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NOTICE OF MEETING TO BE HELD IN PUBLIC AND EXECUTIVE SESSION

OF THE MORGAN COUNTY COUNCIL

TUESDAY, SEPTEMBER 19, 2017

5:00 P.M.

MORGAN COUNTY COURTHOUSE

48 WEST YOUNG STREET

MORGAN, UTAH

Except as noted above, times for agenda items are approximate and may be changed as circumstances require. Agenda items may or may not be discussed in the order they are listed. Interested members of the general public are encouraged to remain in attendance for the duration of the meeting in the event discussion of an agenda time begins earlier than listed.

AGENDA

**BUDGET HEARING WILL BEGIN AT 6:00 P.M.**

Call to Order

Prayer & Pledge

Consent Calendar –

• Approval of Agenda

• Approval of Checks

• Assessor - Refund

• Approval of Minutes (9-5-17)

Public Comment Period –

County Vision –

Council Business –

Business –

1. Utah State Tax Commission – Discussion: Training of the Certified Tax Rate setting and Truth in Taxation processes

2. County Council – Discussion/BUDGET HEARING/Decision: To open and make adjustments to Morgan County’s 2017 budget

3. Sid Creager – Discussion/Decision: Request for County Council to request a recommendation from the Planning Commission regarding the formation of a separate Planning Commission for the Mountain Green Area

4. Jacob Rees – Discussion/Decision: Vacating a portion of Highway 30 near Taggarts. There is no safe or legal access to this road

5. Ned Mecham – Discussion/Decision: Renew contract with Robinson waste, no increase in fees (Postponed from 9-5-17 Council Meeting)

6. Ned Mecham – Discussion/Decision: Approval of 2017 Veteran and Blind Abatements

7. John Barber – Discussion/Decision: Recommendation from Public Safety of Morgan County to appoint an applicant to the Wasatch Front Regional Councils Utah Communications Authority Regional Advisory Committee

ADJOURN

Note: The Council may vote to discuss certain matters in Executive Session pursuant to Utah Code Annotated §52-4-205. In accordance with the requirements of Utah Code Annotated §52-4-203 (2)(e)(f), the clerk records in the minutes the names of all citizens who appear and speak at the County Council meeting and the substance “in brief” of their comments. Such statements may include opinion or purported facts. The county does not verify the accuracy or truth of any statement but includes it as part of the record pursuant to state law. In compliance with the Americans with Disabilities Act, individuals needing accommodations (including auxiliary communicative aids and services) during this meeting should notify Tauna MacPherson at (801)845-6091 at least 24 hours before this meeting. Agendas are also posted on the county web site at under ‘Agendas & Notices’ and on the Utah Public Meeting Notice website at .

Date Posted September 14, 2017

Time Posted: 12:15 P.M.

Posted by: Tauna MacPherson

NOTICE OF MEETING TO BE HELD IN PUBLIC AND EXECUTIVE SESSION

OF THE MORGAN COUNTY COUNCIL

TUESDAY, SEPTEMBER 19, 2017

5:00 P.M.

MORGAN COUNTY COURTHOUSE

48 WEST YOUNG STREET

MORGAN, UTAH

Except as noted above, times for agenda items are approximate and may be changed as circumstances require. Agenda items may or may not be discussed in the order they are listed. Interested members of the general public are encouraged to remain in attendance for the duration of the meeting in the event discussion of an agenda time begins earlier than listed.

AGENDA

Members Present Others Present

Ned Mecham, Chair Debbie Sessions

Daryl Ballantyne Devin Murphy

Tina Cannon Zane Gray

John Barber Kera Birkeland

Robert Kilmer Jim Nickerson

Austin Turner Jacob Rees

Sid Creager

Members Excused Josh Nielsen

Roland Haslam Matt Hurst

Other Staff Present

Tauna MacPherson, Human Resource Manager

Jann Farris, County Attorney

Brenda Nelson, County Recorder

Bonnie Thomson, County Treasurer

BUDGET HEARING WILL BEGIN AT 6:00 P.M.**

Call to Order by Member Mecham at 5:04 pm

Prayer & Pledge by Member Daryl Ballantyne

Consent Calendar –

Approval of Agenda

Approval of Checks

Assessor - Refund

Approval of Minutes (9-5-17)

Motion to approve the consent calendar by Member Barber. Second by Member Cannon. The vote was unanimous. The motion passed.

Public Comment Period –

Devin Murphy – Rob Bishop’s Ogden Office: Introduced himself as the liaison for Morgan County and will provide contact information to the council.

County Vision – None

Council Business –

Tina Cannon – Attended the Economic Development meeting with rural counties. Went through the playbook to give a top priority list for rural Utah to the Governor. Separated the top priorities into Legislative and Rural Utah. The legislative top four priorities are RFT or BEAR funds fully funded, rural business tax incentives, ED and TIF reform and BRC outreach for rural infrastructure. Governor priorities being income tax incentives for the rural counties. Economic Development training for leadership, support business entrepreneurship, information technology or silicone slopes to rural Utah partnerships. Met with Diane McGuire with UDOT regarding our upcoming meeting on Oct. 12th and 13th, firmed up our presentation for the transportation commission and tour. Attended the Northern Utah Legislators Meeting. Toured the Uintah Fire with Boyd Carrigan. Meeting at 6:00 pm this Thursday 9-21-17 at Kent Smith Park to discuss plan if it had happened in Mountain Green and the lessons learned from the fire. Planning Commission met and shared concerns over Mountain Green City Center. Went to Fillmore to attend a Transportation Commission meeting. There is a big push from the legislature regarding affordable housing. Spoke to John Thomas with UDOT regarding the 100M of money set aside to be used for transportation improvements by the transportation commission, with significant economic impact associated with recreation and tourism. Money was allocated the night of the Transportation Commission meeting which leaves 97.5M left for recreation driven funding. Contacted by Jan Zogmaister regarding nominations for mother of the year. American Mothers Utah has changed their boundaries from county to regions so Weber and Morgan counties are considered Region 2.

John Barber – Legislative Tour: talked about several items and they were extremely excited to hear about our Rural Planning Organization (RPO). It shows where two counties can work together, it really speaks well to the legislature. Jerry Stevenson gave good feedback regarding the Young Street Bridge, discussed the interchange and it seemed like there was a lot of support. The tour was very positive. Attended the Wasatch Front Economic Development District (WFEDD) meeting, and addressed items that affect Morgan County. Discussed Amazon possibly coming to Utah which will bring 50,000 jobs to the Wasatch Front and 40,000 supporting jobs. If it comes, they are worried about affordable housing for their employees. If you’re looking at large rural developments, like the Warner Pit or Mountain Green City Center, the WFEDD highly recommends that you put a considerable amount of commercial component in there in order to support the rooftops. GOED is nurturing aerospace companies to Northern Utah. Discussed high tech jobs that are needed today in Northern Utah. Push Weber State to get programs available in order to compete in this industry. Received the BEAR funds contract back for approximately $30,000. The funds will be used for business expansion and development and training.

Robert Kilmer – Discussed that Weber State, along with Morgan, Davis, and Weber school districts received a grant last year and this year is starting an IT program. They are starting kids in high school, in their college classes for an IT program that is a stackable credential that will work up to a Master’s in programming. It is ongoing funding that the schools will receive every year to train teachers and cover all the equipment needed to teach the classes. Are also actively involved in the silicone slopes projects. Weber State headed up the grant and brought the counties into it. Rec Board met, address netting at the recreation complex that was put over the playground, will be pulling it off and rebuilding this fall so that it is safe. RAMP Tax – should they impose a tax for recreation. COG is discussing RAMP Tax also. Dave Maynard will train basketball players for no cost. Asked for available places. Interested in partnering with him to provide the free service but need to find a facility. COG – update on Young Street Bridge, city is looking at multiple funding sources. Hotel update not good – the developer has lost all of his investors, hoping to find some local investors. CDBG – need to prioritize list and it will come forward in October meeting. Discussed new growth in Morgan County.

Ned Mecham – Meeting with Justice Court to discuss their upcoming audit. Judge Brower is doing a great job. UCIP appointment for the November 16th meeting in St. George. Discussed Bayview Landfill.

Daryl Ballantyne – Discussed improvements to Kent Smith Park from an Eagle Scout Project. Attended a UDOT Roadway Management Meeting and the interchange was discussed. Also discussed SR-167, Trappers Loop Project that will take place next summer. It is an 11-mile project and they talked about some FWD testing, which is a falling weight deflecto meter, which evaluates the physical property of the pavement. That is important to Morgan County because when the interchange does go through, the road from the current interchange to SR-167, where it goes up Trappers Loop, will turned over to Morgan County. We want to make sure when they do turn that over it is a good road. Development in Snow Basin will help speed up the interchange. When the interchange does go in the interchange at the top of the canyon will most likely close.

Austin Turner – Attended Weber Human Services Board meeting. They can access more Medicare and Medicaid dollars, but that comes at a cost. We would have to match about 10%. The amount we pay will be increasing this year in order to continue services.

Member Mecham discussed tabling the Budget Hearing.

Motion to table the Budget Hearing to the next council meeting at 6:00 pm by Member Kilmer. Seconded by Member Turner. The vote was not unanimous. Member Cannon was opposed. The motion passed.

Business –

1. Utah State Tax Commission – Discussion: Training of the Certified Tax Rate setting and Truth in Taxation processes

Josh Nielsen – State of Utah Property Tax Administration: Discussed certified tax rates and how they are calculated. Provided a copy of an estimated tax rate for the County. Discussed how the council would estimate a rate for the next year. Discussed two legislative changes. Distributed Calendar Year Entity Property Tax Increase Requirements and timelines that must be met. Provided what a sample Ad would need to look like for publication. Additional discussion was made regarding process.

Discussion Only

2. County Council – Discussion/BUDGET HEARING/Decision: To open and make adjustments to Morgan County’s 2017 budget

Tabled to October 3, 2017 Council Meeting

3. Sid Creager – Discussion/Decision: Request for County Council to request a recommendation from the Planning Commission regarding the formation of a separate Planning Commission for the Mountain Green Area

Presented a request for a second Planning Commission for Mountain Green. Discussed current planning commission and growth in Morgan County. According to the County Assessor, Morgan County currently has a total of 3,666 residential dwelling units. Of that number 1,170 dwelling units reside in Morgan City boundary while 1,159 dwelling units reside within the Mountain Green township. That is a difference of just 11 residential homes. Nearly 64% of the total population of Morgan County lives within these two geographical locations. By the end of this year he believes that the residential population of Mountain Green will surpass that of the incorporated area of Morgan City. In the last seven years Mountain Green’s growth represents over 65% of the total growth that has taken place in Morgan County. Assuming that the current rate of growth is maintained, and that the growth distribution throughout the county goes unchanged, when the 2020 census takes place in 2.5 years, the redistricting of Morgan County for voting purposes will warrant two districts being relocated in the Mountain Green township alone. Two seats on the county council, not including the two at large seats, will be representing citizens of Mountain Green. Discussed school districts current issues with growth. Discussed the current planning commission has representation from each of the area plans throughout the county. It is effective because no area is being completely overlooked. However, with seven members serving, each individual represents approximately 14.3% of the community. The challenge is that only one of the seven areas, within the unincorporated parts of the county, is responsible for over 65% of the total growth. The other six areas combined experience half the growth of Mountain Green alone. The current planning commission spends a disproportionate amount of time focused solely on the challenging growth issues of just one area plan. His proposed plan would allow current planning commission to focus their time and effort on the remaining six area plans of the community. The burden the growth places upon a commission would be distributed over two bodies rather than one. A second planning commission would provide the citizens of Mountain Green the opportunity to give public service, it would provide jurisdictional review by local citizens that are more familiar with the area where they live, future land use maps, area plan updates and recommended zoning law improvements would be

managed by local citizens within the area where the growth is taking place, allowing for more relevant information in the decision making process. Planning and Development Services staff would be able to receive greater input and direction from local areas, allowing them to address concerns more effectively. Discussed memo from Lance Evans regarding PDS work plan and permit summary information that was given to the county council. As a concerned citizen, having the Mountain Green interchange listed as a sub heading, on the second to last priority, is very disturbing to him. In his opinion, the interchange is one of the most pressing issues in Morgan County, especially for the township in Mountain Green. Discussed a cabin zoning ordinance compared to commercial development. Discussed the two planning commissions in Summit and Weber Counties. A Planning Commission for Mountain Green would not only help shape the future of the community but it would be a perfect Segway into the future government of Mountain Green. He is not suggesting that he thinks it will happen soon and is certainly not promoting the incorporation of Mountain Green into a city. It will happen one day and personally does not see it happening until there is appropriate commercial tax base that would help such a move. A well trained planning commission will be needed to when that day comes. Discussed the challenges the planning department will have.

Member Mecham discussed that the ultimate land use authority is still the county council, regardless of how many planning commissions there are. The decision will still be made by the county council. If Mountain Green really wants to be in charge of everything that goes on in Mountain Green, the only way is to incorporate. The county is still the land use authority that will make decisions as to what goes on in Mountain Green. Member Kilmer sees a benefit if the amount of work on the current planning commission is such that it would help them meet their benchmarks. Would be curious to know if we are currently there. Member Cannon stated that in the meeting last Thursday they passed the commercial use table, it was a three-year project which was primarily in the Mountain Green area. Have given the planning commission a lot of work in the Mountain Green area and city center. Discussed resources available for the planning commission and the time they have spent in dealing primarily in the Mountain Green area. Discussion was made regarding growth and the impact it will have on the planning commission, if and when Mountain Green incorporates. Additional discussion was made between the council and Mr. Creager.

Motion that Morgan County establish a second Planning Commission with the emphasis on the geographic area of Mountain Green Fire District and that staff be given the task of implementing this decision as soon as possible by Member Cannon. Member Mecham clarified that where Mountain Green Fire District serves would be the boundary. Second by Member Barber. The vote was not unanimous. Members Kilmer and Mecham were opposed. The motion passed.

Member Turner left the meeting due to a conflict of interest (family) on the next Agenda item.

4. Jacob Rees – Discussion/Decision: Vacating a portion of Highway 30 near Taggarts. There is no safe or legal access to this road

Discussed that at the top end of Round Valley on Highway 30, which was abandoned a long time ago, there is a little loop rood between mile marker 107 and 108. It has been a very difficult thing for them as land owners to have problems with public pulling off and causing damage to fences, gates and stealing stuff. It is a piece of highway that is legally non-accessible to anyone. According to traffic code, even as a land owner he is not allowed to pull off the freeway and get in there. However, they do have a gate to access the head of their ditch to North Round Valley Water Company. Is asking that the county turn the road back over to the land owners due to trespassing, vandalism. Have cleaned a lot of garbage and there are activities that should not be going on with people in any way or form. The second issue is a safety issue. He discussed the map that was provided to the council stating that the road winds and curves through the canyon and it is in an area that is very dangerous to access, getting on and off the road. His biggest fear is with the curves and tight turns there, to get back on the freeway and accelerate their speed is virtually impossible. You have maybe 2 to 3 seconds to see if there is anything coming around the corner in order to get back on the freeway. Letting people pull off and access that area is a safety issue. Member Mecham asked where the ground came from originally. Scott Rees discussed the previous road and original owner and succession of title. Member Barber asked if there was a fisherman access. Mr. Rees stated that there was no legal access but thinks it is just a matter of time before the stream access goes through and people can walk down through the middle anyway. As far as safely accessing it there is none unless you pull of at Taggart and walk downstream into the area. Member Kilmer stated that he was concerned about limiting access to our sportsman because in Morgan County where we are 95 to 97% private, the limited access to public lands in order to enjoy what Morgan offers is so small that he didn’t like the idea of cutting any out. He walked the property and road with Mr. Rees and the thing that struck him the most is when you come down off the road you have about 25 or 30 yards of access to the river and then the road actually goes away from the river back up against the bottom of the hill, and then there is private land between the river and the road again, from there all the way around to the freeway. The only amount that we are limiting access to, and there is no bank, the road separates and there is quite a distance between the river and the road so there is about 30 yards max of actual access along the edge of the road to the river, right by their head gate. Member Barber stated that there is no fisherman access then because it is private land on both sides. Member Kilmer agrees it is a very dangerous corner. Member Ballantyne provided a google map of the area for the council and Mr. Rees to look at. Additional discussion was made between the County Attorney, Mr. Rees and Council Members.

Motion to have the council start the process to either vacate and or lease the property that was formerly know as US-30 between Highway marker 107 and 108 to the Rees Legacy, by Member Kilmer. Second by Member Cannon. The vote was unanimous. The motion passed.

5. Ned Mecham – Discussion/Decision: Renew contract with Robinson Waste, no increase in fees (Postponed from 9-5-17 Council Meeting)

Member Mecham discussed the contract and the good job Robinson Waste provides the county.

Motion to renew the contract for Robinson Waste, with no increase in fees, by Member Barber. Second by Member Ballantyne. The vote was unanimous. The motion passed.

Member Turner returned to the meeting

6. Ned Mecham – Discussion/Decision: Approval of 2017 Veteran and Blind Abatements

Member Mecham discussed the Veteran and Blind Abatements.

Motion to approve the 2017 Veteran and Blind Abatements by Member Barber. Second by Member Cannon. The vote was unanimous. The motion passed.

7. John Barber – Discussion/Decision: Recommendation from Public Safety of Morgan County to appoint an applicant to the Wasatch Front Regional Councils Utah Communications Authority Regional Advisory Committee

Discussed the application. Sheriff Breshears has applied to be the applicant.

Motion to recommend that we recommend that Blaine Breshears be appointed to the Wasatch Front Regional Council’s Utah Communication Authority Regional Advisory Committee by Member Ballantyne. Seconded by Member Barber. The vote was unanimous. The motion passed.

ADJOURN – Motion to adjourn by Member Kilmer

APPROVED________________________________ Date___________________________

Chairman

ATTEST___________________________________ Date___________________________

Clerk

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