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MINUTES
BOX
ELDER COUNTY COMMISSION
JULY 05, 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 JULY 05, 2005. The following members were present:
Scott Hansen Chairman
Clark N. Davis Commissioner
Suzanne R. Rees Commissioner
LuAnn Adams Recorder/Clerk/Surveyor
The following items were discussed:
1.
Nursing Home Fire
Hydrant – Donnie Tarver
2.
Report/Nursing Home –
Garth Day
3.
Parades – Lorna
Ravenberg
4.
Permit Review – Gina
Allen
5.
Assignment Review –
Commissioners
6.
Staff Reports
7.
Correspondence
The work session adjourned at 8:53 a.m.
Chairman Hansen called the regular session to order 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/Surveyor
Chairman Davis offered the prayer.
APPROVAL OF MINUTES
THE MINUTES OF THE REGULAR MEETING OF JUNE 28, 2005
WERE APPROVED ON A MOTION BY COMMISSIONER
DAVIS, SECONDED BY COMMISSIONER REES WITH
THE FOLLOWING CORRECTIONS: CHAIRMAN
HANSEN CALLED THE MEETING TO ORDER, ON PAGE THREE THE MOTION TO APPPOINT CHAD
MUNNS TO THE PLANNING COMMISSION WAS SECONDED BY COMMISSIONER REES AND ON PAGE
4 UNDER EMERGENCY MANAGEMENT INTER-OPERABILITY NATHAN HAMMER WAS ASKED TO
REVIEW THE NEXTEL SYSTEM AS PART OF THE ONGOING EVALUATION OF CELLULAR
SERVICE. CHAIRMAN HANSEN ABSTAINED FROM
VOTING.
AGENDA: ATTACHMENT NO. 1
FOLLOW-UP BUSINESS
Environmental Issues will be discussed at the July 07,
2005 meeting in Richfield, Utah. Donnie
Tarver will attend. Commissioner Rees
will try to be in attendance.
County Planner Garth Day said the County has received a letter from
Avalon Health Care Inc. indicating their intent to purchase the Pioneer Care
Center based on the fair market value.
A letter has been drafted that accepts the offer and starts the ball rolling. He said the fair market value is $1.2
million.
(See Attachment No. 2 – Letter.)
MOTION: A motion was made by Commissioner
Rees to allow Chairman Hansen to sign the County’s letter of acceptance
to Avalon Health Care Inc.’s offer. The
motion was seconded by Commissioner Davis
and unanimously carried.
County
Assessor/Treasurer Monte Munns said the Emergency Management Services Committee
had a demonstration by Pictometery of aerial photos that could be used by the
Emergency Management Services Committee, Emergency Response Planning and the
Assessor’s Office for appraisals. Mr.
Munns said the demonstration was good, and he would like to schedule a meeting
for July 27 with the Mayors to see if they are interested in participating.
Sheriff Jensen and
Corrections Officer Sandra Huthman gave the Commissioners an amendment to the
inmate telephone services contract for pay telephones and/or inmate telephone
service. Sandra said the visitation booths would be
recorded. The County revenue from each
inmate telephone will increase from 38% to 43%.
Sheriff Jensen said they use
some of the funds to buy TVs and anything that would benefit inmates like
programs and commissary items. Sheriff
Jensen said County Attorney Amy Hugie has approved the amendment.
MOTION: A motion was made by Commissioner
Rees to approve the amendment to the inmate telephone service contract,
effective through November 8, 2006. The
motion was seconded by Commissioner Davis
and unanimously carried.
ANIMAL CONTROL AGREEMENT – COMMISSIONERS
Brigham City
Police Lieutenant Mike Nelsen presented an agreement for animal shelter
services. Lt. Nelsen said the agreement
is a pay-as-needed agreement. The fees
were unchanged from prior agreement.
MOTION: A motion was made by Commissioner Davis to approve and authorize Chairman Hansen to
sign the Animal Control Services Agreement with Brigham City Corporation
effective, July 1, 2005-June 30, 2007.
The motion was seconded by Commissioner
Rees and unanimously carried.
APPROVAL OF MARSH POINT SUBDIVISION – GARTH DAY
County Planner Garth Day
stated the Marsh Point Subdivision is a two-lot subdivision located at about
6853 South Hwy 89. The property is
currently zoned RR-20. Each lot
contains 20,000 square feet. The
petition has established proof of all utilities. 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 recommended approval
of the subdivision.
MOTION: A motion was made by Commissioner
Rees to approve the Marsh Point Subdivision and authorize Chairman
Hansen to sign the plat. The motion was
seconded by Commissioner Davis and
unanimously carried.
APPROVAL OF TWIN LAKES RANCH #04 SUBDIVISION – GARTH
DAY
County Planner Garth Day
stated that Twin Lakes Ranch 04 Subdivision is a one-lot subdivision located at
about 13944 North 3100 West in the Collinston Area. The property is currently zoned RR-2. The petitioner has established proof of utilities. Water service will be a well located on the
property. The petition is in accordance
with existing subdivision ordinance and zoning requirements. The Planning Commission recommends granting
approval for Lot 06.
MOTION: A motion was made by Commissioner
Davis to approve the Twin Lakes Ranch 04 Subdivision and allow Chairman
Hansen to sign the plat. The motion was
seconded by Commissioner Rees and
unanimously carried.
APPROVAL OF STEVENSON FARMS PHASE II – GARTH DAY
County Planner
Garth Day stated that the Stevenson Farms Subdivision Phase 02 is a subdivision
that contains 27 lots and is located at or about 1000 West 12250 North in the
Bothwell area. Mr. Day explained that
the land use code limits any phase to 25 lots.
This proposal includes 27 lots. The Planning Commission waived the
25-lot maximum per phase based on the unique situation, and it will also
provide a loop service for the water.
Water is provided by Bear River Water Conservancy District. Zoning is RR-5 and all the lots meet the
minimum requirements. Mr. Day pointed
out that each individual landowner is responsible for storm water on the site. The
Planning Commission recommends approval.
MOTION:
A motion was made by Commissioner Davis
to approve the Stevenson Farms Subdivision Phase 02 and authorize Chairman
Hansen to sign the plat. The motion was
seconded by Commissioner Rees and
unanimously carried.
APPROVAL OF SUNSET VIEW ESTATES – GARTH DAY
County Planner Garth Day said the Sunset View Estates Subdivision
contains 14 lots and is located at about 7935 South Hwy 89 in the South Willard
area. The property is currently zoned R-1-20. The petition appears to be in accordance
with existing subdivision ordinance and zoning requirements. Mr. Day said there are two detention basins,
and they are working with the Flood Control District to insure the size of the
detention basin is correct. Planning Commission recommends granting final
approval.
MOTION: A motion was made by Commissioner
Rees to approve the Sunset View Estates Subdivision and allow Chairman
Hansen to sign the plat. The motion was
seconded by Commissioner Davis and
unanimously carried.
APPROVAL OF DEER RIDGE PHASE II – GARTH DAY
County Planner Garth Day
stated that the Deer Ridge Subdivision Phase II contains 10 lots and is located
at or about 7900 South Hwy 89 in the South Willard Area. The property is currently R-1-20. Mr. Day said there is a detention basin
located on one of the lots and the other nine lots will be able to be built
upon. The Planning Commission has given
their approval.
MOTION: A motion was made by Commissioner
Davis to approve the Deer Ridge Phase II Subdivision and allow Chairman
Hansen to sign the plat. The motion was
seconded by Commissioner Rees and
unanimously carried.
APPROVAL OF DEER RUN SUBDIVISION – GARTH DAY
County Planner Garth Day
said the Deer Run Subdivision contains 23 lots and is located at or about 8000
South 925 West in the South Willard Area.
The property is currently zoned R-1-20.
The subdivision has been reviewed and approved by both the South Willard
Water Company and Willard Flood Control.
The petition is in accordance with existing subdivision ordinances and
zoning requirements, and the Planning Commission recommends approval.
MOTION: A motion was made by Commissioner
Rees to approve the Deer Run Subdivision and allow Chairman Hansen to
sign the plat. The motion was seconded
by Commissioner Davis and unanimously
carried.
PROMONTORY LANDFILL LLC – GARTH DAY
County Planner Garth Day
said Promontory Landfill LLC has asked for an extension on their conditional
use permit for a commercial landfill.
Mr. Day said in 2003 the County was petitioned for a conditional use
permit on Promontory Point. There are
2000 acres, one thousand (1,000) acres for the actual site and one thousand
(1,000) acres to be used as a buffer zone.
The area is currently un-zoned.
In 2003 the County spent 6-8 months reviewing the request and a series
of public hearings were held. On July
22, 2003 the County Commission authorized the conditional use permit for the
facility. One of the conditions was a
two-year limitation. Mr. Day said
Promontory Landfill LLC’s CUP will expire July 23, 2005. Box Elder County’s Land Use Code allows for
the extension. The conditional use
permit was granted in 2003 with the following conditions:
(1)
All State, Federal and Box Elder County requirements that related to the citing
of the landfill be continuously met;
(2)
The petitioner submit to all requirements of the Site Plan review prior
to final approval of the project;
(3)
The BRHD approve the culinary water and septic system feasibility for the
area;
(4)
The co-operative inter-local agreement and/or agency (Governing Board)
that will oversee the proposed project be established prior to issuance of the
CUP;
(5)
If proposed landfill is not in operation within two (2) years from the
date of approval by the County Commission, the CUP shall become void;
(6)
The operation shall be limited to a Class 1 solid waste facility. The facility is restricted from application
as a commercial waste facility;
(7)
Access to the site shall be limited to the railroad causeway or the GSL
causeway. No access shall be allowed on
existing county roads;
(8)
The petition shall submit an operational timeline outlining a projected
construction schedule;
(9)
The operation shall comply with all applicable Box Elder County
ordinances, standards and fees.
The conditions have remained
the same except the CUP has expired.
Mr. Day said the Planning Commission reviewed the request in their last
meeting. The only issue was access on
the railroad causeway or the GSL causeway.
MOTION: A motion was made by Commissioner
Rees to renew the Promontory Landfill Conditional Use Permit for two
years, effective July 23, 2005-July 24, 2007.
The motion was seconded by Commissioner
Davis and unanimously carried.
PUBLIC HEARING/VACATION OF ALLEYWAY IN RIVERSIDE AREA
– COMMISSIONERS
Chairman Hansen declared the
public hearing for the vacation of an alleyway in the Riverside Area open at
10:00 a.m.
(See Attachment No. 3 –
Attendance List.)
County Planner Garth Day
explained that the petition is to vacate an alleyway at 15500 and 15600 North
in the Riverside Area. He said many
years ago Riverside was platted with lots and blocks and the alleyways were
dedicated. Most of the roads have never
been developed, but they have been dedicated.
He said the Rigby and Sylvester properties are petitioning to have the
alleyway vacated.
The Planning Commission reviewed
the vacation back in May. The vacation
has been noticed in the paper for four consecutive weeks. One of the questions asked, “is there a
prevailing public interest in keeping it open”. Mr. Day said it is meant for private use and not accessible to
the public.
Chairman Hansen opened the
public hearing to the public.
Jay MacFarlane owns property
south of the alleyway and is concerned about his irrigation ditch and
irrigation right. After looking at a
map Mr. MacFarlane determined that the vacation of the alleyway would not
affect his irrigation.
MOTION: A motion was made by Commissioner
Davis to close the public hearing.
Commissioner Rees seconded the
motion, and the motion was unanimously carried. The public hearing was closed
at 10:09 a.m.
MOTION: A motion was made by Commissioner
Davis to request an ordinance be drawn up and placed on the Commission
Agenda for July 12. The motion was
seconded by Commissioner Rees and
unanimously carried.
SET PUBLIC HEARING FOR BEAVER DAM RE-ZONE – GARTH DAY
County Planner Garth Day
said the area for re-zone in Beaver Dam is south and west of 400 West Street.
The north boundary is bound by the “Old Dairy Road”, over to the half section
line; going south to the section line, and following along the County boundary
line on the east side. There are
approximately 146 acres included in the area.
Several property owners are listed in the area. There are a couple of non-conforming uses,
and the current zone for the area is MU-40.
An area in the southeast portion of the proposed re-zone area was at one
time zoned as P-1. The P Zone has since
been revoked and has converted back to the MU-40 zone.
Mr. Day said at this point
it is appropriate to re-zone this area because of several nonconforming uses in
the area, as well as consistency with the other zoning in the area. The other area along 400 West Street and the
road extending further northwest is already zoned RR-2.
The Planning Commission
recommends re-zoning. The Leola
Erickson Family has expressed concern over re-zoning their parcels since they
do not have any plans for development.
MOTION: A motion was made by Commissioner
Rees to set a public hearing for the re-zoning in Beaver Dam for August 9
at 10:00 a.m. 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 38250 thru 38361 in the amount
of $397,950.40.
PERSONNEL ACTIONS – COMMISSIONERS
ROAD DEPT: Preston Steed, new hire,
effective 07/05/2005
The
Commissioners reviewed assignments.
EXECUTIVE SESSION
MOTION: At 10:28 a.m.
a motion was made by Commissioner Davis
to move into an executive session to discuss litigation. Commissioner
Rees seconded the motion, and the motion was unanimously carried.
MOTION: At 10:55 a.m. a motion was made by
Commissioner Rees to reconvene into regular Commission Meeting. Commissioner Davis seconded the motion, and
regular Commission Meeting was reconvened.
Chairman Hansen explained that litigation issues were
discussed during the executive session.
ADJOURNMENT
A motion was made by Commissioner
Rees to adjourn. Commissioner Davis seconded the motion, and
the meeting adjourned at 10:55 a.m.
ADOPTED AND APPROVED in regular session this 12th day of July 2005.
_______________________________
Scott Hansen, Chairman
_______________________________
Clark N. Davis, Commissioner
_______________________________
Suzanne R. Rees, Commissioner
ATTEST:
_________________________________
LuAnn Adams, Recorder/Clerk/Surveyor