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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.
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.
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