``-
MINUTES
BOX ELDER COUNTY
COMMISSION
FEBRUARY 08, 2005
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 FEBRUARY
08, 2005. The following members
were present:
Scott Hansen Chairman
Clark N. Davis Commissioner
Suzanne R. Rees Commissioner
LuAnn Adams Recorder/Clerk
The following items
were discussed:
1. Assignment Review –
Commissioners
2. Staff Reports
3. Correspondence
4. Rebuilding Park
Valley Building – Sheriff Jensen
The work session
adjourned at 8:59 a.m.
The regular session
was called to order by Chairman Hansen at 9:00 a.m. with the following members
present, constituting a quorum:
Scott Hansen Chairman
Clark N. Davis Commissioner
Suzanne R. Rees Commissioner
LuAnn Adams Recorder/Clerk
The prayer was
offered by Commissioner Davis.
APPROVAL OF MINUTES
THE MINUTES OF THE
REGULAR MEETING OF FEBRUARY 01, 2005 WERE APPROVED ON A MOTION AS WRITTEN BY COMMISSIONER REES, SECONDED BY CHAIRMAN HANSENAND UNANIMOUSLY CARRIED.
AGENDA: ATTACHMENT
NO. 1
Lloyd
Berentzen, Bear River Health Department Director, stated that Dr. John Bailey
retired last year, and there have been changes at the Health Department. He said they have done a little bit of
restructuring. Lloyd Berentzen was
offered the job of director of the department and they created two deputy
positions. Todd Barson, administrative
arm for the department, and Dr. Redd, medical doctor to oversee the clinical
aspects. He then introduced Todd Barson who gave the 2004 Annual Report.
Todd Barson said the annual report highlights key activities. The annual report covers the time period from July 2003-June 30, 2004. The annual report is divided into sections: Synopsis of Key Events, West Nile Virus, (the department had an education program and monitored sentinel chicken flocks), Emergency Services, WIC, Health Promotion, Environmental Health, Personal Preventive Health and Substance Abuse.
Lloyd
Berentzen reported that almost everyone that wanted a flu shot in the Bear
River Health Department Area was able to get one. He feels pretty confident that the Health Department covered the
population. He talked about SB150,
sponsored by Senator Hillyard, which will enact power to local health
departments to give licensure to individuals in the event of an emergency.
The
first case of the West Nile Virus in Utah was discovered in Box Elder
County. The person received the virus
while visiting in Arizona for a fireworks show.
Commissioner
Davis pointed out that there is no mitigation at the bird refuge.
Lloyd
Berentzen said how much he appreciated Commissioner Rees. He said she is in a key position to go after
money and was successful at bringing $90,000 into the district area.
Mr.
Berentzen thanked the Commissioners for allowing the Health Department time to
give their report.
Fair
Ground Manager Gerald Smith presented the Commissioners with a five-year plan
with expenses for capital improvements at the fairgrounds. (See Attachment No. 2 – Five-Year Plan.)
Mr.
Smith talked about replacing the grandstands and asphalting the parking
lot. He also talked about the need for
an RV Park. He said each year during the fair 65-75 RV units are brought to the
fair. These do not include the carnival
workers. They are parking at the
facility without any running water. He
said there is a need for RV hookups throughout the year when events are held.
He would like to see the RV Park done in phases.
Commissioner Davis said he appreciated the efforts of Gerald Smith and the efforts to live within his budget. He said the five-year plan should become part of the annual plan for the budget. He appreciates Mr. Smith outlining the capital improvements over the next five years.
Commissioner
Rees suggested that Gerald meet with County Auditor Roger Handy and discuss the
five-year plan with him.
REQUEST FOR LOAN OPTION FROM UTAH STATE RETIREMENT – ANDREA SHIPLEY/PEGGY MADSEN
Personnel Director Peggy Madsen said the State Retirement has a loan program for 457 and 401K participants. Ms. Madsen said this has been talked about previously, but the Commissioners have elected to not participate. She said the employee can borrow against their 401K and 457 plans with the State.
Andrea Shipley said when she was serving on the Employee Committee the loan program was talked about, and she thought the County was looking into it. She said the borrowing is against your own account, and you must pay yourself back with interest. This loan program is designed to help employees with medical emergencies and any other emergencies that come up. The County must sign a contract before the employees are able to borrow. It is no cost to the County or the taxpayers.
Peggy Madsen said it is a loan-by-phone program. It will only take 2-3 minutes to get a loan approved, and the employee must sign a promissory note, which must be notarized. The deductions will be taken out after taxes, and the loan will be paid back at prime rate plus 1%. The employee will bring in the promissory note to personnel. Personnel will mail the promissory note back to the State, and the payroll department would need to set up another line. There is a $60.00 processing fee that the State requires upfront, and you can only have one loan outstanding at a time. You may only borrow up to 50% and the limit is $50,000. You must also have $2,000 in your account. Peggy Madsen said she has mixed feelings about the program. She is happy to say to our employees that the 401K and 457 plans are savings plans that you cannot touch.
Commissioner
Davis feels like this is a last desperation and does not want to encourage
employees to borrow from their plans.
He would like to refer this item back to the Employee Committee for
their review and have them make recommendations back to the Commission.
OUT-OF-STATE TRAVEL – SHERIFF JENSEN
Sheriff
Jensen asked the Commissioners for permission for Sgt. Jim Summerill to attend
FBI Executive College Training held June 5-10 in West Yellowstone. He recommends the training because it is
excellent training.
MOTION: A motion was made by Commissioner Rees to allow Sgt. Jim Summerill to attend the FBI
Interstate Executive College Commander School June 5-10 in West Yellowstone at
a cost of $630.00 plus wages and travel.
The motion was seconded by Commissioner
Davis and unanimously carried.
DISCUSSION/CLASS D COUNTY ROAD ABOVE MANTUA – BRETT SELMAN
Bret
Selman, landowner, said they have a lot of questions and concerns. Mr. Selman displayed copies of county
maps. He said ordinance No. 222 was in
effect July of 1998. This is the one
that in the public hearing back in July of 2000, Denton Beecher referred to as
the county road going up through the forest service ground. Since that time the state has deemed it not
to be a Class “B” Road. He said it did
not meet the qualifications, and the forest service has deemed it not to be a
county road. It is closed to motorized
access. It has never been open to
motorized travel inside Section 30. Mr. Selman quoted Denton Beecher as saying,
“the county has always maintained in our system that the road going through the
USA land over the county line has been a county road as shown on our county
maps.” The road going to the south has
not been deemed and kept as a county road.
He said it shows on the map that there is no road going to the south at
all on the county map. In 2004 a new
map came out which was put in place by Ordinance No. 248 and Resolution No.
04-13 and it strikes a line across the map going up through Section 31 of the
Selman’s property. It is up over the
county line going to the south. The new
map with Ordinance No. 248 still has it a Class “D” Road that the department of
transportation says isn’t in effect.
The map is dated May 25, and that is when the Department of
Transportation went up there and deemed that it is not a Class “B” Road. On the new map it has the Class “D” Road
going to the Cache County Line going straight south, and he read what Mr.
Beecher said. His question is how did
we get the road some where between July 2003 and May 2004? Was this road acquired by the county, and by
what authority did the county have to claim that road through private
ground? Did the County build or
maintain this road? And if so does the
County need some sort of vehicle to claim a road across private property such
as eminent domain? Mr. Selman talked to
the County Attorney last fall about this very same road, and she gave him this
resolution number and map. He can see
where she is coming from but he is curious at how we got there. Also on their property descriptions and the
plat maps on Section 31, there is no description of a road ever being there and
wondered if the county had some sort of a description of that road through
Section 31. Another concern is about
Brigham City and Mantua’s watershed.
The City of Brigham City is concerned about the watershed and how to
protect it, and Mr. Selman feels the County should also be concerned about this
watershed.
Bret
Selman introduced Troy Forest as Chairman of the Northern Region Shrub-Steppe
Restoration Committee and he works as a Planner for the Utah Association of
Conservation Districts as well as being well versed in wildlife issues and some
of the shrub-steppe restoration going on throughout the state. Mr. Forest gave some background on why the
initiative was passed. He said it was an
initiative of the governor because there is a lot of the sagebrush and brush area
lands in our state that because of the drought and invasive species are in poor
condition and a lot needs to be done.
This restoration initiative is a partnership-based initiative to improve
the lands throughout the state wherever they are. Some of the driving issues behind the initiative is last year
there was a petition made to the U.S. Fish and Wildlife Service to list the
Sage Grouses and endangered species. As
of January of this year it looks like that is not going to happen on a
habitat-wide basis but the word they are getting now is they will try to list
that species as individual populations in different states, counties or
areas. He said another species of
concern is the Sharp Tail Grouse. It
has also been petitioned for listing habitat-wide under the Protection of
Endangered Species Act. He said the
Endangered Species Act ties your hands. It limits what you can do on both
public ground and private
ground
and can have far-reaching effects.
Besides saving those species and making sure that they are not listed,
this initiative is striving for the preservation of working farms and ranches,
and also there are a lot of issues that are included. This area is the area that gets hit hard with invasive plants. Mr. Forest said we have areas in Western Box
Elder now that have cheat grass for thousands of acres, and once that becomes
established, it is a fire regime and becomes such that you can never get the
shrub lands back. This restoration
initiative is a statewide initiative to restore and renovate these kinds of
lands on a scale we haven’t seen since the 60’s. Other things that this ecosystem faces are recreation pressure,
and also this is where we are building a lot of the houses. Mr. Forest reviewed the signatory members
and partners in the Utah Partners for Conservation and Development Group. They include the Bureau of Land Management,
USDA Forest Service, U.S. Fish and Wildlife Service, Utah Department of
Environmental Quality, Utah Department of Natural Resources, Utah Association
of Conservation Districts, Natural Resources Conservation Service, Utah
Department of Agriculture and Food Utah State University Extension Service,
USDA Farm Service Agency, Utah RC&D Council, School and Institutional Trust
Lands Administration, Bureau of Reclamation and the National Park Service. He
explained that these are the government entities and beyond and above that
there are also groups like the Farm Bureau, Nature Conservancy, Sportsmen for
Fish and Wildlife who are also partners in this effort. He said the idea behind this is instead of
managing land piece meal, they are trying to manage these ecosystems across
boundaries, federal, state, local and private to restore the ecosystem to make
it a viable place for these animals to live.
Mr. Forest showed maps of the critical Sharp Tail, Sage Grouse and Mule
Deer Habitat. He showed the species of
concern occurring in or near Sagebrush Steppe. This initiate wants to make sure
that we don’t come under the constraints that are under the Endangered Species
Act. This initiate is to provide
working lands and to try and stay ahead of the game.
(See
Attachment No.3 – Power-Point
Presentation.)
Skip
Warner, landowner in Devil’s Gate, said his family has approximately over 3000
acres in the valley. He presented a power-point presentation and said the road
shown on the screen was put in by private property owners. The road has been
posted early since the beginning of time.
The Nelson family owns several thousand acres within that particular
valley.
Clyde
Nelson came before the Commissioners to testify that this road has been
private. Clyde Nelson said his
grandfather, father and mother owned land all the way before 1900, and until
1986 they ran livestock in that valley and owned four or five sections. He said most of the road was built and
maintained or taken care of by his folks until they passed away. He said if it is a public road, it is the
biggest joke he has heard all year. He
said it is a private road and anyone can mess with the map. He said it is a joke the way private
property is abused without considering the owner of the property.
Joseph
Smith, said he is the grandson of Abiathar Richards Sydney Smith. He was known as the sheep-king of the
west. Mr. Smith said he went with his
dad many times when the Nelsons were renting the property to sign the
leases. He said those roads were always
ranch roads to his knowledge. He never
knew the public was up there until the proliferation of RV’s, and now it has
become
very difficult to maintain that property.
He said they spread seed in the summer time to try and regenerate
grasses for grazing. It is very
difficult to control RV’ers. When do
you stop them? They give you false
information or they have no information that you can obtain by way of license
or off-road stickers, and when they go to court it seems like the judges give
them a trespassing fine of $25.00. You
cannot control this vast amount of property.
His family has been involved in the property since the 1800’s. The land was owned by his father and
grandfather.
Skip
Warner said he would like to furnish, as a matter of record for the
Commissioners, a record prepared by the historians at Weber State College. (See
Attachment No.04 – Record Prepared by
Historians) It tells about the
origination of ground, where it came from and how it changed hands from the
railroad to private ranchers. The
county has never owned that property; they never built those roads; and we are
not about to let the County take those roads for their private playground and
destruction of private property. Mr.
Warner also furnished several letters to the Commissioners (See Attachment No.05 – Letters.) One
letter was from Rebecca Smith who was unable to be in attendance, a letter from
Merrill K. Bunker LDS Church representative speaking by authority for the
church property. The LDS church
supports Mr. Warner gating off his property.
Another letter was from Rick Anderson representing Charlene Anderson and
family. Also letters from Greg and Jean
Lowe and Timothy W. Smith. Mr. Warner
said many people have trespassed over this property for years and used the
property. He presented papers that the
public can sign. The picture on the
paper has a rock on it that says “No Trespassing”. If you have gone past the rock, you have trespassed. Mr. Warner said there are papers available
for anyone willing to put a signature on that think they have legally
trespassed. (See Attachment No. 06
Trespassing Papers.) He then
shared some of the damages taking place.
He explained that the road is an offshoot road off the main road of
Willard Peak. He said the damage there is amazing. He showed pictures of the deep ruts. He said his nephew, Russ Lawrence of the DWR, went up there and
on this particular road they wired it back up. They came back down and three
hours later the fence was down again.
The Division of Wildlife Resources with the Forest Service also put in
railroad ties. The ties were vertical
in the ground, and they were taken out.
He said that would have taken a backhoe to take those out. He said that is a federal crime for damaging
federal property.
Mr.
Warner read Denton Beecher’s comments to the Commission taken from Commission
Meeting December 19, 2000. The minutes
read, “Denton Beecher said last week he had a meeting with the Smith and Eccles
Families and they now agree to the road if four conditions are met: (1) an
annual review of the map, (2) all of the other roads on the B System be
vacated, (3) if it doesn’t work, they want the road closed, and (4) the Sheriff’s
Department help to patrol the road on a regular basis. Mr. Beecher mentioned that the vacation of
the other roads should be initiated by the property owners. Mr. Warner said his family has not been
notified of the annual review of the map.
Mr. Warner is asking the Commissioners today that the road be
closed. He said the Sheriff’s
Department does not patrol the area. He noted from the pictures on the
presentation that it was Box Elder’s watershed (the start of it- the head of
it) He said this is what is taking place.
There is absolutely no respect for private property. People do not stay on the roads. It is an absolute mud bath. He asked the Commissioners who is going to
pick up the cost, Box Elder County, ATV Club, The East Access Management Team
to rejuvenate their private property.
Who is going to foot that bill?
He showed there is destruction far and beyond the major roads. He noted that where the public’s rights end,
is
where
the private property begins. He said
they are way off the main roads. There
is destruction to the watershed. He
showed another picture depicting where four-wheelers had gone around the road
that was gated off and created another road.
He continued to show more pictures of property where people had
trespassed. He said people have no
respect for ground. They go down the
ridges or wherever they want to go. He
said after the Commission voted to make this public, they did a lot of work up
there. Signs were torn down and all the
barbwire that we put up was torn down.
He said they went back up and put the barbwire up again, and it was torn
down within three weeks. The
destruction of private property is incredible.
They take rocks that are painted and turn them over or throw them
out. They try and dispose of any signs
on private property. He also submitted
to the County Commission a letter submitted in 2002. They resubmitted the letter (See Attachment No. 07 – Letter.)
asking the Commission to vacate the road.
He said it is private. It has been private all the years even though
people have trespassed and tried to claim it as their personal property. He said they are asking the County to vacate
the road.
Bret
Selman is concerned about what has happened in the past. They are concerned about what are our rights,
what are your rights. Can you take a
road across our private ground that did not exist before? Mr. Selman said in his case the motorized
travel is the problem. We do not want
to close the Rocky Dugway to the public.
He said they just want to close the road to motorized travel. People from Mantua enjoy the road, and they
should continue to enjoy it, but they should not tear it up. He said they just want to close it to motorized
travel.
Skip
Warner said concerning the church, they want the road closed. They have had vandalism to their sheds. The locks are shot off. They have youth up there. They have to guard the gate down below. They have had their picnic tables burned and
the church is with them 100%. He said
what has happened is injustice. He
thinks when the East Access Management Team was put together, there were 20
people on the Team and not one landowner from this area, which is the east, was
even involved in this due process. He
said you had a surveyor that had a conflict of interest. He is on the east access management, and he
is also your surveyor and that is conflict of interest. He said they ask for the Commission’s
consideration so they can do it without having to go to other steps because
they do not think it will be right for the county to incur those expenses, and
consider all the damage that has been done not to just their property but to
the upper watershed of Box Elder. He
said to consider the wildlife issues; there is Sharp Tail Grouse and historical
lex that were between the corrals and public road canyon, and if they are
damaged in any way, shape or form that is very important to the state. He appreciates their consideration.
Sherill
Summers, owner of land in Clay Valley, Sink Hole and Devil’s Gate, said they
have a lot of trespassers of ATV’s who cut the fence and leave the gates open
and go through the mud holes. He said
it is a continual problem. He would
like to see the road closed.
Russ
Lawrence, part of Smith Family, said he took the pictures for the power point. He has taken pictures for years. He works for the Division of Wildlife, but
he is not representing the Division of Wildlife today. He said the only reason the family became
aware of what was going on was because of his involvement with the County Wetland’s
Plan which he was heavily involved in.
He had a lot of discussions with Jerry Mason. He told Jerry that he needs to talk to the family, and he stated
that
there
are a thousand landowners to contact.
Mr. Lawrence told Mr. Mason that there are not a thousand
landowners. He said there are only a
handful of landowners. He said as time
went on he was watching to see what was progressing and one thing he did say
was the only way we will give it up on the East Access Management Plan is if
your family threatens a lawsuit. Mr. Lawrence and Skip Warner met with Denny
Beecher on November 21, 2000. The one
thing that Mr. Beecher said is that the road was always closed and always
posted. Mr. Lawrence said the family
felt pretty good at how things were going and didn’t feel like they needed to
press it but obviously we do. The
damage is occurring. There are some
good people who respect, but there are a lot that don’t.
Chairman
Hansen thanked the landowners for their participation and said the Commission would
take it under advisement.
Commissioner
Davis wanted to respond as a Commissioner.
He said the agenda item itself was not very clear in terms of describing
what presentation would be made today.
He said it says, Discussion/Class D County Road Above Mantua – Bret
Selman. He said from that he would
assume they would be discussing the Rocky Dugway Class D Road above
Mantua. He said we were provided no
backup support, no supporting documentation, no agenda item, and no indication
that we were going to talk about Devil’s Gate or anything else. There has been miscommunication on the
front-end in not properly advertising what the presentation would be
today. Commissioner Davis said we have
two separate issues. On Rocky Dugway,
Commissioner Hansen said we are going to take it under advisement. On July 29, 2003 we took it under advisement
and referred it through our general plan.
We have a process for vacating a road.
We referred it to the Access Management Team and the Planning
Commission. The Access Management Team
and the Planning Commission both came back with the same recommendation, that
the petition to vacate be denied. By
the very filing of the vacating petition there is some acknowledgement that
there was a county road that existed.
The deeds themselves describe the county road. Commissioner Davis said the legal descriptions are in place. He said we have received a legal opinion
that the Rocky Dugway, the one that goes through Section 30 and the one that
goes through Section 31; both three-mile and four-mile are county roads. He said we adopted the Access Management
Plan with Resolution 04-13. He said he
knows that mapping can always be contested, but the issues regarding the Rocky
Dugway and the Selman’s petition have been taken under advisement, and you
haven’t liked the response that came back.
He is the only Commissioner that has not declared a conflict in this
regard. He thinks what we should do as
far as this is concerned, is we should request a preliminary title report and
have an independent survey done, and we can determine without legal action if
this is a county road or not. He said
it is easy enough to do. Commissioner
Davis said the second thing is Devil’s Gate. He said this is the first time the
Commissioners have received this petition for vacation. He said there is a process for handling this
petition under our general plan. The
criteria for vacation is outlined in the general plan and the process is also
outlined. It is referred to the Access
Management Committee and the Planning Commission. The criteria for vacation reads as follows: “the road did not provide public access to
private lands, will not create a hardship for users if it is vacated,
landowners will accept all liability for its use. All property owners agree to being the only ones that will use
said road. It is not traversable by
conventional vehicles with four wheels. There is an alternate route which can
better serve the area of concern”.
Commissioner Davis said under the Utah Association of
Counties,
their position is that the County should be the principal defenders of the
public’s rights to access public land.
The whole reason why Commissioner Davis is fighting to keep these roads
open is to provide public access to public lands. He said that is our charge as Utah Counties. He said we can now take it under advisement,
but he thinks we have a case history developed on Rocky Dugway. We can
follow-up and we can request preliminary title report and we can request an
independent survey. He said on the Devil’s
Gate petition we can refer it to the Access Management Team and the Planning
Commission as is outlined in our own procedures under the general plan and that
would be his motion that we actually do that.
Skip
Warner said they brought this before all parties involved a couple of years
ago, and they said the petition hasn’t closed.
We are not about to petition to ask for road vacation because that is
admitting that it is not our road. He
said they would not file a petition.
They will just have to file legal action. He said his particular road in Devil’s Gate does not help you
access public grounds. There are all
sorts of ways to access public grounds through Liberty-Avon way. That is no excuse to trespass private
property. They will not file a petition
with the Commissioners to vacate the road because that is admission of
guilt. He said they told the County
Attorney two years ago that same statement.
Chairman
Hansen declared this issue is closed.
Commissioner Davis made a motion to
request a preliminary title report and conduct an independent survey. Chairman Hansen did not allow a second to be
made and cancelled any further discussion.
BEAR RIVER CARE CENTER FINANCIAL REQUEST – COMMISSIONERS
County Auditor Roger Handy said the opinion of the state auditor was that carpet is a capital item only if it extends the life of the building. The state auditor did not believe it was a capital item and County Auditor Roger Handy does not believe it is a capital item. The contract indicates capital items and buildings, and the only money the Bear River Care Center gives the County is $24,000 a year. He does not feel the County is obligated to give all the money back for whatever reason they think of six months after they have already made the purchase.
MOTION: A motion was made by Commissioner Davis to accept the recommendations of the County Auditor to deny the request. The County Auditor has done the research on the contract and the definition of a capital expenditure and that we follow-up and do some training with the Bear River Care Center Personnel to identify what are capital expenditures and how do we comply with our contract. The motion was seconded by Commissioner Rees and unanimously carried.
STORM WATER MASTER PLAN – GARTH DAY
County Planner Garth Day said the storm water master plan for the South Willard Community Plan was started in 2003 and was completed this week. A copy of the plan has been sent to all of the staff for review. This plan needs to come across the table to accept for review and forwarded on to the Planning Commission. Mr. Day said the aerials in the plan were flown and updated in 2004. The goal is to not just get the specific engineering but to get GIS data to add to the component. The storm water plan is important as well as the mapping data. He said this will come as an appendix to the Community Plan in South Willard.
MOTION: A motion was made by Commissioner Davis to accept the South Willard Area Storm Drain Adequacy Study and refer to the Planning Commission. The motion was seconded by Commissioner Rees and unanimously carried.
SECOND PUBLIC HEARING FOR CDBG – GARTH DAY
CDBG Coordinator Garth Day informed the Commissioners that Box Elder County 4-H is looking at the grant for their after school program and literacy is also applying for a CDBG Grant. Mr. Day said prior to an agency receiving funding, the County must hold a second public hearing. The amounts will be addressed. Notice must be given seven days in advance and no more than 14 days.
MOTION: A motion was made by Commissioner Rees to set the public hearing for February 22 at 10:00 a.m. for the CDBG second public hearing. The motion was seconded by Commissioner Davis and unanimously carried.
WARRANT REGISTER –
COMMISSIONERS
The warrant
register was signed, and the following claims were approved for payment: Claims number 35842 thru 35849 in the amount
of $4,402.00. Claims number 35850 thru
35915 in the amount of $208,129.24.
PERSONNEL ACTIONS –
COMMISSIONERS
SHERIFF/CORR: Stephen Earl Francis,
separation, effective 02/05/2005
ASSIGNMENT REVIEW -
COMMISSIONERS
The Commissioners reviewed assignments.
OTHER BUSINESS
Contract Renewal
for Capstone Strategies Regarding Lobbying Services – Garth Day
County Planner Garth Day informed the Commissioners that Box Elder County talked about a two-year deal with Capstone Strategies. Mr. Day wanted to run the contract across the table. He said the bill is moving forward. It is a rural economic development bill that sets up a fund that rural communities third-sixth class can apply for. They are also looking at airport legislation.
MOTION: A motion was made by Commissioner Davis to renew the contract with Capstone
Strategies and authorize the chairman to sign.
The motion was seconded by Commissioner
Rees and unanimously carried.
MOTION: A motion was made by Commissioner Davis that Personnel Director Peggy Madsen be
given authorization annually to make arrangements with Eldon Kimber regarding
his insurance coverage, which is an exception to our policy as long as Peggy
Madsen and Eldon Kimber are in their current positions. The motion was seconded by Commissioner Rees and unanimously carried.
EXECUTIVE SESSION
1. STRATEGY SESSION
FOR “IMMINENT” LITIGATION
2. STRATEGY SESSION TO
DISCUSS THE PURCHASE, EXCHANGE, OR LEASE OF REAL PROPERTY WHEN PUBLIC
DISCUSSION OF THE TRANSACTION WOULD DISCLOSE THE APPRAISAL OR ESTIMATED VALUE
OR THE PROPERTY UNDER CONSIDERATION OR PREVENT THE PUBLIC BODY FROM COMPLETING
THE TRANSACTION ON THE BEST POSSIBLE TERMS
MOTION: At 11:23 a.m. a motion was made by Commissioner Rees to move into an executive
session to discuss personnel issues.
The motion was seconded by Commissioner
Davis, and the motion was unanimously carried.
MOTION: At 11:48 a.m. a motion was made by Commissioner Davis to reconvene into regular
Commission Meeting. Commissioner Rees seconded the motion, and
regular Commission Meeting was reconvened.
Chairman Hansen explained
that imminent litigation was discussed and there was also discussion of
purchase, exchange, or lease of real property.
ADJOURNMENT
A motion was made
by Commissioner Rees to adjourn. Commissioner
Davis seconded the motion, and the meeting adjourned at 11:49 a.m.
ADOPTED AND
APPROVED
in regular session this____day of
February 2005.
_______________________________
Suzanne R. Rees,
Chairman
_______________________________
Clark N. Davis,
Commissioner
_______________________________
Scott Hansen,
Commissioner
ATTEST:
__________________________
LuAnn Adams,
Recorder/Clerk