Minutes of Board of County Commissioners Millard County the 6 Day of October 2020 at the Courthouse, Fillmore, Utah Present
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MINUTES OF BOARD OF COUNTY COMMISSIONERS MILLARD COUNTY THE 6th DAY OF OCTOBER 2020 AT THE COURTHOUSE, FILLMORE, UTAH PRESENT: Evelyn Warnick. Chairperson Wayne Jackson.. Commissioner Dean Draper. ..Commissioner Pat Finlinson. County Attorney Jamie Hair . Deputy Clerk EXCUSED: Marki Rowley. County Clerk ALSO PRESENT: Richard Beckstrand . IT Supervisor Rob Clark.. Millard County Sheriff’s Office Eva Timothy and Kalen Taylor. USU Extension Robert Stevens. Weed Department Sheri Dearden.. County Treasurer Bonnie Smith and Vickie Bennett. Auditor’s Office Pat Manis and Susan Wilcox. Assessor’s Office Adam Richins.. County Planner Connie Hansen.. County Recorder PURSUANT TO AN AGENDA WHICH HERETOFORE HAD BEEN PROVIDED TO each member of the governing body, posted at the principal office of the Millard County Commission, posted on the Utah Public Notice Website, and provided to the Millard County Chronicle Progress, a newspaper of general circulation within Millard County, Utah, as required by law, the following proceedings were had: PUBLIC WAS WELCOMED The meeting began at 10:00 a.m. after a brief welcome by Commissioner Warnick to the public and Commission members. OPENING STATEMENTS Commissioner Warnick excused Clerk Rowley and asked if anyone had an opening statement to give. Commissioner Warnick said the invocation. Everyone stood and said the Pledge of Allegiance to the Flag. APPROVAL OF SEPTEMBER 15, 2020 COMMISSION MINUTES 10062020MCC:jh 1 The proposed minutes of a regular County Commission meeting held September 15, 2020 were presented for consideration and approval. Following review and consideration of minor corrections, Commissioner Jackson made a motion to approve the minutes of September 15, 2020, as corrected. Commissioner Draper SECONDED the motion. The voting was unanimous and the motion carried. FOLLOW UP ACTION ITEMS FROM SEPTEMBER 15, 2020 There were none. RATIFY THE APPROVAL OF AN MOU WITH THE TOWN OF OAK CITY Commissioner Jackson made a motion to ratify the approval of an MOU with the Town of Oak City. Commissioner Draper SECONDED the motion. The voting was unanimous and the motion carried. DISCUSSION AND POSSIBLE APPROVAL OF A BUSINESS LICENSE FOR VALLEY WIDE COOPERATIVE, INC - OWNER, DALE DYER A business license application was presented for Valley Wide Cooperative, Owner - Dale Dyer, an agronomy business. After review of the application and finding all signatures in order, Commissioner Jackson made a motion to approve a business license for Valley Wide Cooperative, Owner - Dale Dyer. Commissioner Draper SECONDED the motion. The voting was unanimous and the motion carried. DISCUSSION AND POSSIBLE APPROVAL OF A BUSINESS LICENSE FOR SOUTH TRACK APPAREL - OWNER, AIMEE AITKEN A business license application was presented for South Track Apparel, Owner - Aimee Aitken, an online clothing business. After review of the application and finding all signatures in order, Commissioner Jackson made a motion to approve a business license for South Track Apparel, Owner - Aimee Aitken. Commissioner Draper SECONDED the motion. The voting was unanimous and the motion carried. DISCUSSION AND POSSIBLE APPROVAL OF A CELL PHONE AGREEMENT AND CREDIT CARD FOR KALEN TAYLOR - USU EXTENSION Eva Timothy introduced the new County AG Agent, Kalen Taylor, and asked that he be given a $40.00 cell phone agreement and a credit card with a limit of $5,000.00. Commissioner Draper 10062020MCC:jh 2 asked what the credit card limit has historically been. Treasurer Dearden said that it was $3,000.00. Kalen Taylor introduced himself and expressed his desire to serve the community as the AG Agent. The commissioners welcomed him to the County. Commissioner Jackson made a motion to approve of a $40.00 per month cell phone agreement and a credit card with a limit of $3,000.00 for Kalen Taylor - USU Extension. Commissioner Draper SECONDED the motion. The voting was unanimous and the motion carried. DISCUSSION AND POSSIBLE APPROVAL OF A CREDIT INCREASE FOR BOB STEVENS- WEED DEPARTMENT Mr. Stevens said that he has quickly reached the limit on his credit card at the end of the last three seasons. He said that he purchases things like chemicals. He is asking that his limit be increased to $5,000.00. Commissioner Draper said that if the credit limit is increased, the credit purchases will still have to fall within the department’s budget so he doesn’t see an issue with raising the limit. Commissioner Draper made a motion to approve a credit limit in the amount to $5,000.00 for Bob Stevens - Weed Department. Commissioner Jackson SECONDED the motion. The voting was unanimous and the motion carried. DISCUSSION REGARDING THE COUNTY BECOMING A CO-SPONSOR ON THE C-CANAL LINER PL-566 GRANT WITH NRCS - JASON DODD, NRCS Commissioner Draper said that a meeting was held last week with various entities where the project to enclose the C-Canal water in a pipe was discussed. He said that the conversation was similar to what was said at previous commission meetings. Commissioner Draper said that Delta City indicated it would be better for them to be the primary sponsor and that the County would be a suitable co-sponsor. Commissioner Draper said that the Commission received a letter from Styler-Daniels P.C. Law Firm regarding the C-Canal project and read it into the minutes. See attached exhibit A. DISCUSSION AND POSSIBLE APPROVAL OF AN AMENDED JANITORIAL CONTRACT - TAMARA BARTHOLOMEW Commissioner Jackson made a motion to table this item until the October 20, 2020 commission meeting. Commissioner Draper SECONDED the motion. The voting was unanimous and the motion carried. 10062020MCC:jh 3 PUBLIC HEARING FOR THE PURPOSE OF RECEIVING PUBLIC COMMENT ON ZONING ORDINANCE MAP AMENDMENT APPLICATION # Z-2020-021 REQUESTING TO CHANGE THE ZONING OF 40 ACRES OF PROPERTY LOCATED APPROXIMATELY 1.5 MILES NORTHWEST OF SUTHERLAND FROM AGRICULTURE (AG) TO AGRICULTURAL INDUSTRIAL (AI) TO ALLOW FOR THE PERMITTING AND SUBSEQUENT CONSTRUCTION OF A CONFINED ANIMAL FEEDING OPERATION—G&R LIVESTOCK INC., APPLICANT Commissioner Draper made a motion to enter into a public hearing for the purpose of receiving public comment on zoning ordinance map amendment Application # Z-2020-021 requesting to change the zoning of 40 acres of property located approximately 1.5 miles northwest of Sutherland from Agriculture (AG) to Agricultural Industrial (AI) to allow for the permitting and subsequent construction of a confined animal feeding operation—G&R Livestock Inc., applicant Commissioner Jackson SECONDED the motion. The voting was unanimous and the motion carried. The public hearing began at 10:30 a.m.. Present were: Adam Richins, Richard Beckstrand, Bonnie Smith, Vicki Bennett, Rob Clark, and Sheri Dearden. Planner Richins said that this application was made based on the applicant being awarded a BLM contract. He said that they plan to build new facilities within Millard County for wild horses and burros and are requesting to change the zoning on their property from AG to AI which is appropriate for a confined animal feeding operation. He said that this parcel is approximately 40 acres and this application received a favorable recommendation from the Planning and Zoning Commission. Commissioner Draper asked if the owners would continue to raise cattle. Planner Richins said that he understands that they will move solely to horses and burros. Commissioner Draper said that this will be a housing facility not an adoption facility and the traffic on the roads by this operation will be minimal. Planner Richins said that he anticipates an application for a Conditional Use Permit (CUP) regarding this in the near future. There were no other comments made. Commissioner Jackson made a motion to close the public hearing. Commissioner Draper SECONDED the motion. The voting was unanimous and the motion carried. The public hearing closed at approximately 10:37 a.m.. The regular meeting reconvened. DISCUSSION AND POSSIBLE ADOPTION OF ORDINANCE 20-10-06, AN ORDINANCE OF THE MILLARD COUNTY COMMISSION CHANGING THE ZONING OF 40 ACRES OF PROPERTY LOCATED APPROXIMATELY 1.5 MILES NORTHWEST OF SUTHERLAND 10062020MCC:jh 4 FROM AGRICULTURE (AG) TO AGRICULTURAL INDUSTRIAL (AI) Commissioner Draper said that this is within the scope of agriculture that is practiced in Millard County and they are in a proper location for this type of business. Commissioner Draper made a motion to adopt Ordinance 20-10-06, an ordinance of the Board of County Commissioners of Millard County, Utah, changing the zoning of 40 acres of property located approximately 1.5 Miles northwest of Sutherland from Agriculture (AG) to Agricultural Industrial (AI). Commissioner Jackson SECONDED the motion. Deputy Clerk Hair called for a roll call vote. Commissioner Jackson voted YES. Commissioner Draper voted YES. Commissioner Warnick voted YES. The voting was unanimous and the motion carried. PUBLIC HEARING FOR THE PURPOSE OF RECEIVING PUBLIC COMMENT ON APPLICATION #Z-2020-028 TO AMEND THE TABLE OF USES AND ACCOMPANYING USE DEFINITIONS, LOCATED IN TITLE 10, CHAPTER 25, APPENDIX A, OF THE MILLARD COUNTY ZONING ORDINANCE FOR LANDFILLS. Commissioner Draper made a motion to enter into a public hearing for the purpose of receiving public comment on Application #Z-2020-028 to amend the table of uses and accompanying use definitions, located in Title 10, Chapter 25, Appendix A, of the Millard County Zoning Ordinance for landfills. Commissioner Jackson SECONDED the motion. The voting was unanimous and the motion carried. The public hearing began at 10:45 a.m.. Present were: Adam Richins, Richard Beckstrand, Bonnie Smith, Vickie Bennett, Rob Clark, Kim Rowell, and Sheri Dearden. Planner Richins said that the Millard County table of uses gives definitions and indicates whether land uses are prohibited or allowed in certain areas. He said that the table of uses currently allows for landfills in areas zoned Range and Forest (RF) and Heavy Industrial (HI). He said that this ordinance amending the table to uses will close a loophole and will provide additional direction in these circumstances as the County moves forward.