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MINUTES
BOX
ELDER COUNTY COMMISSION
MAY 31, 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 MAY 31, 2005. The following members were present:
Scott Hansen Chairman
Clark N. Davis Commissioner
Suzanne R. Rees Commissioner
Diane Fuhriman Deputy
Recorder/Clerk/Surveyor
EXCUSED: LuAnn
Adams Recorder/Clerk/Surveyor
The following items were discussed:
1.
Discussion Of ATV Ordinance
– Amy Hugie/Sheriff Jensen
2.
Bird Refuge – John
Collom
3.
South Willard Advisory
Committee Report/Request Regarding Sewer Feasibility – Garth Day
4.
Reagan Outdoor
Advertising Proposed Billboard Locations – Garth Day
5.
Assignment Review –
Commissioners
6.
Staff Reports
7.
Correspondence
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
Diane Fuhriman Deputy
Recorder/Clerk/Surveyor
EXCUSED: LuAnn
Adams Recorder/Clerk/Surveyor
The prayer was offered by Commissioner Rees.
APPROVAL OF MINUTES
THE MINUTES OF THE REGULAR MEETING OF MAY 24, 2005
WERE APPROVED AS AMENDED ON A MOTION AS WRITTEN BY COMMISSIONER DAVIS, SECONDED BY COMMISSIONER
REES AND UNANIMOUSLY CARRIED.
AGENDA: ATTACHMENT NO. 1
FLOODING CONCERNS 13600 NORTH – RON KING/PHILLIP LEE
Ron King introduced himself,
Mart Anderson, Dee Brown, and Phillip Lee who are all residents of 13600 North
in Garland. Mr. King stated they have
visited the inlets and outlets of the drains and have found 3-5 places that
need to be dug out. They are looking to
the County for assistance with a backhoe and possibly a camera to find out what
is in the drains. Phillip Lee stated the
problem is insufficient drainage. The group presented a map of approximately 30
homes that have suffered damage from the flood. They have identified at
least four areas where the pipes have been reduced in size or are damaged to
the point they do not allow the flow that needs to come off the valley and go
into the Malad River. Some of the pipes have been mangled on the end or
crushed, others are blocked off. There
are other spots down by the river where the banks are eroding and need concrete.
Commissioner Rees stated she
has visited these homes and can testify that these homes have suffered
significant damage. County Road Supervisor, John Collom has also visited this
area and repaired some of the damage, some of which was caused by tree
roots. He said the pipe on the north
side of the road only had a trickle coming out of it during the floods. He is unsure what it would take to clean
these pipes out.
The area is also being
inundated with mosquitoes since the flooding. Commissioner Rees suggested mosquito
abatement should be made aware of the problem with the mosquitoes so they can
treat the area.
Chairman Hansen would like
to have a better map so the County can lock into the key areas of where the
damage is. Ron King said he has talked with Stan Clark who has mapping skills
and has offered his services doing map work.
Commissioner Rees said there
is a window of opportunity available to get help from the state. Someone from Senator Bennett’s, Senator
Hatch’s, Congressman Bishop’s and Governor Huntsman’s office, the NRCS, and
FEMA is coming to evaluate the damage in this area tomorrow June 1.
MENTAL HEALTH CONTRACT – AMY HUGIE
County Attorney Amy Hugie and
Mick Pattinson from Bear River Mental Health have reviewed the contract regarding
Bear River Mental Health, the Interlocal Agreement and the Resolution which
adopts the contract. Attorney Hugie recommends the Commission sign the three documents.
MOTION: A motion was made by Commissioner Rees to accept the mental health
contract for a period of five years, the revised interlocal agreement and the
updated resolution. The motion was seconded by Commissioner
Davis and unanimously carried.
SAFETY COMMITTEE APPOINTMENT – MONTE MUNNS
MOTION: A motion was made by Commissioner
Davis to appoint Donnie Tarver to the Safety Committee. The motion was
seconded by Commissioner Rees and
unanimously carried.
APPROVAL OF TAX SALE RESULTS – ROGER HANDY
Roger Handy, County Auditor,
presented the results of the annual tax sale held on the 26th of May.
Mr. Handy stated the gentleman with the winning bid for tax parcel #03-034-0048
did not come back and pay the monies due. That parcel and the other parcels
that were not sold will become the property of the County.
MOTION: A motion was made by Commissioner Davis to approve the delinquent
tax sale results from May 26, 2005 in the amounts reported on the attached
schedule and that tax parcel #03-034-0048 be struck to the County. Commissioner
Rees seconded the motion and the motion unanimously carried.
(See Attachment No. 02 – Delinquent Tax Sale Results.)
ANIMAL CONTROL – JEFF FLINDERS
Jeff Flinders lives in South
Willard. Mr. Flinders son, Cayson, was
riding his bike in the South Willard area when a chocolate lab weighing 80-85
lbs. came out of a yard and chased his son on his bike. Cayson’s bike skidded; he fell off the bike,
broke his arm, chipped his tooth, cracked another, and skinned his knees. Many of Cayson’s summer activities are now
cancelled due to his injuries.
His bike was also ruined and
has suffered nightmares from the incident.
Mr. Flinders is questioning
if there is a County ordinance in place that keeps animals on a leash. He contacted the Sheriff’s Department at
the time of the incident. Deputy Lynn Yeates stated there is a vicious dog
ordinance in place. Deputy Yeates explained that if an animal comes after or
attempts to attack a person, the Sheriff’s Department can cite the owner. Mr.
Flinders said the owner of the dog was able to restrain the dog before it bit
his son. Deputy Yeates said he would
have the County Attorney Amy Hugie review the situation to see if the dog owner
may be cited under the ordinance.
Commissioner Rees suggested
encouraging neighbors to report these incidences to the Sheriff’s Department.
APPROVAL OF ROBERTS ONE-LOT SUBDIVISION – GARTH DAY
Garth Day, County Planner/Economic
Development Director, presented the Shayne Roberts Subdivision located on State
Highway 30 outside of Snowville. It is
a one lot subdivision containing four (4) acres. Mr. Day said they have complied with all the subdivision requirements.
They will be receiving water from a private well which has been approved by the
state.
MOTION: A motion was made by Commissioner
Rees to authorize the chair to sign and approve the Shayne Roberts Subdivision
on the condition that all required signatures are on the mylar. The motion was seconded by Commissioner Davis and unanimously carried.
SET PUBLIC HEARING FOR CAPENER ALLEY VACATION – GARTH
DAY
Garth Day, County
Planner/Economic Development Director, informed the Commissioners of a request
to vacate a 16ft. alleyway between the properties of Ned Sylvester and Russ Capener. Mr. Day said County policy in the past has
been that everyone who has an interest in vacating the alleyway signs on the
petition to vacate. There is a four
week public hearing process and Mr. Day is requesting the Commissioners set the
public hearing for Tuesday July 5, 2005 and authorize the County Recorder to set
four consecutive weeks notice in the local paper.
MOTION: A motion
was made by Commissioner Davis to
establish the public hearing at 10:00 a.m. on July 5, 2005 and that all proper
notices be given. The motion was seconded by Commissioner
Rees and unanimously carried.
APPROVAL OF FARMS SUBDIVISION PHASE 04 – GARTH DAY
Garth Day, County
Planner/Economic Development Director, presented Phase Four of the Farms in South
Willard Subdivision. In order to submit
the next phase of development, County Ordinance requires 70% of the lots need
to be sold and 100% of the improvements completed. Mr. Day said this
subdivision phase complies with those requirements. There will be 58 homes in all 5 phases of the subdivision.
MOTION: A motion was made by Commissioner
Rees to approve Phase Four of the Farms in South Willard Subdivision and
authorize the chair to sign. The motion
was seconded by Commissioner Davis and
unanimously carried.
PUBLIC HEARING CDBG GRANT FOR PARK VALLEY –
COMMISSIONERS
Commissioner Davis explained
Park Valley has received CDBG grant approval from the BRAG board in the amount
of $35,000, assisting them to acquire a new ambulance. The purpose of the
public hearing is to receive any input regarding the CDBG grant process
specifically relating to the Park Valley Ambulance. Commissioner Davis
commended Michele Green and other volunteers at Park Valley for all their work
in securing these funds. The Commission
applauds their efforts.
Commissioner Davis then declared
the public hearing open for comment. Michele Green stated she felt that the
CDBG was very generous in doing this for them.
She said a lot of people from their office really worked hard to help us
get this together for us quickly. She
appreciates what they have done and how generous they were.
Chairman Hansen said the
amount of activity, the interest and dedication, compared to the number of
people you have to draw from is just one of a kind in this state. He thinks those things helped their cause greatly
and applauds them for it.
MOTION: A motion was made by Commissioner
Davis to close the public hearing.
The motion was seconded by Commissioner
Rees and the motion carried.
(See Attachment No. 03 – Attendance List.)
REAGAN OUTDOOR ADVERTISING LEASE PROPOSAL – GARTH DAY
Garth Day, County Planner/Economic Development
Director, informed the Commissioner that Reagan Outdoor Advertising will be
removing the billboard that is located in the County Courthouse parking lot
adjacent to the Dale Dorius building.
Mr. Day said state law requires when the billboard is removed, the
County allow them to relocate within a mile. He said that is not within our
jurisdiction to do so; however an agreement has been reached that they may
relocate at the County Gravel Pit off of I-84. Craig Toone and Guy Larsen were
in attendance as representatives of Reagan Outdoor Advertising
MOTION: A motion was made by Commissioner Davis to approve the removal and relocation of the
Reagan Outdoor Advertising billboard.
The motion was seconded by Commissioner
Rees and unanimously carried.
WARRANT REGISTER – COMMISSIONERS
The warrant
register was signed, and the following claims were approved for payment: Claims number 37691 thru 37700 in the amount
of $1,519.81. Claims 37701 thru 37799
in the amount of $105,439.96.
PERSONNEL ACTIONS – COMMISSIONERS
SUPPORT SERVICES: Kristen Jones, compensation change,
effective 05/29/2005
FAIRGROUNDS: Westin Shaffer, re-hire,
effective 05/24/2005
ASSIGNMENT REVIEW - COMMISSIONERS
The
Commissioners reviewed assignments.
REVERSE 911 CHECK PRESENTATION – STEVE
RUSH
Steve Rush,
Utah Power, presented the Commissioners with a check in the amount of $5,000
for the Reverse 911 System.
EXECUTIVE SESSION
1.
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
of the property under consideration or
prevent the public body from completing the transaction on the best possible
terms.
MOTION: At 11:25 a.m. a motion was made by Commissioner Davis to move into an executive
session to discuss the purchase, exchange or lease of real property. The motion was seconded by Commissioner Rees and the motion was
unanimously carried.
MOTION: At 12:05 a.m. a motion was made by Commissioner Davis to reconvene into regular
Commission Meeting. Commission Rees seconded the motion, and
regular Commission Meeting was reconvened.
ADJOURNMENT
A motion was made by Commissioner
Davis to adjourn. Commissioner Rees seconded the motion, and
the meeting adjourned at 12:10 p.m.
ADOPTED AND APPROVED in regular session this 7th day of June 2005.
_______________________________
Scott Hansen, Chairman
_______________________________
Clark N. Davis, Commissioner
_______________________________
Suzanne R. Rees, Commissioner
ATTEST:
_________________________________
LuAnn Adams, Recorder/Clerk/Surveyor