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                                             MINUTES

                        BOX ELDER COUNTY COMMISSION

                                MARCH 09, 2004

                                                                             

 

 

 

 

The Board of County Commissioners of Box Elder County, Utah met in a work session at the County Courthouse, 01 South Main Street in Brigham City, Utah at 8:00 a.m. on MARCH 09, 2004.  The following members were present:

 

Suzanne R. Rees                           Chairman

Clark N. Davis                             Commissioner

LuAnn Adams                             Recorder/Clerk

 

EXCUSED:              Scott Hansen                                Commissioner

 

The following items were discussed:

 

1.      Fire Department Update – Greg Martz

2.      High Country Estates Subdivision Discussion – Garth Day

3.      Cog Meeting

4.      Jail Reimbursement

 

The work session adjourned at 8:59 a.m.

 

The regular session was called to order by Chairman Rees at 9:00 a.m. with the following members present, constituting a quorum:

 

Suzanne R. Rees                           Chairman

Clark N. Davis                             Commissioner                

LuAnn Adams                             Recorder/Clerk

 

EXCUSED:              Scott Hansen                                Commissioner

 

Chairman Rees offered the prayer.

 

Chairman Rees excused Commissioner Hansen who is working on wilderness issues in St George, Utah.

 

 

 

 

 

 

APPROVAL OF MINUTES

 

THE MINUTES OF THE REGULAR MEETING OF FEBRUARY 24, 2004 AND FEBRUARY 27, 2004 WERE APPROVED AS WRITTEN ON A MOTION BY COMMISSIONER DAVIS, SECONDED BY COMMISSIONER REES AND UNANIMOUSLY CARRIED. 

AGENDA: ATTACHMENT NO. 1

 

BID OPENING/LANDFILL TRUCK – RODGER HARPER

 

Rodger Harper, Fleet Management, opened the following bids for a 2004 17,000 GVW Cab & Chassis to be used at the landfill:

 

 

VENDOR

MODEL

PRICE

Butterfield Ford

F550

$28,140.00

Ken Garff Ford

F550

$28,721.05

Young Chevrolet

CC4500

$29,320.78

 

 

MOTION:  A motion was made by Commissioner Davis to approve the low bid of Butterfield Ford for the F550 model for $28,140.00.  The motion was seconded by Chairman Rees and unanimously carried.

 

Mr. Harper said over the course of years this vehicle will be used as a service truck at the landfill.  It is very expensive to bring contractors onsite, the County can save a lot of revenue by doing minor repairs on site with the landfill’s maintenance crew.

 

EXEMPT PROPERTIES – LINDA WESTLEY

 

Deputy Auditor Linda Westley presented 36 properties that have applied for a property tax exemption.  Ms. Westley asked the Commissioners to approve their exempt status.

 

MOTION:  A motion was made by Commissioner Davis to approve the exempt status of the 36 properties as presented for the 2004 year.  The motion was seconded by Chairman Rees and unanimously carried.

 

(See Attachment No. 2 – Exempt Properties List.)

 

 

 

 

 

 

DEPARTMENT OF AGRICULTURE STATE CONTRACT – CHERYL SEARLE

 

Cheryl Searle, Dick Wilson, Mike Willardson and Kyle Stephens from the Department of Agriculture came before the Commissioners asking for renewal of the contract for the Agriculture Inspectors to have office space in the County Courthouse.

 

Mike Willardson gave the Commissioners a briefing on the services he provides to the citizens of Box Elder County: inspection of hay and grain fields, member of the Box Elder County Weed Board and assists Bill Gilson in enforcing the State Weed Law, certifies pesticide applicators (individuals have to take examinations and be certified to spray pesticides in the County, inspection of onions for shipping and marketing all over the United States and Mexico, sour cherry USDA grade inspection, write export papers on products inspected in Box Elder County and shipped out of the United States for such things like onion loads, Honeyville Grain, Wheatland Seeds, Autoliv pallets, Zebra Gardens; plant quarantines; pesticide collections; dry powdered milk program; seeds, feeds, fertilizer, nurseries, pesticide program; grasshopper and Mormon crickets.

 

Kyle Stephens said the Agriculture Inspectors would play a big role with the Health Department for mosquito control because of the West Nile Virus issues.

 

Dick Wilson said the concept is service to the people in the counties from the Department of Agriculture.  Mr. Wilson said he supports Mike Willardson and what he does for the constituents of the County.  He commended Mr. Willardson for going above and beyond to service the needs of the County.  Dick Wilson said there would be changes in the things the agriculture inspectors do as the County urbanizes.  There will be insects and disease in the County’s subdivisions.  Mr. Wilson appreciates the relationship they have had with Box Elder County and hope they understand the need for an office.

 

Commissioner Davis said the County values the Department of Agriculture’s service and its presence. He then explained the County’s space issues created from increased staff.

 

Cheryl Searle said the state has been continuing the contract on a month-to-month basis, but it is cumbersome because it does not automatically access their payment system.

 

MOTION:  A motion was made by Commissioner Davis to approve the current contract at the current rate through September 30, 2004 and that in the interim the County will look at a longer term solution for the space conflicts that exist, and that Chairman Rees be authorized to sign the contract.  The motion was seconded by Chairman Rees and unanimously carried.

 

 

 

 

 

 

APPOINTMENTS & REAPPOINTMENTS TO COUNTY SERVICE DISTRICT – LUANN ADAMS

 

MOTION:  A motion was made by Commissioner Davis to adopt Resolution 04-09, a resolution appointing and reappointing members to special service districts in Box Elder County.  The motion was seconded by Chairman Rees and unanimously carried.

 

(See Attachment No. 3 – Resolution 04-09.)

 

NURSING HOME TUB REPLACEMENT – CHAIRMAN REES

 

County Auditor Roger Handy said the nursing home has spent  $42,500.00 which is the money that the Commissioners had allowed for the tub replacement.  A letter was referred to from Bob Jex, Nursing Home Administrator, asking for another $2,619.24 from the nursing home lease fund for additional work such as the replacement of galvanized pipes with copper and installation of an auxiliary hot water heater adjacent to the tubs. Mr. Handy is looking for authorization of spending an additional $2,619.24 for the installation of the tubs.

 

MOTION:  A motion was made by Commissioner Davis to approve the request from Bob Jex for $2,619.24 for the installation of the tubs.  The motion was seconded by Chairman Rees and unanimously carried.

 

CONTRACT/PERMISSION TO USE PART OF OLD LANDFILL FOR ATV TRAINING RANGE – DENTON BEECHER

 

County Surveyor Denton Beecher said some time ago Bob Nelson asked permission for the ATV Safety Institute to have an ATV training range on County property.  Denton Beecher said he, County Attorney Amy Hugie, and Roger Handy have reviewed the information along with Mark Brady from the Utah Counties Insurance Pool and believe that all is in order as long as Todd Nelson can show the County documentation that the County would be added as insured for their landfill and Tremonton site. 

 

MOTION:  A motion was made by Commissioner Davis to approve the ATV Safety Institute Agreement, and that Chairman Rees be authorized to sign.  The motion was seconded by Chairman Rees and unanimously carried.

 

WARRANT REGISTER – COMMISSIONERS

 

The warrant register was signed, and the following claims were approved for payment:  Claims number 29843 thru 29878 in the amount of $389,461.30.  Claims 29879 thru 29964 in the amount of $65,747.77.  Claim 29965 thru 29977 in the amount of $22,248.49.  Claims 29978 thru 30078 in the amount $50,566.09.  Claims 10789, 19057, 21128, 21629, 29489 and 21981 were voided.

 

 

 

PERSONNEL ACTIONS – COMMISSIONERS

 

ROAD DEPT:                          Jason Cook, compensation change, effective 03/08/2004

ROAD DEPT:                          E. Shawn Nicholas, compensation change, effective 03/08/2004

LANDFILL:                             Gina Allen, compensation change, effective 02/22/2004

LANDFILL:                             Kellen Cook, change of status, effective 03/04/2004

LANDFILL:                             Travis Limb, new hire, effective 03/08/2004

ITS:                                          Aaron Hanks, new hire, effective 02/23/2004

WEED DEPT:                          Jack Mieure, re-hire, effective 03/01/2004       

SHERIFF:                                Tia Rowley, compensation change, effective 03/08/2004

SHERIFF:                                Stephanie Gill, compensation change, effective 03/08/2004

SHERIFF:                                James Summerill, compensation change, effective 03/08/2004

SHERIFF/CORR:                    John Chester Sumner, compensation change, effective 03/08/2004

SHERIFF/CORR:                    Brandon G. Yates, compensation change, effective 03/23/2004

SHERIFF/CORR:                    Jami N. Spicer, compensation change, effective 02/23/2004     

 

PUBLIC HEARING – AGRICULTURE PROTECTION AREA –COMMISSIONERS

 

(See Attachment No. 4 – Attendance List.)

 

Chairman Rees opened the public hearing for an agriculture protection area at 10:00 a.m.

 

Chairman Rees stated that she has land bordering the agriculture protection area; however, she is not a landowner petitioning for the agriculture protection area.

 

County Planner Garth Day said the purpose of the public hearing is to receive input to the Wilson/Damon Etal agriculture protection area proposal located in Harper Ward.  Mr. Day said parts of the agriculture protection area requested are located in Brigham City and Box Elder County cannot approve that area.  Mr. Day said (1) the land petitioned for Agriculture Protection is being used for agriculture production except for areas where structures exist (2) upon quick review of the property it appears that the 323.0 acres located in the County are viable for agriculture production (3) the proposed farm and any future improvements will remain in the current nature of use, and the County does not see any foreseeable changes until the ownership changes (4) the anticipated trends in agricultural and technological conditions would be for better usage of the lands to produce a higher crop yield.  The Planning Commission and Box Elder Agriculture Protection Advisory Board recommend approval of the 323.0 acres to become an agriculture protection area.

 

Chairman Rees asked for comments from those in attendance.  There were no comments.

 

MOTION: A motion was made by Commissioner Davis to close the public hearing.  Chairman Rees seconded the motion and the public hearing was closed at 10:17 a.m.

 

MOTION:  A motion was made by Commissioner Davis to adopt Resolution 04-07 approving a proposal to create an agriculture protection area.  The motion was seconded by Chairman Rees and unanimously carried.

 
(See Attachment No.5  – Resolution 04-07)

 

TED LEWIS SUBDIVISION – GARTH DAY

 

County Planner Garth Day said the Ted Lewis Subdivision is a one-lot subdivision located at about 10800 West 10755 North in the Thatcher area.  The property is currently un-zoned and is 1.35 acres. The petition has established proof of all utilities, and there is an existing house on the proposed lot with all utilities.  The petition is in accordance with existing subdivision ordinances and zoning requirements. The Planning Commission reviewed the subdivision on February 19, 2004 and recommend granting final approval.

 

MOTION:  A motion was made by Commissioner Davis to approve the Ted Lewis Subdivision with the understanding that further development would require completion of the road to County standards.  The motion was seconded by Chairman Rees and unanimously carried.

 

DAN NORMAN SUBDIVISION – GARTH DAY

 

County Planner Garth Day stated that the Dan & Robin Norman Subdivision is a one-lot subdivision located at about 6910 West 4000 North in the West Corinne Area.  The property is currently un-zoned, and the proposed lot is one acre.  The petitioner has established proof of all utilities, and the West Corinne Water Company will provide water service.  The petition is in accordance with existing subdivision ordinances and zoning requirements.  Planning Commission recommends granting final approval.

 

MOTION:  A motion was made by Commissioner Davis to approve the Dan and Robin Norman One-Lot Subdivision. The motion was seconded by Chairman Rees and unanimously carried.

 

RUPP SUBDIVISION – GARTH DAY

 

County Planner Garth Day explained that the Judy Rupp Subdivision amendment reduces the size of the approved lot from 1.75 to 1.0 acres and eliminated the well protection easement.  The owners have secured a culinary water connection.  The property is currently un-zoned. The petitioner has established proof of all utilities and the West Corinne Water Company will provide water.  The petition is in accordance with existing subdivision ordinances and zoning requirements.  The Planning Commission recommends granting final approval.

 

 

 

MOTION:  A motion was made by Commissioner Davis to grant approval for the Judy Rupp Subdivision Amendment.  The motion was seconded by Chairman Rees and unanimously carried.

 

PETITION TO VACATE A COUNTY ROAD – GARTH DAY

 

County Planner Garth Day said the County has received a petition to vacate a County Road southwest of ParkValley.  The road is the access to the Rosebud Ranch.  It is currently zoned MU-160 and it is shown as a Class “B” Road.  Mr. Day said the only purpose for the road is to access a privately owned ranch.  The road vacation will not have a substantial effect on the General Plan, the adjacent landowner is the petitioner and will not financially harm any adjacent landowner or stakeholder and the proposed vacation does not violate any provisions of the County Land Use Code. Based on information and findings, staff and Planning Commission recommend vacation of the County Road.

 

MOTION: A motion was made by Commissioner Davis to accept the findings of the Planning Commission (See Attachment No. 6 – Planning Commission Findings) that a public hearing be set for April 13 at 10:00 a.m. to consider vacation of the road referred to as Rosebud Access, and to authorize the County Clerk to do the proper notification.  The motion was seconded by Chairman Rees and unanimously carried.

 

OUT-0F-STATE TRAVEL – LYNN YEATES

 

MOTION:  A motion was made by Commissioner Davis to allow Scott Cosgrove to travel to Washington, DC March 11-13 for a Physiological Evaluation.  The motion was seconded by Chairman Rees and unanimously carried.

 

MOTION:  A motion was made by Commissioner Davis to allow Jim Summerill to attend FBI Executive Command College in West Yellowstone May 23-28.  The motion was seconded by Chairman Rees and unanimously carried.

 

ADJOURNMENT

 

A motion was made by Commissioner Davis to adjourn.  Commissioner Rees seconded the motion, and the meeting adjourned at 10:40 a.m.

 

 

 

 

 

 

 

 

The following items were discussed in Work Session after commission meeting had adjourned at 11:00 a.m.:

 

1.      High Country Estates Phase 1 – Garth Day

2.      Personnel Issues – Peggy Madsen

 

The work session recessed at noon and reconvened at 2:30 p.m.

 

The Work Session adjourned at 3:20 p.m.

 

 

ADOPTED AND APPROVED in regular session this____day of   March 2004.

 

 

 

 

_______________________________

Suzanne R. Rees, Chairman

 

 

 

 

_______________________________

Clark N. Davis, Commissioner

 

 

 

 

_______________________________

Scott Hansen, Commissioner

 

 

ATTEST:

 

 

 

__________________________

LuAnn Adams, Recorder/Clerk