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MINUTES
BOX ELDER COUNTY
COMMISSION
APRIL 20, 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 APRIL
20, 2004. The following members
were present:
Suzanne R. Rees Chairman
Clark N. Davis Commissioner
Scott Hansen Commissioner
LuAnn Adams Recorder/Clerk
The following items
were discussed:
1. Fire Department
Update – Greg Martz
2. Personnel Issues –
Peggy Madsen
3. Assignment Review –
Commissioners
4. Monumentation – Amy
Hugie
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
Scott Hansen Commissioner
LuAnn Adams Recorder/Clerk
Chairman Rees
offered the prayer.
APPROVAL OF MINUTES
THE MINUTES OF THE
REGULAR MEETING OF APRIL 13, 2004 WERE APPROVED ON A MOTION AS WRITTEN BY COMMISSIONER DAVIS, SECONDED BY COMMISSIONER HANSENAND UNANIMOUSLY CARRIED.
AGENDA: ATTACHMENT
NO. 1
FOLLOW-UP BUSINESS
Findings/Surplus
Property in Bear River – Denton Beecher
County Surveyor Denton Beecher stated that he has prepared quit claim deeds for 21 small parcels. He said the County Recorder has reviewed the deeds, and has agreed with the format.
Denton Beecher
reported that the surplus property in Tremonton is part of the side yard owned
by the Larsens. Mr. Beecher was unable
to get in touch with the Larsens. Mrs.
Larsen is in a nursing home and Mr. Larsen has passed away. He did speak to the
Kays, next-door neighbors, and they are not interested in the property. The
children of the Larsens are keeping the yard up, but Mr. Beecher has not been
able to get in touch with them. Mr.
Beecher recommends deeding the County’s 2/3 interest to the Larsens and letting
them work out the 1/3 interest with the Calls at the time they sell. Mr. Beecher said it does not make sense for
another party to own the property. He
feels it is the highest and best interest for the County to deed the parcel to
the Larsen family.
MOTION: A motion was made by Commissioner Hansen to deed the County’s 2/3 interest on parcel
05-044-0028 to the Larsens. The motion
was seconded by Commissioner Davis and
unanimously carried.
Mr. Beecher checked
out the surplus property west of Bear River City. The lot is part of a pasture that has a big ditch and it is full
of junk. Mr. Beecher has made contact with
the Hartley Anderson family, and they are very interested in purchasing the
property.
Denton Beecher will
refer this property to Rodger Harper to check out the dumping on the property.
Ordinance/Vacation
of Rosebud Ranch Access Road – Garth Day
MOTION: A motion was made by Commissioner Davis to adopt Ordinance 270, an ordinance
vacating the Rosebud Ranch Access Road, in Section 7, Township 10 North, Range
15 West. The motion was seconded by Commissioner Hansen and unanimously
carried. (See Attachment No. 2 –
Ordinance.)
Access Management
Plan Approval – Commissioners
Commissioner Davis
made a presentation of the Commissioners’ tour out west.
Access Management
Team Chairman Jerry Mason said the changes to the County’s current plan are
adopting the changes made by the BLM.
The Access Management Team voted 12-2 to incorporate the BLM changes
into our plan. Mr. Mason said he has
been asked about permittees, and he said the ordinance does not apply to public
employees acting within the scope of their lawful authority, or grazing and
mining permitees of governmental entities and public land lessees whose travel
is to be in accordance with their respective permits or leases.
Commissioner Hansen
said he has talked to landowners and permittees, and there is a ground swell of
discontent. They feel that they have
been under represented and do not know what is going on.
MOTION: Commissioner
Hansen made a motion to table. Commissioner
Davis seconded the motion with an amendment to table for two weeks until
there is a meeting, and that it be placed back on the table in one month. The motion was unanimously carried.
Jerry Mason said
the Access Management Team went through all the requirements for publishing an
open house. They tried to accommodate
the landowners that showed up, and the permittees are protected. He feels that by accommodating some
individual people, we are not consistent.
He said if there are problems we can act immediately. He does not see a need to delay.
Commissioner Davis
said he does not have a problem with holding another meeting but wants the
meeting to be held in a timely fashion.
He said we owe it to the people on the Access Management Team to respond
to the procedures that we put in place.
Internet Map
Publication Authorization – Commissioners
MOTION: A motion was made by Commissioner Hansen to table for two weeks until there is a
meeting, and that it be placed back on the table in one month. The motion was seconded by Commissioner Davis and unanimously carried.
911 ORDINANCE
UPDATE – LYNN YEATES
Chief Deputy Lynn Yeates presented the Commissioners with an ordinance increasing the 9-1-1 fees from $.50 to $.65 per month on each local wireless exchange access line. The increase is in conjunction with H.B. 36, which is effective July 1, 2004. He then reported on the number of 9-1-1 calls made in 2003: South Willard 30, Honeyville 99, Deweyville 42, Beaver Dam 12, Riverside 55, Fielding 107, Plymouth 192, Portage 21, Garland 201, Tremonton 982, Bothwell 40, Thatcher 76, Elwood 54, Bear River 40, Corinne 109, Howell 14, Snowville 61, Willard 215, Perry 227, Mantua 37, Brigham City 2146.
MOTION: A motion was made by Commissioner Hansen to adopt Ordinance No. 271, an ordinance
amending Ordinance 240 providing for the imposition of increased surcharge for
providing wireless 911 access lines.
The motion was seconded by Commissioner
Davis and unanimously carried. (See
Attachment No. 3 – Ordinance.)
REVIEW OF THE HIGH
COUNTRY ESTATES SUBDIVISION PHASE 01 – GARTH DAY
County Planner Garth Day stated on March 30 this item came before the County Commission. Mr. Day said the actual item is to revoke the subdivision and the “P” zone. There are 11 lots in the Beaver Dam area currently zoned MU-40 with a “P” zone overlay. Mr. Day said the subdivision was approved conditional on providing acceptable financial guarantees for the subdivision improvements in place within a two-year time frame. The time period lapsed December 18, 2003. In February the Planning Commission voted 6-1 to recommend to the County Commission consideration of removal of the “P” zone designation. (See Attachment No. 4 – Planning Commission Findings and Recommendations.) The staff and Planning Commission recommend removal of the “P” zone and that the subdivision be revoked and put back to what it was. Mr. Day said there has been a lot of discussion about delays and granting more time, but it is his opinion that more time would expose the County to a lawsuit for not following our own procedures. Mr. Day said if the property is sold to a non-related third party, the process would start over again, and since some of the work has been done, some of the fees could be waived.
Commissioner Hansen recused himself because he has had dealings with Alton Veibell.
MOTION: A motion was made by Commissioner Davis that the Commission goes on record as
complying with our own ordinance, that December 18 was the expiration date of
the “P” zone, and that should this development come back in a similar state, to
not require additional fees and that consideration be given to waiving all
appropriate additional fees and that December 18, 2003 mark the starting time
for the two-year time period. The
motion was seconded by Commissioner Rees. The motion carried 2-1 with Commissioner Hansen abstaining.
TWIN LAKES 03
SUBDIVISION APPROVAL – GARTH DAY
County Planner Garth Day said the Twin Lakes Subdivision 03 is a three-lot subdivision located in the Collinston Area. It is zoned RR-2. Each lot must have a minimum of two acres and a 200-foot frontage. The water source will be from a private well shared by the three owners. A homeowners association has been formed for the maintenance and operation of the water system. Mr. Day said this subdivision is in accordance with the ordinance rules and zoning regulations, and recommends approval. He said the Planning Commission reviewed the subdivision on March 18 and recommended approval.
MOTION: A motion was made by Commissioner Hansen to approve the Twin Lakes 03 Subdivision. The motion was seconded by Commissioner Davis and unanimously carried.
MONUMENTING SECTION
01 QUESTIONS – PAUL HANSEN
This item was
cancelled.
CHILD ABUSE
PREVENTION MONTH – KATHY TROUT
Chairman Rees read the following proclamation declaring April as Child Abuse Prevention Month.
(See Attachment
No. 5 – Proclamation.)
Kathy Trout, Director of Box Elder Family Support Center, said President Bush is also declaring April as Child Abuse Prevention Month. She stated that about three children die a day. There were 247 substantial child abuse victims last calendar year in Box Elder County. Sixty-three were domestic violence related and 54 were sexual abuses. She said we must work on prevention by building on strengthening families, parent education, developing parenting skills and parent support groups. She talked about ways citizens would help and said preventing child abuse is worth doing. Box Elder County has a lot going because there are many groups of concerned people. 247 pairs of shoes were placed on the courthouse steps representing the child abuse victims in Box Elder County for 2003. Ms. Trout said let’s see the shoes on the steps go down each year.
ABSENTEE VOTING
PRECINCTS – LUANN ADAMS
County
Recorder/Clerk LuAnn Adams explained to the Commissioners that state code
reads, “Whenever, on the 60th day before an election, there are 300
or less persons registered to vote in a voting precinct, the county legislative
body of the county in which the voting precinct is located may elect to
administer an election entirely by absentee ballot. She recommended 10 precincts be approved as by-mail precincts.
MOTION: A motion was made by Commissioner Davis to approve the following 10 precincts as
absentee voting precincts: Beaver
Dam/Collinston, Corinne 02, Clear Creek, Grouse Creek, Portage, Plymouth, Snowville,
Howell, Yost and Promontory. The motion
was seconded by Commissioner Hansen and
unanimously carried.
OUT-OF-STATE TRAVEL
– AMY HUGIE
County Attorney Amy Hugie asked for permission to send Deputy County Attorney Kevin McGaha to attend an Extradition Conference in Atlantic City, New Jersey. She said registration is $300.00, lodging will be $450.00 and the flight is $760. Ms. Hugie said the money is in her budget.
MOTION: A motion was made by Commissioner Davis to approve the out-of-state travel for Kevin
McGaha to Atlantic City, New Jersey May 15-19 to attend an Extradition
Conference. The motion was seconded by Commissioner
Hansen and unanimously carried.
WARRANT REGISTER –
COMMISSIONERS
The warrant register was signed, and the following claims were approved for payment: Claims number 30662 thru 30683 in the amount of $5,082.98. Claims number 30684 thru 30754 in the amount of $134,538.15.
PERSONNEL ACTIONS – COMMISSIONERS
SHERIFF DEPT: Gregory Hill, compensation
change, effective 04/04/2004
JUSTICE COURT: Wendy Potter, compensation
change, effective 04/05/2004
JUSTICE COURT: Klisty Wilson, compensation
change, effective 04/19/2004
LANDFILL: Randy
Call, new hire, effective 04/19/2004
WEED DEPT: Betty Jo Spencer, re-hire,
effective 04/19/2004
FIRE DEPT: Marie
Trevino, new hire, effective 04/15/2004
ASSIGNMENT REVIEW -
COMMISSIONERS
The Commissioners reviewed assignments.
ADJOURNMENT
A motion was made
by Commissioner Hansen to adjourn.
Commissioner Davis seconded the motion, and the meeting
adjourned at 11:08 a.m.
ADOPTED AND
APPROVED
in regular session this____day of
April 2004.
_______________________________
Suzanne R. Rees,
Chairman
_______________________________
Clark N. Davis,
Commissioner
_______________________________
Scott Hansen,
Commissioner
ATTEST:
__________________________
LuAnn Adams,
Recorder/Clerk