for salary increases needs to be revised.

Commissioner Lee made the motion to deny amending and fixing the annual salaries for elected Utah County Officials for 2017, as described in Regular Agenda Item No. 16. The motion died for lack of a second.

(Track A, 2:23:35) In response to Commissioner Lee’s comments, Commissioner Graves reiterated a cost-of-living adjustment is not the same as a salary increase. When Commissioner Graves pointed out COLA is the proper way to run government like a business, Commissioner Lee countered government should not be run as a business. Commissioner Lee reviewed the current salaries of the elected officials, and the increases that would result from a COLA. He and Commissioner Ellertson discussed the upcoming salary study and total compensation, and Commissioner Graves pointed out that every elected official is currently managing department funds so well that a COLA increase would not even require a budget adjustment – it is already absorbed in the savings. Commissioner Ellertson asked whether Commissioner Lee intends to include elected officials in the salary study, and Commissioner Lee replied he would have to consider the options. Commissioner Graves urged the Board not to delay making decisions. He pointed out potential tax increases may need to be discussed because of previous Commissions delaying decisions and planning inefficiently; it will fall upon this Board to correct those issues. Commissioner Ellertson noted for the record that when he originally ran for this office and was asked directly whether or not he would raise taxes, his answer had been along the lines of “I cannot promise never to raise taxes, but if we do, we’ll understand why we’re doing it.”

Commissioner Graves re-stated his motion to amend and fix the annual salaries for elected Utah County Officials for 2017 to include a two-percent COLA, with the exception of the three Utah County Commissioners, as described in Regular Agenda Item No. 16.

Commissioner Ellertson waived Robert’s Rules of Order for the purpose of seconding the motion.


(Track A, 2:37:15) Commissioner Ellertson expressed the COLA is a proper use of technique, and should the upcoming salary study indicate a different range for the elected officials, the cost incurred by the county would only be the cost of that study. Commissioner Lee repeated the county will be going through a process in the next few months to determine appropriate compensation for all positions, and proposed a substitute motion.

Commissioner Lee re-stated his motion to deny amending and fixing the annual salaries for elected Utah County Officials for 2017, as described in Regular Agenda Item No. 16.

Commissioner Ellertson waived Robert’s Rules of Order for the purpose of seconding the motion.


Commissioner Ellertson commented that elected officials are due an increase, and Commissioner Lee asked why. They discussed the salary study and options to streamline the entire process. Commissioner Ellertson called for votes on the two motions currently on the table.



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For Commissioner Lee’s substitute motion to deny the amended salaries for elected officials: The vote was:

AYE: William C. Lee NAY: Larry A. Ellertson Greg Graves

The motion did not pass.

For Commissioner Graves’ motion to amend and fix the annual salaries to include a two-percent COLA for elected Utah County Officials, with the exception of the three Utah County Commissioners:

The motion carried with the following vote: AYE: Larry A. Ellertson Greg Graves NAY: William C. Lee RESOLUTION NO. 2016-130 Commissioner Graves repeated for the record there would be no increase or amendment to the proposed 2017 Budgets due to this cost-of-living adjustment for elected officials, as the increase is already absorbed by department savings. The commissioners thanked all those involved in the budget process, and Commissioner Ellertson noted the total projected revenue of $82,359,477.00 for 2017.

Commissioner Graves made the motion to adopt the resolution approving the 2017 Budgets for the General Fund and other Budgetary Funds of Utah County, Utah as stated in Regular Agenda Item No. 16 and in accordance with the provided exhibit. The motion was seconded by Commissioner Lee and carried with the following vote:

AYE: Larry A. Ellertson Greg Graves William C. Lee NAY: None RESOLUTION NO. 2016-130 At this point, the commissioners determined which closed meetings would be necessary to set and which could be stricken from the Regular Agenda. (Track A, 2:43:50) 19. APPROVE AND SET A DATE, TIME AND LOCATION FOR A CLOSED MEETING FOR A

STRATEGY SESSION TO DISCUSS THE PURCHASE, EXCHANGE, OR LEASE OF REAL PROPERTY, WATER RIGHTS, OR WATER SHARES (Suggested for today’s date, at this location,

following the completion of the Regular Agenda items) (Announce the vote of each Commissioner) Commissioner Lee made the motion to set a date, time, and location for a closed meeting for a strategy session to discuss the purchase, exchange, or lease of real property, water rights, or water shares previously publicly noticed for sale to follow the Regular Agenda items today in Room 1400 of the County Administration Building. The motion was seconded by Commissioner Graves and carried with the following vote:



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AYE: Larry A. Ellertson William C. Lee Greg Graves NAY: None SET 20. APPROVE AND SET A DATE, TIME AND LOCATION FOR A CLOSED MEETING FOR A

STRATEGY SESSION TO DISCUSS THE SALE OF REAL PROPERTY, WATER RIGHTS, OR WATER SHARES, PREVIOUSLY PUBLICLY NOTICED FOR SALE (Suggested for today’s date, at

this location, following the completion of the Regular Agenda items) (Announce the vote of each

Commissioner)

Commissioner Lee made the motion to set a date, time, and location for a closed meeting for a strategy session to discuss the sale of real property, water rights, or water shares previously publicly noticed for sale to follow the Regular Agenda items today in Room 1400 of the County Administration Building. The motion was seconded by Commissioner Graves and carried with the following vote:

AYE: Larry A. Ellertson William C. Lee Greg Graves NAY: None SET 21. APPROVE AND SET A DATE, TIME AND LOCATION FOR A CLOSED MEETING TO DISCUSS

THE CHARACTER, PROFESSIONAL COMPETENCE, OR PHYSICAL OR MENTAL HEALTH OF AN INDIVIDUAL OR INDIVIDUALS (Suggested for today’s date, at this location, following the

completion of the Regular Agenda items) (Announce the vote of each Commissioner)

Commissioner Lee made the motion to set a date, time, and location for a closed meeting to discuss the character, professional competence, or physical or mental health of an individual or individuals to follow the Regular Agenda items today in Room 1400 of the County Administration Building. The motion was seconded by Commissioner Graves and carried with the following vote:

AYE: Larry A. Ellertson William C. Lee Greg Graves NAY: None SET 22. APPROVE AND SET A DATE, TIME AND LOCATION FOR A CLOSED MEETING FOR A

STRATEGY SESSION TO DISCUSS PENDING OR REASONABLY IMMINENT LITIGATION (Suggested for today’s date, at this location, following the completion of the Regular Agenda items)

(Announce the vote of each Commissioner)

Commissioner Lee made the motion to set a date, time, and location for a closed meeting for a strategy session to discuss pending or reasonably imminent litigation to follow the Regular Agenda items today in Room 1400 of the County Administration Building. The motion was seconded by Commissioner Graves and carried with the following vote:



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AYE: Larry A. Ellertson William C. Lee Greg Graves NAY: None SET *Please refer to the final page of these minutes for additional notations. (Track A, 2:45:42) Commissioner Graves took a moment of personal privilege to thank Commissioner Ellertson for his years of service to Utah County, noting this meeting is Commissioner Ellertson’s last approval of the general county budget before retirement. Commissioner Graves also thanked Commissioner Ellertson for his years serving as a mayor in the community, stating Commissioner Ellertson has done good work for all of us and will be missed by many. (Track A, 2:47:11) Commissioner Ellertson excused himself from the meeting at this time. Utah County Civil Division Chief Deputy Attorney David Shawcroft asked that Work Session Item Nos. 2 and 3 be stricken from the agenda. Commissioner Graves noted Work Session Item No. 4 had already been addressed at the beginning of the meeting, leaving only Work Session Item No. 1 for discussion at this point.

WORK SESSION 1. PRESENTATION AND DISCUSSION ON ESTABLISHING AN ADMINISTRATIVE APPROVAL

PROCESS FOR SUBDIVISION APPLICATIONS WITH FIVE (5) LOTS OR LESS (Track A, 2:47:55) Bryce Armstrong and Brandon Larsen of the Utah County Community Development Office came forward to discuss subdivision applications with the Board. Mr. Larsen explained how approving the applications administratively can save time for applicants, and addressed the benefits and potential complications with the commissioners and Utah County Deputy Attorney Robert J. Moore. 2. CONSIDER THE REQUEST OF ELIZABETH K. ROBERTSON AND MICHAEL J. ROBERTSON

TO INSTALL A SEASONAL GATE ON 14000 SOUTH [WEST OF SANTAQUIN] FROM OCTOBER TO DECEMBER ANNUALLY, PURSUANT TO UTAH CODE 72-7-106

STRICKEN 3. TO CONSIDER THE REQUEST OF ELIZABETH K. ROBERTSON AND MICHAEL J.

ROBERTSON TO AMEND THE UTAH COUNTY OPEN RANGE MAP TO INCLUDE THE FOLLOWING TAX PARCELS AS OPEN RANGE PURSUANT TO UTAH COUNTY CODE 5-2-20: 32:009:0036, 32:009:0041, 32:006:0096, 32:006:0054, 32:006:0009, 32:005:0004, 32:006:0022, 32:005:0005, 32:006:0099, 32:006:0098.

STRICKEN 4. RECOGNITION OF THE 2016 UTAH COUNTY EMPLOYEE OF THE YEAR (Previously addressed - see page 3)

PUBLIC COMMENTS There were no additional public comments and the meeting recessed at 12:18 P.M. to go into closed meetings. The public meeting reconvened at 1:05 P.M. and the Board chose to revisit discussion on Regular Agenda Item No. 22.



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Commissioner Lee excused Commissioner Ellertson’s absence and noted that Robert’s Rules of Order would be waived for the purpose of making motions.

REGULAR AGENDA 22. APPROVE AND SET A DATE, TIME AND LOCATION FOR A CLOSED MEETING FOR A

STRATEGY SESSION TO DISCUSS PENDING OR REASONABLY IMMINENT LITIGATION (Suggested for today’s date, at this location, following the completion of the Regular Agenda items)

(Announce the vote of each Commissioner)

(Track B, 00:01)

Commissioner Graves made the motion to continue the closed meeting for a strategy session to discuss pending or reasonably imminent litigation to Monday, December 19, 2016 at 10:00 A.M. in Room 2300 of the County Administration Building. The motion was seconded by Commissioner Lee and carried with the following vote:

AYE: William C. Lee Greg Graves NAY: None CONTINUED TO MONDAY, DECEMBER 19, 2016 10:00 A.M. in Room No. 2300 of the County Administration Building Located at 100 East Center Street in Provo, Utah *Please refer to the final page of these minutes for additional notations. This concluded the open meeting.

Commissioner Graves made the motion to adjourn the December 13, 2016 meeting of the Utah County Board of Commissioners. The motion was seconded by Commissioner Lee and carried with the following vote:

AYE: William C. Lee Greg Graves NAY: None There being no further business nor public comment, the meeting adjourned at 1:06 P.M. The minutes of the December 13, 2016 Commission meeting were approved as transcribed on January 17, 2017.

___________________________________________ WILLIAM C. LEE, Commission Vice-Chair

ATTEST: ___________________________________________ BRYAN E. THOMPSON Utah County Clerk/Auditor



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*Regular Agenda Item No. 22: The Board returned to discussion of Regular Agenda Item No. 22 immediately following their closed meetings, and decided to continue the closed meeting for a strategy session to discuss pending or reasonably imminent litigation to Monday, December 19, 2016.

Copies available on the Utah County website at www.utahcounty.gov Recorded by Renée Caron, Clerk/Auditor Administrative Assistant

Documents

BOARD OF COUNTY COMMISSIONERS, UTAH … have seen a Deputy extend a hand softly placed on the shoulder of a victim of sexual assault and speak a few whispered words of reassurance