County Commission - Regular Meeting

Tuesday, September 15, 2026

The Morgan County Commission discussed the upcoming budget, reviewed requests for childcare funding, approved a Comcast franchise agreement, and voted on the Cottonwoods development agreement amendment.

About this meeting

Government Body
County Commission
Meeting Type
County Commission
Location
Morgan County, UT
Meeting Date
September 15, 2026

Transcript

688 sections

0:00 – 0:13Speaker 3

I agree, I don't want the people to come home and find a dead dude in their basement.

0:15Speaker 14

I fixed it. It's no longer related to you, sorry.

0:40 – 0:59Speaker 7

All right, I guess we'll go ahead and get started. We're September 15th, 430, budget session with the sheriff's office. Appreciate everyone being here. We'll just go ahead, Corey, with you.

1:00 – 1:25Speaker 3

So I put in for an extra $5,000 in our training budget with the increase of the deputies and plus all the trainings that are coming live again next year. I think it'd be good to get them some good training, get them out there to some of the trains, and they cost money, some of the better ones. So that's why I'm asking for that for this next following upcoming year.

1:27Speaker 7

Is that the only one?

1:29 – 1:57Speaker 3

That's my only one. The only other thing I would ask is with having the newer deputies, more of our deputies are newer, I'm asking for another sergeant position, not to hire outside, but hire within. And I only have two people that qualify for that. And so I would ask that for the wages that we had last year to remain in effect for this next year. So if I do happen.

1:58Speaker 19

You're good.

2:20 – 2:33Speaker 11

Now it is. We're up. We're hot. So if you are getting a new sergeant, would the budget, that line item disappear?

2:35 – 2:54Speaker 3

Well, so if I got a new sergeant position, so the two people that qualify, one is he would be at step 13, which would mean nothing to our current budget. But if the other one happened to get it, it would be another $4,000 on top of that. And that would be...

2:55Speaker 11

But we don't know if that's going to happen.

2:59Speaker 7

So I think we ought to put that in there so we're not...

3:04 – 3:40Speaker 16

So we fixed it this year to where department heads and elected officials could not change their permanent and temporary employee line because last year... They did all types of crazy stuff with it. So it's blocked out for that reason. Leslie has made a spreadsheet with all those changes in there to include the payroll that they couldn't put in there. And so it'll be on that spreadsheet. But we did not give the department heads or elected officials the opportunity to change payroll and benefits.

3:42Speaker 7

So what do those two lines look like on your spreadsheet?

3:45Speaker 12

Are you asking for this particular spot or what he's asking for?

4:09 – 5:00Speaker 16

just wondered what what the it looked like comparatively to last year if you're not allowing them to put it in there and we can't see it i'm just wondering what that looks like so we've even last year the ones that changed it we went back in and we put everything as it was the year before because the commission goes through payroll as a separate item this year you asked to do that at the beginning of the budget instead of the end of the budget so that discussion is Monday it's your first budget discussion of the year except for except for Corey except for Corey won't be here um because he's special but that but we'll know that Monday when for Corey as well yes okay do you

5:03Speaker 7

Since he's here, yeah.

5:04Speaker 16

Can you take over the screen? Yeah. Okay.

5:13Speaker 7

You guys gonna be moved out by then?

5:16Speaker 12

By next week?

5:17 – 5:32Speaker 7

Mm-hm. Really? We can't move into our . Might make for a fun few days.

5:37Speaker 10

So what's been discussed?

5:39 – 5:50Speaker 11

Oh, he's asking for $5,000 in training. What's the code? That's it, unless he gets a new sergeant, which could be $4,000.

5:50Speaker 3

It could be $4,400.

5:53Speaker 10

So why a new sergeant?

5:55Speaker 3

With all our newer deputies.

6:08Speaker 7

So 172 is the change from one year to the next?

6:11 – 6:42Speaker 19

No. Sorry. So if you look on the left side, this is with the new sergeant put in at 13 years. And it's a $2,000 decrease from last year. And then this $172,000, that's the decrease in benefits from last year to this year. That's not a final number because we have not gotten our medical renewal back yet. But just with what we have in there currently, versus what was budgeted last year, it's a $172,000 increase.

6:43Speaker 7

Why is that?

6:44Speaker 19

We have a lot of our deputies not taking our medical insurance. We have some that are not on family insurance, some that are on single or two-party.

6:54Speaker 7

So it's mostly from benefits then, huh?

6:56 – 7:20Speaker 19

Yep. Okay. And the FICA wages went way down because we did hire a lot of newer deputies like... was talking about and so those went quite a bit down quite a bit last year so wait is the $4,400 just for the benefits or is that for the salary but that's included in there he said

7:25Speaker 10

So this $9,000 is just an increase in what you had, or is that because you're not going to have the new sergeant?

7:33Speaker 19

Yeah, so that $9,000 would be an increase to one of our eligible deputies.

7:39Speaker 3

Okay, all right.

7:41Speaker 7

So it's $9,000, not $4,400 is what you're saying?

7:44 – 7:55Speaker 3

No, it could be. So it could be a decrease of $2,000 if they've got the lower step. But if the one that's topped out gets it, then he would be an increase of $4,400. Okay.

8:03Speaker 10

So what you're showing us here is the increase of...

8:08Speaker 3

He's got you on a lower one right now.

8:12Speaker 10

No, I'm looking over here. I'm calling P. P, okay. P, what does that represent? Is that an increase or what?

8:20 – 8:38Speaker 19

You can see this is... So 2027 benefits are $842,000 as they stand right now. In 2026, we budgeted $1 million for benefits. $1 million... 15,000, so that it is decreasing by 172,000 as things stand.

8:39Speaker 10

And that is because of the single, non-family, and they don't need insurance, is that right?

8:45Speaker 19

In part, yes.

8:46Speaker 10

Yeah, so then what happens if we hire somebody that is, I mean, because maybe they're not all gonna stay, if we hire somebody, then we're gonna have to have a budget adjustment again, right?

8:57Speaker 16

Which, that's why we keep that 50,000 line, a non-departmental for adjustments.

9:09Speaker 11

Well, I appreciate it. I don't think you're asking me for much.

9:15 – 10:07Speaker 10

And so all we're looking at then is the step increase, the normal step increase that we gave you guys quite a few years ago, and COLA, if by chance everybody gets COLA. COLA's not in there because we don't know what it is yet. So this is current, 2026. So the new step, can we see what that might be with the new step and no increases to that step? Because that'll make a difference in that bottom line. So what you're putting in then is this step increase?

10:14Speaker 3

Well, we got sergeants and a couple deputies that are.

10:27Speaker 10

So why would that go up if they're at the top? because that's less than what they're making now.

10:37Speaker 19

Sorry, say that again?

10:38Speaker 10

I say that's less than what they're making now.

10:42 – 11:14Speaker 10

913, you got 94.913 versus 94.969 on line 16 or 15. And then that one went higher. So 1041 is not topped out yet. Sheriff's not even topped out?

11:15Speaker 3

I'm topped out. Oh, you are? Yeah, I'm not even topped out. That's my salary.

11:27 – 11:38Speaker 10

So line 14, 13, 12 are less, or not less, but... That's the top amount of the step, is that correct?

11:39Speaker 19

I believe so, yeah.

12:02 – 12:21Speaker 7

It's about 20 grand. Yeah, OK. And you have one of these, Casey, for all of the departments.

12:21Speaker 19

Yeah, I'm working on getting, so I just pulled all the data. Okay.

12:32Speaker 11

Very beautiful.

12:34Speaker 7

Well, I don't have any other questions.

12:35Speaker 10

I don't for that one. What about the animal control and records?

12:39Speaker 22

Just keeping everything the same on those.

12:41 – 12:52Speaker 10

Same. Okay. So we're just going over salary now, or are we going over the rest of your budget?

12:52Speaker 11

He already did.

12:54Speaker 7

He asked for $5,000 in training. That's it?

13:03Speaker 10

At least you're not the old man around here. Casey knows what I'm talking about.

13:09Speaker 7

I was with your buddy Scott the other night. He was telling me about you. Who? Stokes.

13:19Speaker 3

Oh, yeah. I used to ride bulls with him.

13:26Speaker 7

Wow. It was all good. He's a good guy. It's not a problem.

13:37Speaker 11

Well, thank you, and have fun at your conference.

13:39Speaker 3

Okay, will do. I appreciate it. Are you going to?

13:41Speaker 11

Enjoy it. Where's it at? St. George. St. George.

13:45Speaker 10

Wrong time, we need to go in two months. When it's cooler.

13:49Speaker 7

See ya later, be safe.

14:00Speaker 16

While I'm in the budget, is there anything you wanted us to walk you through before you get into it next week or?

14:11Speaker 14

Can you usually, yeah.

14:16 – 14:42Speaker 11

good awesome can you just show us the overall county budget yes because i always get confused like this is your overall budget but then it's like so right now you're requesting 671 thousand more no that's how much you have left over oh okay after everything's spent we're in the grid we're in the green

14:43 – 15:37Speaker 16

So each fund, you'll have what we're projecting to your projected expense and revenue from that year, your projected fund balance of that account, and then next year, your projected revenues, your projected expense, and then obviously like we're 671, almost $672,000 in the green, so that just adds it to the fund balance. So like an easy one is your economic development. So we had 17,686 left over from a previous grant, but it's usually every year it's $200,000. So we spent 217,686. That's what we had to spend. There's nothing left at the end of the year in fund balance. We're receiving 200,000. We're budgeting 200,000. There should be nothing left in fund balance. Okay.

15:42Speaker 7

But this doesn't show any wage increase or anything?

15:44 – 16:28Speaker 16

This shows no wage increases. This is just the asks outside of wage increases. So the ones you'll see that are negative, which are habitually negative, is your recreation fund, and that's after the $200,000. So the $200,000 from RAMP is included in that. So it usually has a shortfall. So you have that one. capital projects and what? And health in your health department. Well, technically that one isn't gonna show negative because we still have a fund balance to pull from. So anything that's negative, you would have to find, that money would have to come from fund balance.

16:28Speaker 7

I thought our goal for REC was to break even. Yeah, we were supposed to get down to 100,000.

16:33Speaker 16

Correct, but she hasn't increased her fees. She has to do a fee study in order to increase the fees. So that's with the existing fees.

16:43Speaker 10

Why do we have to do a fee study? Why can't we just do it?

16:48Speaker 10

I don't think so.

16:48Speaker 16

1,000% yes. That's why we just hired that firm to go through all of our fees.

16:54Speaker 10

Well, how come it's taken us a year?

16:59Speaker 16

It's your impact fee study and analysis. It's not just the analysis.

17:03 – 17:17Speaker 7

And it's expensive. It's that one that we approved that we were choking on.

17:17Speaker 10

A year ago. Yeah. $150,000 or something. Or was it?

17:22Speaker 7

I don't think it was that much.

17:24Speaker 16

No, it was $70,000. And that includes the full transportation impact fee.

17:29Speaker 7

That was the one that Kate was able to get down.

17:31Speaker 10

So it ended up being $90,000 plus.

17:34Speaker 7

With the two.

17:35Speaker 16

Nope, it's combined at $74,000 because they credit us.

17:38Speaker 10

You got to work your magic and got to download it.

17:40 – 18:15Speaker 16

I am a little tight on the budget, yeah. Okay. any other questions on so um when you're in there there's two main lines right there's the dashboard and that shows you your overall total and then there's the worksheet that'll show you by line item and then if like right now i have the code for the sheriff's office in so if you wanted to pull up where's public works that's not in the negatives what i know when you show them how to look at an attachment So let me look at your cheat sheet.

18:15Speaker 7

We didn't have any snow. We have a thing full of salt too.

18:20Speaker 16

She asked for something in fund 20.

18:23Speaker 7

We have our two-year storage.

18:26 – 18:48Speaker 16

20, 4,400, 300. So actually all, quote unquote, and I say this now, all of Brett's asks except for the fairgrounds are already within his budget, but he has to ask because it'll, it'll have to go, it's a vehicle, so it'll trigger on our USIP for insurance. 20, 24.

18:48Speaker 9

So why do we need a new truck?

18:51Speaker 16

That is up for him to tell you, not me.

18:55Speaker 16

Okay, so he asked.

18:59Speaker 7

I can recite it to you by heart.

19:01 – 19:33Speaker 16

Right? All those things are expensive. If you go to the far left, it'll show you if there's an attachment. The hard part is it brought over all the ones from last year, too. But here's the, it'll show when it was uploaded. Oh, boo. Okay, this is why we pre-did it in the packet. Well, here's his big description. Newton truck with dump bed.

19:34Speaker 7

Time to replace one. And that's what I would have said he was gonna say.

19:41Speaker 16

But it's not a budget increase, but it is a request for a purchase of a vehicle. So that's why it's an attachment.

19:49Speaker 10

You don't know which vehicle it is?

19:50 – 20:11Speaker 16

I have no idea. Half the stuff, it was like today years old when I was like, oh, we're... Because he asked for like $47,000 to do... upgrades to the food stands at the fairgrounds, and I was like, but of course, didn't actually put it in the budget, he just sent the attachment, so I was trying to fix that, but.

20:13 – 20:24Speaker 10

Now when it comes to, I have a request within his budget, put in those highway projects, those highway monitoring signs on Morgan Valley Drive and I-66.

20:25Speaker 16

We gave Brett, we learned our lesson, we're giving Brett an hour. So, okay, any other questions on budget?

20:35 – 20:57Speaker 16

Okay. I lost two bucks, Matt. Didn't I, Leslie? She bet me that your first question was gonna be what's your password for the budget.

27:59 – 31:23Speaker 7

hear this mike it can yep okay welcome mike thank you yeah if you haven't signed in if you could go in the back corner room and sign your name on the That would be appreciated. We're going to go ahead and get started. This is our Morgan County Commission meeting, September 15, 2026. We just finished with our budget session with the sheriff's office. Now we'll start in our regular commission meeting. I want to welcome those that are online as well. Appreciate them. And one of our commissioners has parent-teachers conference tonight. He'll try and... Join us a little later when he's done with that. And Commissioner Newton is on line with us as well, so appreciate him being here. I'm gonna start by an invocation, I'll give that, and then I'd ask you to join me in the Pledge of Allegiance. Our Father in heaven, we bow our heads before thee this beautiful evening. We're thankful, Heavenly Father, for all the blessings we receive in this valley. Thankful for the moisture that we have received and pray that they'll continue to bless us with the moisture that we need for the upcoming year. Bless us with the snow in the mountains. and some rain this fall to soak into the ground. Grateful Heavenly Father for the things that have transpired and all the people who work so diligently to make this a beautiful and safe community. We ask you to watch over and bless us all. Help us to do those things that would be good in thy sight. We're grateful for all the people who work so diligently and in our behalf, and we're thankful that we have friends and neighbors that look out for each other in this community. We ask that Thou would bless us this evening, that we can make good decisions, that we can have good discussions, and that we can listen to one another. We appreciate all that Thou has given us and does for us in every day of our lives, and we say these things in Jesus Christ's name. Amen. to the flag of the United States of America. OK, thank you for joining us in that. Do we have any declarations of conflict of interest this evening? I guess I would say I have one conflict of interest on Jenny Adams is a relation of mine. I don't know if you can get away with that in this county without having things like that, but I'll make that.

31:23Speaker 11

I live in the Cottonwoods. Cottonwoods DA is on the agenda.

31:29Speaker 10

I have none. OK.

31:31Speaker 7

Thank you. All right. Now is the time for public comments.

31:36Speaker 10

Consent agenda. We need to do the consent agenda.

31:39Speaker 7

Oh, sorry. Sorry about that. Yes. I already changed that. Has everybody had a chance to look over that? OK. I'll look for a motion then.

31:49Speaker 10

Mr. Chair, I move that we approve the Morgan County Commission meeting minutes from September 1st, 2026. I'll second it.

31:57Speaker 7

Okay, I have a motion by Commissioner Fackrell, second by Commissioner Blocker. All in favor?

32:05Speaker 7

Aye. Any opposed? Motion carries. You're going to hear those two names a lot tonight.

32:12Speaker 10

Yeah, we're not changing.

32:13 – 32:40Speaker 7

Okay, so now's the time for public comment. So anybody that has... A comment of anything on the agenda that's not a public hearing item? If you want to come forward, you have three minutes. State your name and where you live, and I'd love you to come up and speak. Pardon? OK.

32:44 – 33:53Speaker 23

Hi, my name is Ray Nettleton. I live in Kaysville. I just learned that the planning development department is considering issuing a building permit or they're in the site plan review process for a water tank above phase six and phase seven that is on land that is zoned as F1. It is my complete understanding that F1 and MU160 for that matter IF YOU NEED TO BUILD A WATER TANK ON THAT PROPERTY, YOU NEED A CONDITIONAL USE PERMIT. OUR GROUP, PART OF THE DA, NUMBER THREE PEOPLE, WE WENT THROUGH ALL THE PROCESSES AND WE OBTAINED A CONDITIONAL USE PERMIT FOR A WATER TANK ABOVE OUR PROPERTY, WHICH IS UP THE HILL ABOVE PHASE EIGHT. SO IF THEY ARE GOING TO BUILD A WATER TANK ON PROPERTY, But in that zone, I just, I think they need to follow the conditional use permit requirements and go through that whole site plan review just like we did.

33:55Speaker 23

Thank you for your time.

33:56 – 34:18Speaker 7

Thanks, Ray. Any others? Okay. Seeing none, we will move to our F1 action item, Jenny Adams. I didn't... Oh, it's a different Jenny Adams. I guess she wouldn't be an Adams. She's married.

34:20 – 43:26Speaker 8

There is another Jenny Adams in Morgan that I've run into with appointments. I show up and they say, no, you're not the Jenny Adams I was picturing. So I wondered if that was the case. Okay, we do have the slideshow. So... And before I start, a little disclaimer. I work with preschoolers and babies, and I work in a star pattern. And so I get a little squirreled out, so I'm going to try to make sure that everything makes sense by the end of my presentation. But you can ask questions so I can make sure to fill in all of the gaps. And I also want to let you know I'm not here to sell my business. I'm not here to sell myself. I'm here to offer my services. your community and I'll share more about that I'm also here because I'm passionate about giving kids the best opportunity that they can have you have an incredible community with fabulous people it's growing and there's a need for childcare and I've seen that for years so I'll share more about that Do I tell you just to click to the next one? Great. Okay. So, again, my name is Jenny Adams. I own Love and Learning Child Care over in Colville. I have worked with kids for years and years in a lot of different settings, one of them being foster care, and that gives me a little foundation of how I work and the program I run. I was watching kids in my home for a long time until we outgrew it, and I was looking for a solution. I was not looking to open a childcare center, but when God tells you to do something, I listen. He's a smart guy. So I said, I can do that, but be with me along the way, and we've done nothing but grow in the three years that we've been open in Colville. And in that time, I've been watching Morgan, the parents on Facebook, ask for help with child care. And every time I see it, my heart goes out to them. I know what the struggle is, and I wish I could do something about it. I felt that there would be a time that I could come to Morgan and help with that. But I knew that I needed to wait for the right opportunity. Yeah. And I had just kind of thrown out some feelers, thrown out some comments, and one day one of my guides came to me and she said, Jenny, I've got the perfect building. It is absolutely perfect and you've got to come see it. My family owns it. And I didn't know if I was ready for that, but we went, we toured the building. She was right. It's absolutely perfect. So I threw a survey, a public needs survey out on Facebook. Unfortunately, something I ran into was that it gets buried if it doesn't get 20 engagements in two minutes. And so I wasn't able to really rely on the information I was getting from that, but I have tried a few times since then. But one of the people that found that survey, luckily, they were working with the Morgan Child Care Coalition that was working with a Boulder Way Forward initiative. And so she grabbed me, she introduced me to the coalition and the initiative, and they have been behind me to help me just find resources and see what I can do to get help to open this service to your community. That is why I'm here today, one of the reasons. So let's go ahead and move on to the need for child care in Morgan County. This is some of the information I found and this is current as of 2023 and this shows how much of the percentage that is needed for child care, like how much need there is, how much is actually being met. And you can see Morgan is one of the lowest, only 3% of the childcare need was being met three years ago. And you can imagine the growth that has happened since then. When I did this research, I found that almost 4%, you've had 4% growth in the last few years. I actually recently found something else that was almost 7% growth. Yet nothing has really happened with child care. And that hasn't really changed a whole lot. So let's go ahead. So some more facts. Access to quality child care is limited statewide. And right now, because there isn't a lot of access in Morgan County, parents are leaving the county to go work and to go find child care. And, of course, what that does, if I were leaving to, you know, okay, basically parents are having to go where they can find the jobs but find the childcare to support it. and if that's not here they're doing that outside of the county but what also happens when they do that is they're also buying gas and they're buying dinner and they're buying groceries and going to the bank somewhere else because they it's not supported here in the county um if that continues Businesses will suffer, government. There won't be a local workforce that is going to be sustainable. So if we can go on to the next one. Let me just make sure I'm on the right track here, yeah. So who suffers when we don't have sufficient childcare? First of all, households. When there isn't sufficient childcare, someone needs to stay home, it's usually the mom. Now, I found through my foster care experience that when someone is able to work, especially mothers, their self-worth goes up, their self-esteem goes up, because they're contributing not only to their family and being responsible for them and helping in that responsibility, but they're also contributing members of society. If they're able to do that, they're better examples for their kids. They're helping a lot of things work better. So if they have the proper childcare, they're able to contribute more. Businesses, if there isn't sufficient childcare, They suffer. Retention of employees goes down, so they have higher turnover, which costs businesses more money because they're training more people. Their revenue is lower, all of those things. So then tax revenue goes down, which weakens the economy. There's less tax dollars for the governments to be used to improve community services, roads, sidewalks, all of those things. So you can see how if there's proper childcare, that's a good place to start for there to be a stronger economy. Okay. So enter love and learning. We're here. We're ready to help. We have a proven business model. We have quality staff who they're all committed to making professional development a priority. Leaders who know what it takes to build a successful community resource. We're not just looking. Here's my thing. This is my soapbox. I do not have a box where people get to bring their kids and pick them up at the end of the day. Love and Learning is a quality program. Kids leave happier, more educated. Parents love that they get to see what the kids are doing all day long. They get to hear what their kids did during the day, what they learned. I'll share more about what we do during the day. But it's a quality program. And we're willing to provide what Morgan needs. I'll be honest, this may not have come up in the past just because no one's crazy enough to do it. I've already spent a lot of time on it and with no pay. I just am doing it because I'm passionate and I have the opportunity. And again, when God tells me to do something, I'm going to do it. And we have our premier location. It's already being updated to meet child care regulations. on the owner's dime and they are also showing that they are committed to having a quality resource and being part of that solution they're excited to have Fun families, cute kids, great staff right next door. And we're excited to be able to provide that to them.

43:27Speaker 7

So this is a non-profit organization?

43:29 – 52:44Speaker 8

It is non-non-profit. It is not non-profit. And I'll tell you why. When I say that I'm not making anything, it's because... I focus on making sure that my people have jobs and that they are being paid well for their time. I like to be paid for my time, but I'm willing to take a hit so that our babies and our kids can be taken care of very, very well, and so can our guides. So what makes Love and Learning unique? Our mission, we found, like I said, part of our story is my foster care background. We know that a child cannot learn until they feel safe and loved. So our mission is to build quality relationships first and then build on those with experiences that they can learn from. Our values are love, growth, excellence, creativity, respect, and community. Community is really, really big. We love to build a community for our families so that they can have connection outside of just our program, that they can build relationships outside of our program. We're very, very proud of our 100 percent compliance with state regulation. We love it when our licensors show up because it's a great big report card for us. We love it. We also use what's called the pyramid model. It's a research-based program that teaches us how to teach our kids social-emotional skills and problem-solving skills. So along with academics, our kids are going into the school systems more ready to more ready to learn. And we know that if we can give them that basis of learning and those social skills, they're going to carry that throughout their school years and into adulthood. So we're giving them the best foundation that we can give them. Our vision is to bring premier high-quality childcare and early learning to families across northern Utah with a special commitment to rural communities where access to exceptional care is limited, exactly like Morgan County, and hopefully we can give them an option so they don't have to choose. Since I have put out a survey and trying to gather community input, I've found several families that say they have to make decisions on work because of child care and that they've had to accept jobs close to child care. And that makes it very hard for them because they're leaving the community. It's hard to get back for their kids' social events and everything like that. So they would very much, the people that I'm hearing from, It would save their lives pretty much it would be a lifesaver Okay So how Morgan County benefits the Grove and let me explain why we're calling it the Grove is love and learning is our base program and It also has a tree in our logo, and our roots are in Colville. But roots grow underneath the ground, and they come up in the right place. They come up in fertile soil in the right place where it's able to grow. So we see that in Morgan, and we see the trees in the grove the families were able to serve, and the people who were able to really help them. And that's what we're here for, is to serve your community and their families. So we're going to be able to add up to 65 new childcare spaces. We're going to be able to expand critical infant and toddler care. I will tell you there is a daycare at the high school as part of their tech program. It is serving primarily the staff of the district and it has very limited spots and for limited time. So this would expand a lot of those really needed spots for infant and toddler care as well as preschool. So we'd be able to strengthen Morgan County's workforce participation and employee retention. create local jobs we are a small business woman-owned business we're providing jobs for people who want to grow it's a safe nurturing place to work um obviously high quality early learning and kindergarten preparation we have heard from our kindergarten uh teachers in summit county well, in North Summit, that they can tell what kids come to them from Love and Learning. And so that's what we would want to do for Morgan County. And then obviously build long-term child care infrastructure for Morgan County. So in a nutshell, there's a local need, a proven provider, an actionable solution. We're ready to go. We're not asking Morgan County to fund an idea or a business. We need partnerships to be able to open the doors. We have a place to do it. We do not have the funds to fill it with the cribs and the mats and the toys and the shelves. Outdoor spaces are a really big deal. I am excited to tell you about that. So, next one. So we're looking for those community partnerships. We're looking at needing $285,000, and that comes in two phases. I hope you've been able to receive the budget outline that has it in two phases and with our class breakdowns. So we do have other fishing lines out there that hopefully we'll be able to get more funding, but we're looking for as much help as we can get. And what this is going to do is help us fund two expansive nature-based outdoor classrooms. Like I said, we're not just keeping kids alive. We're looking for the best possible childhood adventure that they can have while learning. Fun fact, outdoor spaces are not required. Funny. for childcare centers. And so I hear from a lot of parents and even staff that come and work for us that say that their outdoor yard is a five by 10 piece of concrete with a few balls. Ours are very beautiful, they have a very play in the field kind of a feeling. Our kids go home dirty, they play, they risk, it's beautiful. It's going to fill the center with the furniture and equipment and supplies that we need. The building does have a few more upgrades we need like flooring and noise reduction panels. Part of the space we're going to be occupying is a really big room. It used to be used as a shop and so there's a lot of echo. So you can imagine how that might be when we get kiddos in there. And then some of the feedback we've gotten from the community is they would really like to see security. and be able to have that peace of mind. So we want to be able to put those safety and security systems in place. In return for whatever you can do, because I know this is kind of sticker shock, and like I said, we're looking in a few different places, but anything helps. Something that we do over in Summit County that we've partnered with them since we opened is that they help fund our arts program. And we have saved spots for them to be using for their employees so that their employees are ready to come to work. They're calling in less. They're able to be more productive. And then they have priority registration for infants and toddlers, which are really big huge. Usually, we would have to be on a wait list. But if we know that someone's going to be having an infant, we hold a spot for them. And then free registration. So we would be open to being able to see how we can help. Obviously, the county has lots of departments, probably young kiddos. Something that Summit County was also facing is that because the younger generation isn't working because they don't have child care, The knowledge of the more seasoned employees have no one to pass their knowledge to. And so that's why they are really paying attention to childcare and how they can help that and support that. So I may have left some, you know, there's probably places for questions, but just wanted to end with this thought. Funding the Grove isn't simply an investment in a childcare center, it's an investment in Moraine County's children, working families, employers, and future growth. And I just want to add that I'm here because I'm following the nuggets. There's been lots of things. I say I go on green. And so there's been lots of things that I thought were going to stop this progress. I've been working on it for over three months. And every time something happens that we're like, oh, this might be it, this might be the red light, it's barely yellow and we're able to get past it. So I will go until I hit a red light. And so that's where we are. I'm ready for questions, whatever you got for me.

52:45Speaker 7

Let's let Mike go first. Mike, are you there?

52:49Speaker 15

He's texting me. Excellent. Love it.

52:55Speaker 7

Go ahead, Blaine.

52:59Speaker 7

Okay, you're with us. Okay.

53:05 – 53:59Speaker 18

Um, so I'm very familiar with childcare. My, my wife and I owned a daycare in Cache Valley for about eight years before we moved back home to Morgan. I'm very familiar with the grant programs that are offered by the state. Um, Morgan County does have a small business grant program, which I think could be a, you know, this could be an excellent thing there. I don't think it's a county's responsibility to provide daycare for its residents. or to fund a daycare for that matter, especially a for-profit business. If that were the case, I think it would be more appropriate for us to send out an RFP and have multiple businesses come in and present their proposals, but I don't see this as an appropriate use of county funds. Economic development funds through our small business grant, absolutely, but not just a handout from the county as that's what this appears to be.

53:59Speaker 7

Do you want to respond to that?

54:03 – 54:32Speaker 8

Well, I would hope, I agree, absolutely. Unless you're looking at it as the development and the economic development that can help, I completely understand that it's not on the county's agenda, it's not their responsibility, absolutely. That's why I would be looking at ways for you guys to be able to benefit also. So that would be something that, yeah, you would definitely have to decide if there's a way that you can support and be able to even it out with what you can benefit from it.

54:34 – 54:55Speaker 18

I'd also add that the school district recently opened a child care at the high school. They actually had trouble filling those spots. So I don't know. And that's a non-profit type of a thing. Again, the county is not in the business of subsidizing private entities and private businesses.

54:57Speaker 7

For sure. OK. Lane?

55:00Speaker 10

Yeah, I've got quite a few questions. How did you start in Colville?

55:06 – 56:42Speaker 8

So I grew up in Colville, and I got my first childcare job when I was 18 there. It was the only center that had been there. And when it closed a few years later, I started watching kids in my home and different places, different ages. And I took a brief, well, about 10-year stint that I was working in other places with kids, church and the community and everything. But when we decided to do foster care, you actually can't do foster care and childcare at the same time, different licenses. And so we took a break to also do foster care. And after we adopted our second, our last, we decided this was us. And someone on Facebook asked for help with kids. And I said, oh. I can do that. So I started watching kids in my home, and we outgrew it. I said, first of all, that I was not going to get licensed. I didn't want too much of my home being taken by kids, but the need was big. I couldn't say no, so I got licensed. We doubled in size. I had to get more staff and everything. We started to look at how to remodel the house to be able to fit the kids, and that's when I went... it's a little crazy and heavenly father said um you're going to open a Center and I had thought about a place in colville that I knew of I contacted the landlord, it was it was available they renovated it and we've been there for three years.

56:43Speaker 10

Okay, so when you started it, what kinds of funding did you get?

56:48 – 57:31Speaker 8

I'm so glad you asked. Because Commissioner Newton said that there's grants available through the state. There is nothing right now. At the time there was a startup fund, a startup grant that programs could partner with businesses and then the state would cover all the startup funds. So all of that furniture and the playground equipment and all of that was coming from the state but we needed to partner with a business and that's when we started partnering with Summit County. And so that's how we originally got all of our setup and our first agreement with Summit County, and then we've just renewed that agreement with them.

57:31Speaker 10

So what was that agreement with Summit County?

57:34 – 57:59Speaker 8

Just that they would fund our arts program. We get about $300 a month for art supplies, and we hold infant and toddler spots and don't charge their employees any registration fees. So the funds to actually set up the center and everything, that came from the state. But they wanted to see those business collaborations.

58:00 – 1:00:37Speaker 10

OK. And I'm like Mike, I don't want to, and probably these guys, we don't want to use taxpayer money for it if we can help it. But there are grants, and I think Janet, or not Janet, Candace in the audience, we've been on a working committee together, and... We've been in those discussions and there's a lady there from Weber State University. I don't know if you want to come up also and just tell us some of those things that you guys have discussed as far as what grants were available that the lady from Weber State University was talking about. Anyway, along with that, You can do that in a minute if it's okay with the chair. But there are some grants available. There's also laws that came out for childcare this last year from the Senate, from the legislature. And those grants, are available, no, they're not really a grant. They're a credit with partnering with different companies. And so my idea in this whole thing is that you could go and get grants or partnering with different entities and going out and trying to find the businesses that will help to build this or to get the money that you need to start this. And that's the reason I asked, how much money did it take for Summit County? Because they didn't come up with $285,000 to begin with. And we're not going to come up with $285,000 either. However, we do have the business grants, small business grants that I think could be an appropriate place to use some of that grant money. However, to do that, you have to talk to Andrew Willis at our BRC, our Business Resource Center. You need to talk with him and come up with some different kinds of ideas for that and where you could possibly find the funding. And within that funding, there may be available monies to get enough to get this started and off the ground. $285,000 is a lot of money. Yes, sir. Now, we've got other entities throughout the county that are, I don't know if the DAF is available for any of that kind of stuff.

1:00:37 – 1:02:02Speaker 8

So if I could speak to those, I'd love to share with you. I am working with Andrew. He's been fantastic. And so he is helping me. We were also told that we could look into the COG fund. They wanted us to come and talk to the commission board first. So like I said, I have a few lines in the water. I have applied for the Wasatch Peaks Foundation grant. The house bill you're speaking of, I actually work with two of the three writers of that bill. And so I wanted to make sure I wasn't missing anything with that. And it is not something that we can use for startup funds. And they themselves are actually admittedly having a hard time selling that bill and being able to use it with businesses. So yeah, I'm looking at different things. I've also applied for an SBA loan, to be honest. And that's no one else's worry, but I would like to not go in debt. For my vision, I would love to be able to help work with grants and communities and anything that I can do. So I'm absolutely open, and if it works out, it works out, honestly. So this is my first step, and I appreciate the consideration. Anything else, though?

1:02:03 – 1:03:11Speaker 10

Yeah. So have you talked with the school district to potentially use, instead of the funds that they put into it, see if they would be willing to partner with you in providing those funds from their employees that they're spending on that? These are just different ideas. That's an idea. I don't know, the biggest thing is find out who wants to, where they work, if they work here in town, is there a business that would like to support them in doing this? Because in that bill, in those legislative bills, you can use that money to partner with businesses to get them so they get the credits. There's a lot of different ways to work it. And I'm just looking at, okay, there's ways. This is a good start. However, we need to go further. We need to continue the efforts of doing and going further. There's other grants out there, I know worldwide, nationwide, that we can probably get some grants to fund something such as this. It's just a matter of We're going to have to look for it.

1:03:12Speaker 8

I'm open to those.

1:03:12Speaker 10

Or you are going to have to work for it.

1:03:14 – 1:03:49Speaker 8

Yeah, so I'm willing to look at anything. I know that the school is using their daycare for not just their staff, but it's for their CTE program. So they're having the students do that. so that's kind of on their own i have been in communication with them and they're kind of they're doing their thing and they're totally good with it but anyway i'm totally open to talking to more people and seeing i know that the house bill is not going to be able to be used to get the initial funding yeah and and things to fill it yeah and that's well that's what we would have to do too is

1:03:50 – 1:04:22Speaker 10

If there's employees within our county that need the child care, then maybe we need to look at that as a benefit item from the county to assist. That's just a thought. That's not a concrete or anything. That's just a thought that could possibly happen within the county benefit program. Absolutely. And that way people could bring there because I've heard of some of the people within our county that work here that say they would love to have it here instead of going to Ogden to drop them off.

1:04:23 – 1:04:37Speaker 10

So these are just different kinds of things that I think we need to be looking at. As far as I go, $285,000, I can't afford it. And I don't want my taxes to go up just because of that.

1:04:38Speaker 10

Oh, absolutely. I'd rather have kids in my house and take care of them before I go and spend that kind of money.

1:04:43Speaker 8

That's understandable.

1:04:45Speaker 10

Anyway, I'm done. Okay.

1:04:47 – 1:05:24Speaker 11

Jenny, thanks for your presentation, and thanks for taking such great care of our children. They are heritage from the Lord, and we as commissioners, we are supposed to take care of the health, safety, and well-being of our community, and we do that with the homeless, with those that need food, we donate. And our children, we should take care of them, too. I agree we can't fund $285,000, but maybe there's something we can do, like Summit County did, like fund your arts program. something like that. Do you have your itemized?

1:05:25 – 1:06:28Speaker 8

Yeah, so it should be on there. And I've broken it down with phase one costs and phase two. So phase one is what we would need to open up. Now, given time, I can absolutely get creative with that. I've been told I am a Facebook marketplace pirate. So I can cut down on some of those costs. But this is initially to set up the rooms and everything. That is what they would cost. So, I mean... If there were someone that had a fund somewhere that wanted to fund, say, safety and security, they can look on there and say, hey, I can do that and be able to have part in that. So these are some costs that we have, and that's why I've broken it down like that and in two phases. So like I said, I mean, this is initial. This is my first step to look for outside resources and partnerships in the community. So I'm going to keep going and see what I can do and any suggestions, I'm open.

1:06:29Speaker 11

So where is your building located?

1:06:32Speaker 8

It's the old Polaris building. Do you know where that is? Up on the, I tell them it's the highest building on the hill below the M.

1:06:41Speaker 10

That's right. Oh.

1:06:43Speaker 8

Wilkinson Construction.

1:06:44Speaker 10

Wilkinson Construction.

1:06:47Speaker 11

Okay. I'll have to go and look at it.

1:06:50 – 1:07:03Speaker 10

Another item for you to think about is the Office of Outdoor Recreation. Yes. If you haven't gone to them, they fund education classrooms. Yep. And they will give you some funds.

1:07:04Speaker 11

I have looked into that.

1:07:05Speaker 10

So file the grant. It's on right now. Yep.

1:07:08 – 1:07:40Speaker 11

I just want to say also, I've been to a lot of the meetings. I've been to the Boulder Way Forward. There's some amazing women in this community that actually really do need child care. It's a need for sure. So we appreciate you coming in and I would, you know, maybe we can fund safety and security, do something for you, and see how our employees in the county could utilize you as well. I don't know if the other commissioners are open to something like that.

1:07:44 – 1:08:55Speaker 7

I think this is a great, personally, I think, I've been trying to wrap my head around the a for-profit business asking for funding. I'm grateful that you came and presented because if I would have just gone off your presentation off the thing, I would have just said, eh. But no, I appreciate what you're trying to do. I think it's awesome. And I think we could support something with help. And it's our budget season. It's a great time to be talking to us, to tell you the truth. we can talk about it as a commission and look at maybe something that we could provide like Summit County has to help out. From what I gathered from you, you're open to any type of help. You are correct. You would have rather us give you 285, but any help is probably not going to happen. I understand. And so I appreciate that. Absolutely. And it sounds like you're doing your homework and background and you know what you're doing. And we do need great places for our kids.

1:08:58Speaker 11

So how would this look moving forward when she gets to a stage when she needs a safety and security or something like that? Would she come back and ask?

1:09:08 – 1:09:21Speaker 7

So I think we ought to just put it on our agenda to talk about during our budget session next week. And we can talk about it. We can discuss it. we can get back with you and have you come back.

1:09:22Speaker 8

Absolutely. Yep. And if you have questions in the meantime, you'll be able to find me, I'm sure.

1:09:25Speaker 7

Okay. I appreciate your time. I bet I can remember your name.

1:09:30Speaker 8

I bet you can. Just the right one.

1:09:35Speaker 8

Thank you very much.

1:09:38Speaker 7

Is this all your employees that came with you?

1:09:40 – 1:09:56Speaker 8

This is my husband, Sam, and then my director, Jill. my lead preschool teacher, Paige, my support guy, Joss, and my fabulous soon-to-be landlord, Miss Judy. That's it.

1:09:58Speaker 7

And she is fabulous. Thank you.

1:10:03Speaker 10

So do we need an action item or just... It's on the action list. Do we have to say anything on it?

1:10:11Speaker 16

That's just how it was requested.

1:10:13Speaker 7

I think we can just postpone it for budget time if you want to make a motion to do that.

1:10:18Speaker 10

I move that we postpone this to a later time.

1:10:22Speaker 11

I'll second it.

1:10:23Speaker 7

Okay, I have a motion by Commissioner Fackrell and a second by Commissioner Blocker. All in favor? Aye. Any opposed? Motion carries. Thank you. Penny.

1:10:33 – 1:11:28Speaker 14

Penny Butler from clerk auditor's office. So I'm just here to follow up on the work session in July on homesteaders. I was asked to get the cost of living for Social Security and add to the amount that we have for the total amount to qualify for homesteaders. That amount is, it's 5.3% cost of living increase for 2024 and 2025. So that would come to $2,650. So that would increase the amount to $52,650 to qualify for homesteaders. So if you would like to do that, we would need to amend exhibits A and B in CR 2477.

1:11:29Speaker 16

It would just technically be exhibit A. It's not listed on exhibit B.

1:11:36Speaker 7

Good job. Thanks for doing what we asked you to. I think that's a great program.

1:11:43Speaker 10

However, may I ask a question?

1:11:46Speaker 7

Sure. Is it positive or negative?

1:11:50Speaker 10

It's a question, not a statement.

1:11:53Speaker 7

Yes, go ahead.

1:11:55Speaker 10

You came up with a figure of 5.3%. What average is that based upon? Since we started the program?

1:12:02Speaker 7

She said over two years, over the last two years, she just said.

1:12:04Speaker 14

Yes, so since we started, so from 2024 and 2025.

1:12:07Speaker 10

And we're down at three years?

1:12:12Speaker 14

Just the two. This will be the third year.

1:12:13Speaker 16

Well, this is 26, and so there's no SSA increase.

1:12:17 – 1:12:30Speaker 10

If anybody believes chat GTP, The average increase over the last three years was only 3.0%, 3.2%.

1:12:33 – 1:12:57Speaker 14

So it depends on what you're averaging. If you're just averaging food, if you're averaging fuel, what you're averaging. I went off of Social Security because that's what you requested. That's what I did. So if you go to Social Security, I think it's in the minutes. I think you put it in there. That's where I got my 5.3%. It wasn't an average. It was the two years added together.

1:12:59 – 1:13:15Speaker 10

The last two years are not very high. I went back further and ended up with a 4.4% for four years, a 3.2% for three years, and a two year I did not do because I thought we had done it for three years.

1:13:15Speaker 14

No, we started in 2024.

1:13:18Speaker 10

Okay, so if that's the case, then at that point it's even less. So why are we going at 5.3? That's my only question.

1:13:27 – 1:13:46Speaker 16

So she took the increase of Social Security from 23 to 24, and that percent, not the average, that's not why you asked. You didn't ask for the average. And then the increase from 24 to 25, added them together just for Social Security, and that was the 5.3%.

1:13:48Speaker 7

And that's what we asked her to do.

1:13:49Speaker 10

Right. I'm just saying it's a little high.

1:13:52Speaker 7

Well, it isn't. It's the Social Security increase.

1:13:56Speaker 10

I know, and I've been on Social Security for more than three years, and I know exactly how much.

1:14:01Speaker 7

So you're saying you didn't get 2.5 and 2.5? No. What did you get?

1:14:05Speaker 10

I got 2% one year.

1:14:07Speaker 7

Where did you come up with the number? I don't have a problem with the number.

1:14:09Speaker 14

I just got off Social Security's information.

1:14:11Speaker 7

Information website. Okay. I think I'm good with it.

1:14:16Speaker 14

So if, I mean.

1:14:17Speaker 7

We're talking about the elderly, Blaine. Yeah, I know. I'm one of them.

1:14:21Speaker 14

If you want to do a different amount, that's completely up to you guys.

1:14:27 – 1:14:47Speaker 11

No, I appreciate you researching it and figuring it out, and I'll make a motion. Okay. Okay, I move that we approve Resolution CR26-42, Homesteader's Credit, to increase amount based on Social Security's COLA 5.3% from $50,000 to $52,650.

1:14:47Speaker 14

We don't need the new resolution. We just need to amend.

1:14:50Speaker 16

You do need the resolution. the resolution amends, correct? Because you're abating, it's an abatement. Oh, sorry, did I say it right?

1:14:58Speaker 7

Correct, yes. Okay, I have a motion by Commissioner Blocker. Commissioner Newton, are you a second?

1:15:07Speaker 16

He dropped off at 5.30.

1:15:08Speaker 7

Oh, he had to leave?

1:15:12Speaker 7

Are you not a second?

1:15:17Speaker 10

I'll second it, but I won't vote for it.

1:15:19 – 1:15:37Speaker 7

Okay, that's fine. Okay, so we have a motion by Commissioner Blocker, a second by Commissioner Fackrell, who's gonna hold us hostage tonight. So, motion doesn't pass, we'll continue it.

1:15:37Speaker 14

Okay. I'll come back later. Okay. Thank you.

1:15:39Speaker 7

Why wouldn't it pass? Because there's only two of us. We needed corn. Oh, you needed three of us, sorry. Okay.

1:15:46Speaker 11

Unless you want to change your vote.

1:15:49Speaker 7

No. Okay, we'll wait until the next one. Janet.

1:16:01 – 1:17:35Speaker 9

So with the Comcast franchise agreement, we went back and forth. We have it pretty much hammered out. There is only one provision that we couldn't agree on, and I said, well, we'll just take it forward to the county commission. My recommendation, I'll make my recommendation, and I guess they can... make theirs, but the only provision I would change on this is 5.1 under franchise fees. They're asking that if another cable system comes into the area and gets a better deal on the franchise fees that they get to match it automatically. I don't like the provision because I have some utility companies that are operating within our county without a franchise agreement. And I don't believe we're getting that franchise fees from them. And so I do have a provision later under eight that if they come across like a different utility that's getting a better deal, the same type of utility company, then they can ask for a meet and confer and we can address it then. and make them consistent. But I also think when we're looking at different service providers, some have better reputations than others, some do a better job than others, and I think that's where we do a little bit less in what we're collecting or bonds or things like that.

1:17:35 – 1:17:47Speaker 7

So can you do that in a little bit easier terms for HICC to understand. Tell me a real life situation. How does that work?

1:17:48 – 1:18:14Speaker 9

So the 5% franchise fee is actually a federal Minimum, I think it's the minimum for cable service communication type utility. As a county, we get 5% of their gross or net. I think it's their net revenues from a year. So we'll be getting a little bit of money every year from them.

1:18:14 – 1:18:53Speaker 9

What they're asking is that if another cable service company comes in and gets a franchise agreement and say we go oh you only have to pay 2% that they automatically get 2% I don't want to do that because we have some companies operating without a franchise agreement and are not paying their franchise fee percentage and it's they're my next people to work on but I don't want this provision to automatically be In effect, if they find out, oh, hey, these guys aren't paying their franchise fees, we should automatically not pay ours.

1:18:54Speaker 9

Does that make more sense? Is the version before the commission today? I understand what you're saying.

1:18:59Speaker 7

But we're going to ask for five on all of them. Yes. To be fair.

1:19:05 – 1:19:24Speaker 9

So the only thing is under 5.1. Can you pull that up? Oh, Lordy. Oh, okay, 5.1. So I think we just take out, put a period after franchise area, and delete the rest.

1:19:27Speaker 7

Okay, and that's what we're approving, and you're gonna have to finish negotiating.

1:19:34Speaker 9

Is that what I'm understanding? Yep, that's what I will tell them, and I think they're gonna be okay signing it.

1:19:40 – 1:21:17Speaker 10

All right. Okay. Can I just get a little bit of a, or not, I'm going to give just a little bit of an insight since this was something I've worked on. There's been many companies that have come to us and asked for basically to put in cable or communication systems in the county. And as I sent to you guys this day, and Janet and Kate have it also, is the other one, I'm going to go out and say Comcast is doing this with their own private money. They have not asked for any federal, state, or any other kind of money. Anyway, they've gone about and they have decided they want to take and do as much as they can in Morgan County to provide super fast internet for anybody. However, also there is the other that I've already told Comcast about that they are also, they've received a grant from the NTIA, and that's Liberty Broadband, and they will be also asking for that franchise agreement. He sent that over so that way we can start looking at that, and it looks very similar. And so I just want And since this is a non-exclusive franchise agreement, which is a good thing, that way we can have competition. And it's not like Utopia that is, I think, completely exclusive. I don't know. Do you know, Janet?

1:21:18Speaker 9

I don't know, other than that's where I get my fiber.

1:21:21 – 1:23:02Speaker 10

Yeah, okay. So basically, that's the different things. And then we've got All West that's in the county also. And they're in a couple of different locations. We've got AT&T and another one. And so those are some of the different companies I think we're going to have to go after if we're going to have a franchise fee. And so just for the public to understand, there will be many options for people to get internet. Whether or not you're building a new development or what you're going to be doing, it's an opportunity for us to be able to choose who we want for fast internet, which those of us that have been around since dial-up, you know, it's pretty nice even just to have Wi-Fi. And, I mean, I'm pleased with 300 and 400 megabytes per second right now. And I'm getting that through Starlink. So there's different ones that are available. And I just want the public to know. And Comcast has gone and told me, yes, we might have to go and sharpen our pencils to make it work. to be competitive. So we'll find out whether or not they're competitive or not. But they're going to put $29 million into this project or $20 million into this project throughout the county. It's going to be countywide, giving them options. They said that they will probably not go to some far off places. But then again, they don't have to. It's their private money. and where the NTIA has told the other company that they are going to have to go to those places and make sure that everybody gets it. So just for the information, that's all it was for.

1:23:03Speaker 7

Okay, thank you. Did you have anything you wanted to say? I forgot your name already. Kyle. How old I am. Kyle? Thank you.

1:23:11Speaker 11

And you know, Kyle just got married. Yeah.

1:23:13Speaker 7

Wow. And he came home today.

1:23:16 – 1:25:42Speaker 1

Today's my first day back in the office afterwards. Lucky to spend it with you all. I guess I'll just start by thanking Janet for all the help on this. We've went back and forth on that competitive equity piece, and I think that our team is going to be fine just signing that. I just did want to clarify that that 5% is the maximum fee that you can ask for, and we are willing to sign that as we have across the entire industry. that we serve today. Just want to clarify a couple of things. So it is going to be about a $14 million private investment. So that's going to take no funds from the federal government or the state government. This is Comcast looking at this, the growth in the area and looking at the area now and making a long-term investment that we want to build out this area and be a partner to the county for many decades to come. As a part of this overall project, we are going to be building out Morgan City as well. We've already passed our franchise and pull attachment agreement with the city and working really closely with their public works department to start submitting permits to start building out. So this is all encompassing of both the city and the county, which we're really excited about. Like we mentioned, or I don't know if it was mentioned, but this is the project is gonna reach approximately 4,700 homes and businesses. So we're saying now over 99% of homes and businesses in the county Like was mentioned earlier, there's going to be a few one-offs that don't make sense costing, but very, very confidently, you could say over 99% of the houses and businesses are going to be reached with this private investment project. And as you all saw in the franchise agreement, it gives a lot of rights to the county as well as to Comcast in this partnership that we're going to have together. And our construction team is really excited to work with Ural's public works team, public utilities, to make sure that as we come through and build out the county, we're doing it as seamlessly as possible. And when and if things do go wrong, that we take accountability immediately and we work together to write any restoration or things that we may need as we build out this massive project. And I think the only other thing that I'd add is for timing-wise, we're hoping that this entire project will be done in 2028. We're kind of phasing it out right now. I've heard five phases. I've heard seven phases. So our construction team, we wanted to get through the franchise agreement first. But we're willing to sit down with whoever on the county staff to really map out exactly how we're going to go about this. Great.

1:25:43 – 1:25:56Speaker 9

And I'm sorry, Kyle. Dealing with the head cold. No, you're good. You're perfect. Thanks. He's been great to work with. They have really been, yeah, great responding back and forth. And we got this done pretty quick.

1:25:56 – 1:26:10Speaker 7

So I just only had one question as I read through it. I don't know how much you're going to turn to our roads and things like that. Is $50,000 bond sufficient? Is that what you normally do? Is that standard?

1:26:10Speaker 9

That's pretty sufficient across the board of the ones that we've already done.

1:26:15 – 1:26:26Speaker 11

And Kyle assured me that they will come in and leave our county better than they found it. Correct. As compared to maybe a different company. that I've been working with.

1:26:26Speaker 9

They've been extremely easy to work with compared to other companies that I've tried to.

1:26:33 – 1:26:55Speaker 1

You know, and we have a grade A construction team. And I know that everybody that's going to come in for a franchise agreement is going to say that, right? But I've got to see firsthand them work with folks. And everybody on our leadership team here in the construction team has been in the industry for 20 plus years. And we actually have an individual, his name's Greg Miller, that's going to be the manager for this, you know, the entire project encompassing both the county and the city. And he's really excited to

1:26:56 – 1:27:17Speaker 7

to get to know the county just to figure out how he and and our partners can be the best partner to to you all in your residence well i'm sure they're going to use more boring than anything so yeah okay all right thank you thank you mr chair i move that we approve this agreement for

1:27:19Speaker 10

at the non-exclusive franchise agreement for Morgan County and Comcast Cable Communications Management LLC.

1:27:26Speaker 11

With the changes?

1:27:28Speaker 10

Yeah, with the changes.

1:27:31Speaker 11

I'll second it.

1:27:32 – 1:27:47Speaker 7

We have a motion by Commissioner Fackrell and a second by Commissioner Blocker. All in favor? Aye. Any opposed? Okay, motion passes. You're up again, Janet.

1:27:48 – 1:28:04Speaker 9

Okay, so for the Enbridge easement agreement, Garrett hammered that one pretty much out. We've made a few more changes. They went back and forth. They're okay with them. I think everything in it is good to go.

1:28:04Speaker 7

I think we only have one change we were waiting on, right?

1:28:08 – 1:28:33Speaker 9

Yep, when they decided they were okay with it. So we're good on that. The only thing is we do have in the agreement I caught today where we warrant title. And so prior to signing, I would request that maybe Sean or someone in the recorder's office run a quick title search to make sure that our warranty provision, we're not saying something we can't back up.

1:28:36Speaker 9

But I think we've got time because I think they need to pay us before we're going to sign, too, as well. So, yeah, it's good to go.

1:28:45Speaker 9

So I have a question.

1:28:47Speaker 10

Sure. Janet, so I sent an email out to you today as a question to all of us. Did you read it?

1:28:59Speaker 7

She was sick today.

1:29:00Speaker 9

Yeah, I was on here.

1:29:04Speaker 10

It's basically says, okay, we've got two different easement grants here, one for Enbridge and one for Mountain West, whatever.

1:29:11Speaker 9

And I responded.

1:29:14Speaker 9

It's the same parcel number. It's different legal descriptions on that same parcel number.

1:29:20Speaker 10

So it's not the same, it's not two entities partnering?

1:29:24Speaker 10

but yet one's one and one's the other on the same piece of property? How's that?

1:29:29Speaker 16

It's different legal descriptions. It's the same big parcel.

1:29:32Speaker 7

It's the same piece of property right there, but one's right by each other.

1:29:35Speaker 16

They're buying this chunk. They're not buying. They're getting an exclusive, isn't it? They're getting an exclusive.

1:29:40 – 1:29:59Speaker 10

Then I had one other question for you, Janet. Okay. That's in here. And where it says on the first part, the one that's showing right here, it says make connections to, remove, replace, and abandon in place, whether above or below ground. That one later on, let me get to it.

1:30:01Speaker 9

We have a more specific provision, I believe, later on.

1:30:04 – 1:30:17Speaker 10

Yeah, where it says that they only have five years. And so here it's telling us that they can abandon it at any point. because it's in perpetuity within this area, but yet later on it says only five years. So what is that?

1:30:18 – 1:30:36Speaker 9

The more specific provision is the one that's going to apply. This is the introduction and the general layout of what the easement entails. Okay, because I just don't want that to be a problem later on. There's also a page number off that we'll have to fix, but that's only other things I caught.

1:30:37Speaker 10

Okay, then I'm fine with it.

1:30:42Speaker 11

You ready for a motion?

1:30:43 – 1:30:56Speaker 11

OK. I move that we approve the final revision of an exclusive right-of-way and easement grant between Morgan County and Questar Gas Company, DBA Enbridge Gas, Utah.

1:30:57 – 1:31:11Speaker 7

I have a motion by Commissioner Blocker and a second by Commissioner Fackrell. All in favor? Aye. Any opposed? Motion's unanimous. Janet.

1:31:12 – 1:32:31Speaker 9

Okay, on this one we have made changes and communicated with their representative regarding it. We wanted both easements to track the same language and this one didn't. For some reason in the back and forth it got missed. So basically there's just minor revisions like I added in the easement property definition in this one just like the Enbridge. There's a provision about compliance with laws, regulations, or ordinances. We changed that to an and. Then when it comes to assignment of rights, we added in that they can't assign without written permission from the county. So that'll track the same as the Enbridge one. They are way okay with that. Then the only other thing was it was exhibit B, they had the wrong name of the company. It was Mountain West Overthrust Pipeline. They updated that exhibit and so I have all those updated documents. I forwarded them to Kate like right before the meeting. But those are the only changes and everybody's in agreement with it.

1:32:31Speaker 7

Okay, so we'll need to make the motion with changes.

1:32:38Speaker 11

Okay, I move that we approve the final revision of an exclusive right-of-way and easement grant between Morgan County and Mountain West Pipeline.

1:32:45 – 1:38:58Speaker 7

Do you have a motion by Commissioner Blocker and a second by Commissioner Fackrell? All in favor? Aye. Aye. Any opposed? Okay. Thank you, Jana. Yes. May I ask for a recess real quick for all of us? We need one. Okay. We'll take a five-minute recess. Okay, we're going to go backwards on our agenda here just for a minute to action item number two. And I'll turn the time over to Commissioner Blocker to make a motion.

1:38:58Speaker 11

Okay, I move that. Yes, thank you.

1:39:03 – 1:39:17Speaker 11

I move that we approve Resolution CR26-42 Homesteaders Credit to increase amount based on Social Security's COLA 5.3% from $50,000 to $52,650. Second.

1:39:18 – 1:39:37Speaker 7

I have a motion by Commissioner Blocker and a second by Commissioner Fackrell. All in favor? Aye. Any opposed? Okay, motion passes. Okay. Is it you, Josh, or are we just going straight to Ray? Okay.

1:39:47 – 1:40:05Speaker 23

I really didn't plan a presentation or have any slides or bullets or anything. I think you guys have seen it several times now, and I thought we'd just... open it up for questions or go to the public comments or whatever you need to do. I have some questions. Go ahead, Blaine.

1:40:05 – 1:40:40Speaker 10

Okay, I have a question on page, I thought I'd written it on the page. Anyway, somebody just needs to explain it to me. 4.2 and 4.3. Okay, there we go. And then above that, it says 40% for open space, and here it says 47%, and here, on 4.3, it says 87%. So can somebody just explain?

1:40:41 – 1:41:50Speaker 23

So there's three kind of areas in the, there's phase six, which consists of Max Wilkinson's property and the Pliers property, kind of lump those together. That was close to follow up with what was on the original development agreement. then there was ted's property which is mgi phase nine um and then there's mcc which is the the new property being added so each landowner uh we separated our individual commitments as part of joining the da So Eric promised 40% plus a one and a half acre park with all the amenities. Ted also promised a one and a half acre park with all the amenities. He was original. In the earlier development agreement, he had a park. Eric's park is new. And then MCC is primarily new. guaranteeing the trails and the open space in perpetuity.

1:41:50Speaker 10

So then where does the 87% open space, is that because of the 50 acres that are in agricultural protection still or what?

1:41:59Speaker 23

The 87% for as far as MCC is like 170 acres of the 193 that we're bringing into the development agreement.

1:42:10Speaker 10

So you're seriously going to have 87% open space in that one phase of MCC, phase 9 of MCC property?

1:42:18 – 1:42:29Speaker 10

And in the MGI, you're having 47%, and at least 50 acres of that is required to be open space as an agricultural open space.

1:42:30Speaker 10

And overall, you're providing...

1:42:36 – 1:43:01Speaker 23

60 percent 57 if you take the 434 acres that is part of development agreement number three we're promising 67 on average across the whole site wow okay and then the there was a part in there that talks about the

1:43:05Speaker 10

I know you were asking like 260 some odd, and yet in this one, it's now in 6.0, it's 222 total developments. Is that correct?

1:43:15 – 1:43:32Speaker 23

Correct. Last November, it was 253. We did an addition of 240 that still didn't meet muster. And so we're down to 222 without any town homes and without any lots that are smaller than 10,000 square feet.

1:43:33 – 1:43:54Speaker 10

Okay, and then on the, there's a portion in there that if the MOA does not accept this new HOA that you guys can then go and have your own HOA, is that correct? So when does that have to be done by, is it before the first one is platted? Is that what it was? Or how does that work?

1:43:54Speaker 9

They will have to have an HOA or join the MOA prior to platting. Okay, so before the first one can plat. Can be recorded.

1:44:03 – 1:45:08Speaker 23

So Phase 6 revised, they call it, and Phase 9 MGI, they were always within the Master Homeowners Association's legal description. So they will naturally, they're just automatically, unless somebody says, no, we don't want you, they're automatically in the Master Homeowners Association, no ifs, ands, or buts. uh... mcc the phase phase nine mcc we're new we're not in their dick declaration area so their master homeowners association house taps to vote by a seventy five percent margin to allow us to join that's something that the as soon as they do that we're going to join to we just want the same we just want to be listed like a declarant like everyone else it should be really easy they just have to do a resolution or a motion, but it's outside of our control, it's outside of the county's control, it's in their court.

1:45:11 – 1:45:23Speaker 10

Okay. Is it possible to talk to our president of the MOA? Or not president, but the representative of the MOA and Zach?

1:45:23Speaker 9

They would be able to talk in public comment, but they're not the applicant.

1:45:26Speaker 10

I didn't think we had public comment. We do. Oh, we do. Okay, never mind then. Okay, I'm fine. That's all I have.

1:45:34 – 1:46:19Speaker 11

Okay, my favorite people, I get to see you like every two weeks. It's awesome. No, thanks for coming back. Okay, I've gone over it again. And in item number three, joined during the master HOA 3.1, there's a phrase in there that I'm not in love with. And it's commercially responsible, or reasonable, not responsible. Commercially reasonable and good faith efforts to cause phase nine MMC property to become annexed. So commercially reasonable, what does that mean to you?

1:46:19Speaker 23

I think we'll probably have our lawyer draft them a letter and say, hey, we would like to join under the same conditions. This is our understanding. Do you accept us?

1:46:31 – 1:46:43Speaker 11

Okay, because to me that says you'll take the steps if it's a good business move. If it's not, then, oh.

1:46:44 – 1:47:12Speaker 9

not commercially reasonable so i don't know if we can drop that phase that phrase i'm fine with dropping it i guess the way i read it is that if i'm a developer wanting to join the moa i need to do it in the context of a developer joining the moa that's the commercial way like i'm not just a personally reasonable way.

1:47:13Speaker 11

Well, I'm reading it as a business. It's a business, right? Yeah, as a business. So if it doesn't make financial sense, I did my part.

1:47:22 – 1:47:43Speaker 9

No, I think it's their efforts. The commercially reasonable is defining efforts, not whether it's commercially reasonable for them and their business constructs. The commercially reasonable is defining efforts.

1:47:44Speaker 23

Either way would be fine striking it.

1:47:46Speaker 10

I was gonna say, what about just taking out commercial? And that way it's just reasonable and good faith efforts.

1:47:57Speaker 11

Are you okay with that?

1:47:59 – 1:48:27Speaker 11

Okay. All right. Okay, and then in 3.3 HOA functions, are you talking here which HOA, like the existing master HOA or possibly a new one? What's that referring to?

1:48:27Speaker 23

I believe that's either. I mean, if the alternate, it would apply to either. Those are the basic accounting requirements of an HOA period.

1:48:37Speaker 9

That's correct.

1:48:41 – 1:49:02Speaker 11

Sorry, I've gone through this like. Step by step. All right. And then throughout the amendment, it uses applicable HOA, alternative HOA. Is that the same thing?

1:49:03Speaker 9

Yeah, we probably could have tightened up that language and just had applicable HOA or MOA. OK. Yeah, they mean the same thing.

1:49:15 – 1:50:09Speaker 11

Going on to 4.1, revised phase six property. Let's see. So talking about the agricultural, and this will apply to phase nine MDI property as well. Such acres is deeded restricted substantially in accordance with the form of restrictive covenants attached as Exhibit G. And as I read through Exhibit G, it didn't discuss what happens to the agricultural land if it stops being farmed on, if nothing's happening in agriculture. What happens to the land?

1:50:10Speaker 9

I'm pretty positive we had that somewhere.

1:50:13Speaker 23

Yeah, I thought so, too.

1:50:15Speaker 10

It's in the room 42 and 43, I think.

1:50:18 – 1:50:30Speaker 9

I know it's in the original DA, that it needs to then go to the HOA, applicable HOA. But I'm pretty positive we had it. We didn't see it in Exhibit G. We had it somewhere else.

1:50:30 – 1:50:45Speaker 11

I saw it in the old Exhibit G that we had last week, but not this one. And the old one, it said after 24, well, the one we had two weeks ago. I don't know if that was yours or was that someone else's? Was that the HOAs?

1:50:48 – 1:51:07Speaker 23

Yeah, they asked that if it wasn't farmed for two years that we deed it to them. And we said that that was a no-go and we wouldn't do that. I mean... I don't know. If someone stops, someone gets hurt or something and can't farm their land for two years, do you have to give it to somebody?

1:51:08Speaker 10

No, you shouldn't.

1:51:10Speaker 11

But are you getting the tax savings?

1:51:16Speaker 23

Ours is under Greenbelt for being in pasture land. I mean, that's what it's going to stay as, is pasture land.

1:51:25Speaker 23

Or, you know, grazing.

1:51:27Speaker 10

And if it's not used for one year, you can actually be taxed on it. So you have to make sure.

1:51:33Speaker 23

I mean, I'm just being practical here.

1:51:34Speaker 10

I'm just giving you something you might want to be aware of.

1:51:37Speaker 23

I mean, if we drag one sheep out there and take a picture of it.

1:51:42Speaker 10

It's not going to work. Not on 50 acres. That's about 50.

1:51:48Speaker 11

Nice. John, if you find that, will you tell me?

1:51:51Speaker 10

It would be 250 animals you'd have to have in there.

1:51:54 – 1:52:22Speaker 11

Because I do recall it. Yeah, just let me know. And then I just was wondering, if you go down, it says the balance of the required open space shall be designated as common open space and conveyed to the master HOA or if applicable pursuant to the alternative HOA. Just curious why we need that if phase six already is automatically going to be joining the master HOA.

1:52:24Speaker 9

And it can be just applicable HOA.

1:52:33Speaker 11

And then the same thing down in 4.2, it says the same thing. So maybe also say applicable.

1:52:41Speaker 23

There's not a lot of wiggle room, and we don't want to try and get out of joining the master aid, specifically for those two parcels. So you're right, those are a little bit different than 4.3.

1:52:54 – 1:53:20Speaker 9

Yeah, it's just a fail safe too in case something happens and they're unable to join the MOA. I don't want to leave a phase without an HOA to take care of the open space or amenities. So I don't have any control over that MOA. The county has no control over it. And so there needs to be a backup to make sure that the stuff is going to be taken care of.

1:53:23 – 1:53:36Speaker 11

Okay, 4.2, at least 50 acres of required open space shall be designated as agricultural open space. At least, so he could do all of it as agriculture?

1:53:38Speaker 10

He's got more than 50 acres.

1:53:40Speaker 23

That's how it's written. I mean, it's more open space. That's what everyone wants, right? Perpetually preserved open space.

1:53:48 – 1:54:03Speaker 11

Well, this is agricultural. Well, it's still open space. Not native open space. Where the plier says up to nine acres. So we know they're not going to go over nine, but we don't know if Ted's going over 50.

1:54:06 – 1:54:23Speaker 23

I mean... I know it's written in the document is what they're, I mean, Ted could come up here, but he's always said, I probably am going to go with less lots than 87. He wants to go fewer. So this is, I don't know.

1:54:24Speaker 11

Ted, would you be comfortable with that said up to 50 acres? No. Instead of at least?

1:54:30Speaker 9

Well, do you want less?

1:54:32Speaker 10

And so then you could have one acre. We want more. So that's why the least is there.

1:54:38Speaker 11

i'm reading it a different way it can be more than 50. but that's agriculture we want Native.

1:54:47 – 1:55:23Speaker 4

With the property that's there, my intent is to keep as much of it open as I can, but I don't want restriction on it. I'm allowed so many lots for homes, and if I choose to do those, that should be fine in keeping with what agreements have been made. And then the other space that's there, the open space, I should be able to use that for farming or grazing or whatever the case may be, as long as I don't. go different than what we're talking about. I don't wanna have any restrictions. How'd you like somebody to tell you how to plant your backyard?

1:55:24Speaker 11

Well, you're in a DA that has overlay and does have a restriction.

1:55:28 – 1:55:39Speaker 4

Yeah. And so there should, if I'm keeping within the other part of it, as far as with the number of lots or whatever. Well, yeah, I'm not talking about the lots.

1:55:39 – 1:55:51Speaker 11

I'm just talking about at least, not, you know, at least you want 50 acres to farm. But what if you want all of a sudden all of your acres to farm?

1:55:52Speaker 10

What's wrong with that?

1:55:55Speaker 4

Yeah, I don't know how else you'd want to read that.

1:55:59 – 1:56:11Speaker 11

I would breed it the same way the pliers have it, up to 50 acres, because the Cottonwoods DA requires, you have native open space and you have agricultural open space. They're two different things.

1:56:14 – 1:56:46Speaker 23

If I may, if you refer to the concept plan, There's specifics. The western portion of his property is listed as common open space. Then it's just the east side near where I think his kids' houses are going to be that they want to have the farming. So it's not like I'm limited. There's clearly lots of spaces in the concept plan that are clearly labeled as common space. I think that should be good enough, I hope.

1:56:47 – 1:57:02Speaker 11

I'm not comfortable with it. I know you're not going to do anything, but I know I trust you, but I don't know who's taking over it after you, right? I don't know down the road where they could say, oh, at least, but I can have more than that.

1:57:06 – 1:57:22Speaker 23

And that's why we have the 47% catch-all. It's still 7% better than the minimum. 40% is the minimum for the DA zone, and he's promising to be have more open space than the minimum.

1:57:23Speaker 11

Right. Open space. There's a difference between the agricultural and the native open space.

1:57:32Speaker 10

Tell me how it works. May I ask that question to you? Yeah.

1:57:36 – 1:58:01Speaker 11

Agricultural open space belongs to the landowner, and he can farm it and keep it open space and, you know, keep ag on it. Where native open space is for native animals and deers and its natural habitat, and it's deeded to the MOA for their open space.

1:58:04Speaker 7

I'm not sure on that one. Janet?

1:58:09 – 1:59:05Speaker 9

So the original development agreement had a provision in it that said, oh, it's under that ICI 2.6.4, which has so much wiggle room. It says that if the developer stops using the agricultural space for farming purposes, the developer may elect to deed the agricultural open space to the master HOA at no cost. And the master HOA shall be required to accept it. once conveyed, then it must remain either agricultural or native open space. However, we got to look at that May. The developer may elect to deed it. So even in the original one, if the property quits being used for agricultural purposes, it just sits there unless they choose to deed it over.

1:59:08Speaker 11

Which is what happened. In the past, in the Cottonwoods.

1:59:12Speaker 7

Well, it was sold in the past.

1:59:14Speaker 11

It was sold to another private person. It was sold.

1:59:17Speaker 9

Which they are allowed to do.

1:59:18Speaker 7

Do we have a provision in there that says they can't sell it or not? Because it's their property, huh?

1:59:22Speaker 9

It's their property.

1:59:24Speaker 9

And we're already having all the covenants on it that it has to remain as agricultural open space. I mean, it's going to be plotted.

1:59:34Speaker 23

Yeah, the covenants would survive the sale.

1:59:40Speaker 11

So are you wanting to farm more than 50 acres?

1:59:46 – 2:00:17Speaker 4

i don't know exactly how everything will plat out or what area is going to do right now i have the ability to do a certain amount of lots and then the agricultural part and so i'm just looking for some flexibility if i'm within the guidelines you have there i might have larger lots instead of 10 000 square foot because there's more property there and then it wouldn't be as much to farm, but the houses wouldn't be 10 feet apart.

2:00:20Speaker 11

So would you be comfortable changing to at least 50 acres to up to 50 acres?

2:00:28Speaker 9

Okay, I'm going to recommend against that because then they can only have one acre of open space.

2:00:35Speaker 11

What do you mean?

2:00:39Speaker 16

If you say up to, there's no minimum.

2:00:42Speaker 11

Up to 50 acres, that's the minimum, right?

2:00:46Speaker 16

Right now, the minimum is 50. What you're wanting it changed to would make it cap at 50, and then the minimum would be a whole lot of nothing.

2:00:56Speaker 11

Is that right, Josh?

2:01:04Speaker 23

I'd rather have 50 acres minimum. Yeah, the catch all is the 47%. So what happens?

2:01:12Speaker 11

Tell me what at least means.

2:01:20Speaker 13

If you're required to have at least a certain acreage, then you can't go below that. If you require up to, then that's a maximum.

2:01:30Speaker 11

That's what I was saying.

2:01:31Speaker 13

So you're saying maximum of 50, up to 50, maximum of 50, you can have anything less than that.

2:01:39Speaker 4

Mm-hmm. which could be zero acres.

2:01:40Speaker 13

That's not what you want. You want at least 50 acres or more. No.

2:01:47Speaker 13

You want more open space, my understanding is.

2:01:50Speaker 11

Right, I want more open space but not more agricultural space. It's different in the DA.

2:01:57Speaker 13

But in a rural community.

2:01:58Speaker 11

Because one is deeded to the MOA and one is not.

2:02:05Speaker 13

But it's still open space.

2:02:07Speaker 11

They're two different open spaces in the DA.

2:02:12 – 2:02:33Speaker 9

So if you wanted to change it so at least 50 acres of the required open space shall be designated as acre cultural, what you're saying is you want a certain acreage that is native open space of that 50 acres?

2:02:37Speaker 9

How many, do you know what the acreage is in phase nine MGI property?

2:02:41 – 2:02:53Speaker 23

Yeah, do you know what your total acreage is? Do you know what your total acreage is of your two parcels?

2:02:54Speaker 9

125, so 47% of 125. I guess I can't do math because my head hurts.

2:03:11 – 2:04:16Speaker 9

58, so 50 acres would be agricultural and eight acres would be designated something else. I think further in the paragraph it says common open space. The balance is common open space. If you want of that 50 acres to be not agricultural, all of it, then I think you need to specifically state how much you want as native. And then again, that's taking away property if it has to be deeded or it has to be turned over to the HOA or MOA. and they're gonna have to maintain it. And if you don't have as many houses on it, you're not generating as many HOA fees to maintain that native open space. The nice thing about the agricultural open space, when it's privately held, is the private owner is doing all the maintenance on it.

2:04:18Speaker 10

And they're taking care of it, too.

2:04:21 – 2:05:28Speaker 23

We like how it's written now. Yeah, in the original development agreement, there was never any point differential between agricultural open space and common open space or native open space. Open space is open space, and we felt like we've met that. And when we started looking at this a year ago, we looked at the 2.6.4, and we studied that and said, yeah, we can do that. That's what we want. We want what the original developer had. That's about where we stand. I mean, it is a little bit different, but this is the periphery of the property. It's not like we're doing islands of agricultural. Those areas are part of the common open space. They're clearly going to get deeded straight over. So it's just where Ted draws that line, it's like, okay, this is where the backyard ends and the farm starts. We'd like to leave it up to Ted. You're guaranteed the open space in perpetuity, 47%.

2:05:29 – 2:05:42Speaker 10

So a question on that. Ted dies and he still keeps the property. His kids don't want to farm it anymore. Then what happens to that 50 acres?

2:05:44Speaker 23

If they choose not to farm it, 2.6.4 said we can gift it to the Master of Ritual and they shall accept it.

2:05:54Speaker 10

Okay, so that means that's free.

2:05:55Speaker 23

They want it anyway, right?

2:05:57Speaker 11

They may gift it.

2:06:00Speaker 10

I thought it was shall.

2:06:05 – 2:06:19Speaker 23

But either way, the covenants, you know, provided everything's recorded at that point, they prevent you from doing any kind of development on it. We tried really hard to make this as restrictive as possible. I appreciate that.

2:06:20Speaker 10

What was the reasoning with 50 acres and not 49 or 47 or do you?

2:06:29Speaker 23

50 acres is what's drawn on the concept plan.

2:06:32 – 2:08:14Speaker 10

Okay. I was just curious because, you know, there's a lot of in my heart agriculture that, you know, we pass it on to generations and those generations don't want to keep it in agriculture. And I'm worried that at a later date, of course, as I was told two weeks ago, you know, Blaine, you're not going to live forever. And that's true. I won't live forever. So for me in agriculture, I want to keep it in as much agriculture as I can, or at least even open space. However, as we saw with ground that was not grazed or taken care of properly, that burned up. This year, the last two years, they basically took out agriculture. And because of it, there was no stopping the forest or the fire, which in a few years before that, when we had the first fire up in that same area, where the livestock had been grazing, the fire never went into that area. If we had done that, if they had done it, the owners of that had done that without environmental fanatics, if they had done that, we would not have had such a devastating fire. So to me, agriculture is a big thing. I think we need to use it for agriculture, and I'm hoping that as long as Ted's alive or as long as he owns the ground, that it will stay in agriculture. And if it doesn't, I'm hoping within his last wishes that he might turn it over to the MOA.

2:08:17 – 2:08:57Speaker 13

Okay, we better move on. If I may just add something. So we're arguing over the 50 acres or whatever. It's 125 total acres. There's a restriction he has to provide at least or a minimum of 47% open space. That's equivalent to almost 59 acres. He's asking for 50 of that to be agriculture. Almost nine of it would be the common required open space to get to that 47%. so he would and then this also there would be the other phase nine open space that's already there or whatever that wasn't kind of taken out so okay thank you

2:09:19 – 2:10:32Speaker 11

OK, now I'm jumping over to 6, residential density. So this says the agreement shall be 222 dwelling units. with 104 dwelling units in the revised phase six property, 118 dwelling units in the revised phase nine property. Me personally, I'm not comfortable with the 104 in the revised phase six property. with the three bonus densities that we gave for the park in that area i am comfortable at 94 for phase six and i don't know if you guys are gonna like that um and how you distribute that if that's 45 for the pliers 49 for the wilkinsons i'm not sure but that's where i'm comfortable with i don't know about the other commissioners

2:10:38 – 2:10:50Speaker 7

Do you want to explain that, Raylene? Yeah. How you come into those numbers?

2:10:51 – 2:11:19Speaker 11

So in the maximum overlay, it should be 91. But then we gave, well, in the regular, then we gave the three for the bonus density, which makes it 94. But what you're actually allotted is 35 for the Pliers and 56 for the Wilkinson before the...

2:11:21 – 2:11:56Speaker 23

So if you look at the total amenities brought by everyone in this DA Amendment 3, and you put it into the points charge for the bonus density, it came out to $877. That's exactly what it was before the language says, well, at least the people that vote yes for it are believing that the amenities that we're bringing in are equal to the amenities that were taken out. So I mean, I guess that's our proposal.

2:11:57 – 2:12:34Speaker 7

I think what she's saying is that you're taking all the bonus density, correct? basically it's equally spread but everybody else it looks like on their numbers from what i've seen there is is stuck to the overlay amounts except for that area that's how i'm seeing it no i mean uh phase five they didn't do what was in the overlay report they did a whole much more

2:12:34Speaker 23

condominiums than it was originally.

2:12:37Speaker 7

I'm talking about future. I'm not talking about past. I'm talking about future.

2:12:41Speaker 23

Yeah, no, we really.

2:12:43 – 2:12:54Speaker 7

It looks like everybody else, you're saying, hey, you're stuck with the overlay amounts, but we get the extra density.

2:12:55 – 2:13:32Speaker 23

Because we brought additional amenities. that's the whole reason then a phase eight they we said they we counted 57 lots we carried that forward in the future count make sure that we're under the 868 we're we're well with underneath the 868 if they want to do something different if they want to propose a park or additional amenities they could do so and they'd still be under the 877 but Our amenities are our amenities. They apply to our properties, and that's why we're here together. It's kind of a joint thing.

2:13:33 – 2:13:46Speaker 7

I know you just said in the last meeting, well, if this doesn't work, then we're out. We'll just go back to the original, which I thought was like craziness, but... Because that doesn't even give you half of what you're asking for.

2:13:47 – 2:14:07Speaker 23

Well, actually, Relene said that there was 91. It's kind of weird because Phase 6 and Phase 7 don't follow the parcel lines. Phase 6 actually includes part of Phase 7. So 91 from 104, what's that, 15? But we're given a park and a pickleball, more trails.

2:14:14 – 2:14:34Speaker 7

It's just a hard situation because I know because I've been in the meetings that they don't feel like it's a fair trade for what they were getting to what they are getting now. I'm just trying to... be open and honest and fair about everything.

2:14:34 – 2:15:46Speaker 23

We've tried. We added the view corridors, you know, for Zach and for many other people that they just don't want to feel like wall-to-wall houses. We've accommodated in lots and lots of places, and we feel like 104 is completely justified for 114 acres. I mean, it's a big parcel. I mean... Okay. Actually... Our fallback plan would be to install an equestrian center. The equestrian center, if you look back in the DA, it counts as open space. So you're gaining more actual open space with what we're proposing than if you were to hold the line at 91 or whatever it is. Fine, we'll build an equestrian center and we'll stick with it. 91. You're losing a park. You're losing the trails. Look at the trails in old phase six. It was a bunch of horse trails. Do you want to walk next to horse poop? I mean, what we're proposing is better. It's clearly better.

2:15:46Speaker 7

OK. Do you have any other things before we go into public hearing?

2:15:59 – 2:16:11Speaker 11

I know you kind of addressed this, but it's still a little fuzzy for me. Is there any bonus density left if you got all 222 for other developers that may come in?

2:16:13 – 2:16:43Speaker 23

We tried to keep that bonus density from the amenities that we've added. We've tried to keep it locked onto our land. For instance, if Ted does only 80 lots out of 87, we can't transfer any of those lots to anywhere else. So the density goes down. I mean, it's a win-win. They take out the provision to move density around, because that's always been the confusion before, and that's been removed now.

2:16:45 – 2:17:44Speaker 9

So I tried to do some calculations, and I don't know if mine are accurate. They're based off of some of the calculations you provided earlier that other phases had as well. And so when I went back and was redrafting or changing parts of this, I wanted to make it super clear that 222 is just for them. Right. And it comes off the actual agreed upon maximum density was the 868. That's what the county originally agreed, even though they talk about more, less, but it was 868 with the golf course, right? Yes. So without it, then it goes down. Now, so if we take it, the 868, I think if they plotted everything they wanted to plot and with everything that has been plotted already or is in the works, I think it's around 78 left for the other,

2:17:46 – 2:18:10Speaker 23

That sounds about right. There's a good table in the overlay report supplement, and it shows that if phase eight does the 55, which is on the concept plan, and Brant does eight, which is kind of a stretch, but there's like between six and eight on his property, then it should It should finish at 856, which is below 857.

2:18:10 – 2:18:23Speaker 11

But does it leave them any bonus density? Like if they were to get a huge park or something and the county wanted to give them extra lots, is there no wiggle room there to give them bonus density?

2:18:23Speaker 9

They're still under the original development agreement.

2:18:27Speaker 11

But will we reach the max amount?

2:18:29Speaker 13

So they'd have to come back in and amend the development agreement to get bonus density. I mean, they're just like the Nettleton's.

2:18:36Speaker 11

To make it higher? Yeah. See, that's my problem. We don't want it higher.

2:18:42Speaker 23

We have no control over what they may or may not do in the future.

2:18:47Speaker 11

Well, if we don't give all the bonus density away, we do.

2:18:52 – 2:19:12Speaker 9

So the way I redrafted this is that there's no transferring density between them or anybody else. So it's delineated in that six is that each of the current owners get that amount just for them. They can't transfer back and forth between each other. So that's how it's drafted.

2:19:15Speaker 7

Which is what we wanted.

2:19:28Speaker 7

Any more pink items?

2:19:29 – 2:19:53Speaker 11

Lots of pink items. Okay, you want this to, this amendment to remain in effect until September 2046 or the termination date otherwise provided in the original development agreement? That's like in five years?

2:19:56Speaker 11

Sorry, this is 18 under term.

2:20:12Speaker 9

Yeah, that needs to get fixed. I missed that. Good catch.

2:20:15Speaker 11

Yeah, great catch. So how would that read then?

2:20:20Speaker 9

Well, I would just pick a termination date for this one. and not have any alternatives.

2:20:31Speaker 23

What's the original say? That's been in the draft for the last two times, 2046. We better stick with that.

2:20:37Speaker 11

And then strike out the termination date otherwise provided by the original development agreement?

2:20:45Speaker 9

Pretty quick turnover there.

2:20:49Speaker 7

Yeah, we don't need that. Better get your carpenter belt.

2:20:55 – 2:21:06Speaker 7

Because Commissioner Blocker could still be here by then. OK, I'm looking for a motion then.

2:21:07Speaker 11

Chair, I move we go into public hearing.

2:21:10Speaker 7

Second. I have a motion by Commissioner Blocker and a second by Commissioner Fackrell. All in favor?

2:21:17 – 2:21:32Speaker 7

Aye. Any opposed? OK. We're now in public hearing. Any of the public that would like to come forward and speak, please keep your comments to three minutes. State your name and where you live.

2:21:36 – 2:25:07Speaker 2

Hi, I'm Jennifer Lance, speaking on behalf of the Cottonwoods MOA. First, I just wanted to address declarant rights. There were some questions on that. On August 11th, our legal team spoke with our council and the Council for Gardener Development. They assured us they will not use their declarant rights to oppose the MOA's decision to support annexing to the applicants into our MOA land. We feel that if there was no opposition to joining the MOA, there is no need to create a separate HOA. We would have to strike that portion of the amendment and we're ready to welcome them and work together in the future. My only concern with their amendment is density. The Cottonwoods was never approved as a standard subdivision. It was approved as a master-planned community. Bonus density was granted for one reason, in exchange for a binding plan that protects the community. These regulations include density limits, community-wide amenities, and strict requirement for 40% native open space. That is in the DA. So Raylene was right on that. Those 40% open space isn't just a line on a map. It is a vital refuge for our local wildlife. the marshes fields and native plants bring deer moose sandhill cranes ducks hawks and sometimes rare snow white or great horned owls to our community if this native open space is lost or renamed as agricultural land the habitat is permanently destroyed the wildlife our community loves will be gone if the agricultural land is held privately we would ask that 40 open space still be protected On Density, the development agreement explicitly states that when a conflict arises, the development agreement and the overlay report should be followed. That rule matters. The DA limits phase six to 67 lots and phase nine to 70. However, the overlay is much more generous. It approves 91 lots for phase six and 93 for phase nine. This is a huge jump from the 67 and 70. The MOA is happy to support the totals in the overlay, but we feel it is extremely important to hold each landowner and each developer to the same standards. If the applicants are using the same agreement as previous and future developments, or developers, they should also be held to the same restrictions and regulations. Amending the overlay totals for one applicant would be a double standard. We would respectfully ask that the overlay totals of 91 lots in phase six and 93 in phase nine be upheld. Now the county already agreed to the three extra bonus. That would be 94. We are not asking the county to deny reasonable development, but if the applicant retains the higher density rights from the original agreement, the county should also require them to honor the commitments that come with those. These commitments are the 40% open space and the overlay totals. We cannot keep density promises without holding to the overlay requirements. We respectfully ask the commission to protect the requirements of the original overlay. Holding to these commitments preserves our wildlife, protects current homeowners, safeguards our resources, and ensures responsible growth for the future of Mountain Green. Thank you.

2:25:10Speaker 16

Chair? Yes. Vaughn is on. Can I just test his mic real quick?

2:25:15Speaker 16

Vaughn, can you hear us?

2:25:18Speaker 21

Yes, can you hear me?

2:25:19Speaker 16

Thank you. I just wanted to test that. Thank you.

2:25:43 – 2:29:38Speaker 17

Zach Burton from Mountain Green. Just a couple of things that I would bring up. Commissioner Fackrell, talking about the land and the difference between the agricultural and the native can get a little cumbersome. And one thing that I'd like to point out from the beginning and then just make a few comments. WHEN THIS LAND WAS PURCHASED, THERE WAS AN ASSIGNMENT AGREEMENT SIGNED THAT THEY HAD TO FOLLOW AND ADHERE TO WHAT WAS ACCORDING TO THE MOA, OKAY? THROUGH THIS PROCESS, EARLIER SOME LAND WAS TAKEN OUT. AND SO ONE THING I WANT TO POINT OUT IS THAT WHEN RAY SAYS THAT THERE'S WHATEVER, I THINK THE NUMBER WAS 87% IN OPEN SPACE, THAT LAND'S NOT COMING BACK INTO THE MOA, OKAY? But I want to make sure and acknowledge that one of the things that we've agreed with them, and when I say we, just as a community, everyone's kind of working to try and do the best they can. But they've agreed to put in some restrictive easements so that land stays agricultural, right? And that they would also provide the trails with permanent easements. My first question that I wanted to be addressed is if those easements are put in place and the MOA agreement expires, or 2046 expires, then are those easements still there? So even when Mr. Taylor, his grandson's ret, we don't want him doing anything, he's crazy. I'm totally kidding. He's a great kid. But to make sure that if we're not having the land go into the MOA, then are those easements, are they in perpetuity? Because otherwise, there's a big, big, a big, a big... about what the assignment agreement should be. So I think that's one thing. And again, I'm just a community member. I'm not a member of the MOA. And as Jen stated, they want that to be native open space. so i think that needs to be addressed and made sure that that's in perpetuity if it's to be farmed um and then and then they're right they've they've they've gone through and changed some of the stuff that was what didn't realize had to be part of the agreement to begin so they have taken out the 10 000 um minimums or below excuse me they have taken out the town homes they have added parks you know as jen stated for the agreement a little bit higher um but And the MOA is also acquiesced a ton. Those 180 acres are, again, to repeat, are not coming back into the MOA. There are just going to be deeded easements. Me personally, and I'm just one person, I would be okay having Ted have his land stay agricultural. and the pliers and, excuse me, the Wilkinsons and pliers, I'm okay with that if those data restrictions stay forever. We can go and talk about what's happened and occurred in the agricultural open space so far, and it is disastrous. The trails are shut down. There's things being built on it. If it's really ag and there's not things being built, I would support it. And the only thing they're not gonna like is we've gone over and there's so many confusions, but Jennifer said something really important and it's in the agreement. You go back to the overlay. I don't see how you can acquiesce on all of the ag open space and all that and still provide 104 lots in phase six. Doesn't make sense. You're continuing to push the limits and then I am worried what occurs with other developers that will come before you and have said to the community, They want to wipe out our current trails. They want to do those things. I just don't see how we could fundamentally support that. So from a community member, I think even though you guys said the 94, I think it's somewhere between 91 and 94 should be the max that goes into the density in that area. And everything else they're doing is fantastic. Those are my only thoughts. Thank you. Thank you.

2:29:43 – 2:32:27Speaker 12

Heidi Dorius, Mountain Green. As we spoke at the last meeting, as we talked about the open space that they want, my understanding is open space because of density. So whether it be agriculture or native is not necessarily what, this is now the question we're going with. as I brought up last meeting is that the previous developer does have quite a good lot of native open space in phase nine that again was not accounted for in this because it's not Ted's property and he can't speak for him and that is native so and if you know where Ted's property it is what used to be the dry farm and so that is it's what you want is agricultural and You want to farm it. You want it to stay that way because the other part, the hill and the sagebrush, that's going to be native for him. But anything that's agriculture, you're going to want to make sure that someone responsible is taking care of it the whole time. And I just think that don't forget as you make this amendment that every single one of these phases that come through, they have to go back through planning and they have to come back in front of you again. They have to do geotechno studies. They have to do all of these things. And so this, what you agree on today, is to say that they can make plans for the future. it is not a stamp for any one of those phases so all they're asking is saying let us have a chance to make plans for our future and then we're going to come back through it when you actually put a stamp on the houses okay so i'm going to ask you to clarify a little bit i can't tell whether you're for or against what the Oh, I think that they put a maximum amount of houses in each of those phases because who doesn't do that? In reality, it doesn't usually phase out that way. I love that they put a strict thing that you can't put them in between the different phases, that you can't give a little here and take a little there. I really just feel that with agriculture where you say that you want it to be more native space and you didn't want it, I don't know if that's a great idea and you understand how much work goes into taking care of agriculture space, keeping it clean, keeping it not a fire hazard. I mean, there's just, but all those hills that you have around you, that is native. And again, the developer, his previous space that comes down off Ted's property that goes to the reservoir, all of that is supposed to be native open space that is there right next to the reservoir for all of your wildlife, all of your cranes, all of that. That is a beautiful spot. that's for your native open space, that's supposed to be turned over, that's not even discussed tonight, but that's supposed to be guaranteed turned over. Anything else, Chair?

2:32:28Speaker 7

No. Okay. That was it.

2:32:31 – 2:32:54Speaker 9

I want to clarify one thing. In the original documents, it says preserved open space. The Cottonwoods Putt Overlay District shall maintain a minimum of 40% preserved open space. Preserved open space is the sum of all land that is perpetually left naturally undeveloped or in agricultural.

2:32:56Speaker 7

So can you explain what this land is that Heidi's talking about, where this land is on Do you know? No. No.

2:33:04Speaker 9

I don't have that kind of ability.

2:33:12Speaker 12

Sorry, Kate. I was wondering if you could access it quick because I had to go try and sign in and set up an account and everything. Do you want that? Is that what you want to see? Yeah.

2:33:21Speaker 7

I'd like to just see where that lands.

2:33:25Speaker 12

I have superpowers.

2:33:26Speaker 7

And that's guaranteed open space?

2:33:29Speaker 12

It's supposed to be in the phase nine of the old, the original.

2:33:35Speaker 14

This is a touch screen.

2:33:39 – 2:33:50Speaker 16

Oh, I'm totally making you drive. Okay. So you just, best of luck to you. This was, where were we at?

2:34:03Speaker 12

That's the reservoir? Okay, so see this? Look at this.

2:34:06Speaker 14

This right here.

2:34:08Speaker 1

Take the mic over with you.

2:34:16 – 2:34:36Speaker 12

Okay, so look at this. This is Ted's right here, this side. But all of this is the original developers that's supposed to be, oh, and I touched it, is supposed to be, that is all native open space that's supposed to be turned over to the MOA. That is part of phase nine.

2:34:37Speaker 7

When you say supposed to be, what does that mean?

2:34:40Speaker 14

The original where it says that, the original vehicle.

2:34:50 – 2:35:01Speaker 16

Sorry, I have to have you on mic for my IT guys. I'm sorry, Chair, do you want him to speak?

2:35:02Speaker 7

Yes, he can speak. I want to understand this.

2:35:04 – 2:38:03Speaker 17

So Heidi is exactly right. And I hope you can understand when Raylene's saying there's a consternation over open or agriculture. I would disagree with Attorney Janet on that. If there's other things, I can email it to you as far as it's supposed to be native deeded, okay? We are working with the original developer. He has deeded more land in the last two months than he has in the prior 20 years. And there's reasons why we're doing that. She is correct. This is supposed to be there. Now, I'm not going to speak for him, but I know that they're contemplating putting a bed and breakfast there, Blaine. So that doesn't really help me on the farming. Okay, so when Mr. Taylor, which I respect, already gave my opinion, says he wants agricultural open space that he still owns, can you see why the fear of God goes through the Mountain Green residents? Because the last time that occurred, and would you mind, Heidi, showing them the last open space that we had that stayed agricultural? You can show Brent Hayward's or Cam Russell's. One of the prettiest places in our entire development, which by the way is right behind Raylene's house. That's in the concept plan to be open space. Now they want to put 40 homes there. Which, by the way, goes above the bonus density that we already occur. So I know that sometimes these developers think we're fighting them, but we're fighting all these other battles. Then we can go to the next one, that Cam Russell bought the agricultural open space. All those trails are closed, Commissioner Fackrell. Guess what? We paid for them, and there's now a barn there. So do you see what- I agree with you by the way. Yeah. So do you see when I say to me personally, I'm just a member of the community, I'm okay with Ted keeping it agricultural open space as long as those dang easements allow that to be agricultural in perpetuity. One thing that Ted said, he goes, I just want the rights for my land. Well, guess what? When you joined the MOA and you bought it under that agreement, you agreed that part of that would be state open space. So you give up rights to your land by being able to develop. And I'm not disagreeing with that, but that's what's occurred wrong so far. So when the MOA and the community members are saying we aren't allowing them to keep the agricultural open space as long as it's deeded, then technically the 47% is not being met. according to the DA. But I agree with you that it's probably better that it is agricultural open space and better protected as long as it is long-term. Otherwise, these things occur. I don't want a bed and breakfast there. I don't want another 40 homes behind the prettiest corner of the entire mountain green. And now what you guys don't know, as Jen can show you the email, we're getting threatened right now that all of our trails will be shut down. You can drive up there. There's posts that they were going to put gates on just a month and a half ago to close down all our trail system that we paid for. So now do you understand why there is a difference between agricultural and native open space?

2:38:05 – 2:38:18Speaker 12

Okay. I appreciate what Zach said. And truth be told, like you said, that that was back then. There's nothing you guys can do about it. But I zoomed back in again because Raylene wanted native in this area and you can see it.

2:38:19 – 2:38:46Speaker 11

I think you misunderstood me. I didn't want, I want them to have as 50 acres of agriculture. My concern was it might expand to more if someone came in and they're reading it as at least 50 acres. Maybe I'll do 80 acres is what I'm saying. And then it's gets involved in the conundrum like Zach was saying, then it gets sold, and then something happens. You see what I'm saying? I don't want to take his 50 acres of agriculture. Don't quote me on that.

2:38:47Speaker 12

Okay, that's why I just wanted you to be able to see it. This, you can tell why it's native. This, you can see why he wants it as agriculture. It's flat. It's to be farmed.

2:38:57Speaker 16

Right. We are in public comment, so...

2:39:06Speaker 7

You got three minutes.

2:39:09 – 2:39:30Speaker 22

Eric Slyer, Mount Green Conwoods. So here's the issue with me. It seems like we're having to defend or we're being punished for the acts of the original, oh yeah, sorry, the original developer.

2:39:31Speaker 13

Like we're meeting the standards,

2:39:34 – 2:43:24Speaker 22

We're going to de-restrict stuff. He talks about not trusting us. Well, I think that comes further down the road a little more. We're going to do what we say we're going to do. And just because someone else didn't do what they said they were going to do shouldn't be imposed on us. When we say we're going to de-restrict things, we will. When we say we're going to develop under the DA, we will. So constantly with water companies, with the board, we're always having to answer, well, he did this. And we're like, we're not him, right? We're going to do it. And if we don't, you guys have the control over it, right? This is just a preliminary plat. And then we've got to do the geotech. And then we've got to do all this other stuff. But I don't know if you guys read... the statement that was left on the post when they closed the trails. And it goes to my understanding on how density works. And the density works, yes, here was our preliminary, what they call it, plan, right? And we had it like this. But if you read the statement that was on that post with the 40 lots proposed by Brant Hayward, You look closely at the plat prepared for Gardner development. And the statement about that, if you read that, says, 20 years ago, I'm just paraphrasing, this plan was proposed. It was in no means was it in concrete. The density may change. This may change over time. In the DA, it says multiple times. From time to time, these things may change. So to hold this to a density on a certain parcel, I think is incorrect. And if I may ask Josh, I understand your interpretation of that, right? When you say that things can change. And that density isn't like, you show lots. So we have to build homes exactly where it shows lots? OK. But that's how I understand it. And the overlay report is a living document. So if these other people, you want to save bonus density for them, but you're not making them go through the amendment process. You're not making them give amenities or any of that. And they should have to go through the amendment process. Yeah, we're not taking all the density. There's density left over. even if they build all their lots. There's like 17 bonus or lots that they can try and get in the total amount without doing anything. So I'm frustrated, obviously, because we're giving a lot. And if we get two extra lots, I'm just going to do it on Equestrian Center. I mean, why should I spend all this extra money and get two extra lots, right? We're asking as a group for 222 lots. How that falls, we don't know. But we've agreed to 104 on six. My lots are far bigger than 10,000 square feet. I guess my time's up. But I just don't want to be held accountable for somebody else's actions. That's all. And I think that you guys are imposing that.

2:43:27Speaker 7

Didn't that did you? Have something else? Yes. Nettleton, sorry. Ray.

2:43:36 – 2:47:04Speaker 23

I was just going to add, I've been keeping a list of the things that have been said. First of all, Rulon has verbally agreed to add us. He's not going to protest us. You can solve that next week. You can just have a vote and formally annex MCC into the It could be solved next week, but it requires a vote, and the vote wasn't done. So let's put that in writing by voting to annex this to the development agreement area, give us the rights of the declarant. Second of all, 67% is much higher than 40%. 40% of perpetually preserved open space, we beat that by 27%. I mean, I don't know how do I say that differently. Overlay report was not followed. Someone improperly removed the equestrian center and eight acres of open space. I know that's not your fault. Somehow it became our fault. Again, I think our proposal is reasonable. We've all agreed that the new amenities justify 877. The ordinance says 868. As Eric said, after you take R222, there's like 17 fluff lots. Again, those guys have to come before you with a preliminary plot. Let them show you why they deserve 17 more. Why does Veda's 8 deserve 70 lots? I don't know. I can't answer that now. Let them propose something. then it's outside of our control. We can only sign up for what we're signing up for. That 189 acres removed by the Wilkinsons, that's gone. It's never gonna be part of this development agreement. If you wanna accept, 193 acres that's Equivalent or not better just different, but you know it's that's what we're offering today and and if we don't We'll just default back to normal MU 160 lots That's just where we are I'm not being no I know you're not being weird about it, but Phase five 40% open space. You guys know how they got the 40% open space. It's 10 feet between each of the condos. We're offering much better than that. I don't know if this is the last time I'll speak on this, but I did want to thank Janet for spending her Labor Day weekend, going back and forth with me. We tried our darndest to fix every little typo and whatnot. Well, that's what Labor Day is for, labor. I wanted to thank you for Matt and Earline. Both of you met with us numerous times. Earline, I think you've negotiated a heck of a deal for the people of Mountain Green. You got a lot of concessions out of us. I think it's enough. No more. So anyway, that's it. That might be the last you're hearing me, so hope not. Thank you.

2:47:07 – 2:48:27Speaker 16

Kate Becker. I live in a van down by the river at Round Valley, but still a Morgan City resident. Thank you. I've only come up and spoke as a citizen before the commission twice in the time that I've been here and both have been on this issue. But dairy farmer's daughter has to say it. You're wrong. You want ag. And the reason I'm saying that is if you want animals, they want alfalfa. They want corn. They don't want sagebrush. And if you look at the people that are the applicants today, he's dressed like he's going to church. Ray's shoes aren't even tied. They take really good care of everything. And you're going to want alfalfa and corn there or whatever the crop of the day is. And I would rather have 80 acres of alfalfa. It is the best smell on the planet once it's fresh cut. But you will have more animals in those crops that we don't want there than you ever will in open space, in native open space, because it's just scrub oak and no one's maintaining it, fertilizing it, watering it. So I just had to say I... I support the ag, thank you.

2:48:37 – 2:49:20Speaker 6

Tina Kelly, Mountain Green. I don't have a dog in this fight. I hear a lot of numbers being thrown out. I hear the 877. I hear the 868. It was agreed upon in the original development agreement despite the 877 and the 868, 830. So I just want that to be the number, the base number that you're working with when you're doing all of your negotiations for whatever you want out of it because it gets lost in the discussion and then I'm still confused after all of the discussion where it's landing tonight. So I just wanted to be clear that that's the number because that was the original and I was here for that discussion. Thank you.

2:49:28Speaker 7

You trying to age yourself or what?

2:49:32 – 2:52:02Speaker 5

Hello Board, my name is Louise Early and I'm a resident of the Cottonwoods in Mountain Green. First off I wanted to say thank you for hearing all of this, this long process and a huge thank you to the MOA and their representatives and the committee that they had who have taken so much time with no compensation for representing us as residents up there. Everyone moves into a beautiful area and then all of a sudden it's NIMBY, not in my backyard. You want everything to be just perfect moving forward. But one thing that we have learned as a community is a lot of hard lessons about density, about trails, about crops closing down those trails because of insurance or because the combine's out or because the landowner doesn't want those trails open anymore. Why does it all of a sudden get a little bit nervous when you're up here, right? But we have these lessons, and we know that moving forward, no one's to blame, but we've learned something. So if you have learned something, then use what you've learned to make the next steps better. And so I guess as you're considering the 40% open space, if it's native, if it's agriculture, know that... When it's agriculture, it does get shut down because when the combine's out, insurance does matter and you can't use the trails. I mean, there's a whole bunch of other stuff that plays into it. And as a community, we do take care of our native open space. We do go out. We do pick the dyer's woad. We do mow down the trails so that our kids aren't being hit by thistles. As a community, we take care of that because we've learned But that's what you have to do. So we do want native open space. And we do want low density. Phase five was gonna be more, and they did reduce the amount of homes in that. I think the Planning Commission can stand behind that. They reduced it because the streets would be too congested. so density does matter we don't want it to be over against and if at the end of the day we end up with with fewer homes in this beautiful area this will be it again a lesson that we've learned and I pray that you guys take that as you move forward with your decision thank you again for your time thank you

2:52:13Speaker 15

Heidi Nettleton, I was told you guys wanted somebody different to talk.

2:52:19Speaker 7

Just raise that up, please.

2:52:20 – 2:54:48Speaker 15

Heidi Nettleton, I'm part of the applicant group. Come before you a couple times about a year ago. I just wanted to touch on a couple things. One, the density. I know we're tied to a development agreement and amendment we're doing in the Cottonwoods density in your ordinance. It has a stated density. It has a theoretical maximum of 1,027, I believe. It's actually stated on your website in your density. Anybody can go look at that. That's, of course, I believe, with the golf course. But that's the theoretical maximum. So the stated density in there, we are... much, much lower than what it is. I believe phase five density, and I would have to look at my numbers again, I think it's 4.1, which is far, far higher than the stated overall density. So I just wanted to point out those couple things. We have tried really hard when something came up with the community. We met with, we had multiple iterations at parks, online, phone calls, meetings at people's houses. We have tried to meet and remedy some of the issues that they've had with the previous developer with their open space and that comes in the fact with the the the easements and the the restrictions so we're trying to help solve some of their problems with the restrictions So I just wanted to state that the trails which I think Ray wanted to talk about but the trails Will be will be deeded and we're increasing the trails by quite quite a bit I think twice as many trails, so I just wanted to I Just wanted to get and state how we have tried to remedy some of their problems and And it is not, it doesn't strike me as coincidence that some of their issues have come up while we are trying to make this amendment as landowners in the cottonwoods and for my family bringing our land in. So I think our proposal is great. I think they're getting, I think the community is getting more than they would if we just didn't do anything and the land wasn't brought in. And I hope that they would see the good in that.

2:54:52 – 2:55:27Speaker 23

Ray Nettleton, one more time. Again, the trails through the agricultural open space are absolutely being deeded to the HOA. It's not even an easement. It's land deeded to the HOA. Not just to the HOA, but the citizens of Morgan County. That's in there. We can't take it away. It's deeded. It's yours once it's recorded. So that's very different from what happened. We've solved that. Exhibit G has solved the loopholes. So that's it.

2:55:29Speaker 7

OK, I've seen no other public comment. Can I get a motion then?

2:55:36Speaker 10

I move that we go out as public comment.

2:55:43Speaker 11

I'll second it.

2:55:44Speaker 7

I have a motion by Commissioner Fackrell and a second by Commissioner Blocker. All in favor? Aye. Any opposed?

2:55:52 – 2:56:11Speaker 7

We'll start with you, Commissioner. Online, Nickerson. Sorry, there's a, we'll start with you so we don't have to come forth with a, I can't think what it's called.

2:56:12 – 2:58:43Speaker 21

delay delay it's getting late so i apologize i apologize for coming in late i had a lot of parents tonight i just kind of coming in and hearing what's going on i mean it seems to me that the biggest issue is that space you know who's going to own it who's going to do what with it um the comments about the wildlife i mean my family you know where we're growing whether it's grass or alfalfa or just you know, grazing cattle on it up on the mountains. I mean, we get more deer and elk and animals. I mean, I'm going to say that nobody takes better care of the land than a farmer because it's their livelihood. You know, when you see those animals and you see whatever it may be. But I do understand the concerns of the MLA and the residents as far as what's happened in the past. I feel that I think there's a way with that, keeping it agricultural. If it's in perpetuity, how do we do that? Because I think that is a fear, and I can absolutely feel for those people that if this stays agriculture forever and people are running their sheep or cows or whatever it is that they're doing, then I think we've solved that problem. And to me, it sounds like that was the biggest headache. I think they've kind of worked everything else out other than that little piece. Again, I didn't hear the very beginning. I apologize. And if we can figure out that that agricultural area remains an open space, that there's open communication as far as, hey, we're going to graze that for the next three days to keep the fire burden down, get those tall grasses out of there, and then it's open back up. And I think that's just a communication. I don't think my conversations with the applicants have been, there's no intent to, like, shut down the property for any period of time other than just to graze it off, knock down that fire burden, keep the grasses under control, and then open it back out. That's kind of my thoughts is agriculture is a great way to go. The land is taken care of. People get to enjoy it. But I also feel that it needs to be kind of that in perpetuity so that the people feel protected, that it's not going to, We're not going to be back here again with people trying to develop that property. That's just taken right off the table. That's all I have.

2:58:44Speaker 7

Thank you. Appreciate that. Is that guaranteed in perpetuity?

2:58:54 – 3:01:02Speaker 9

Yes. So the nice thing, and I know a lot of people keep talking about deed restrictions and things like that, and I haven't done a ton of research, but a deed can always be like conveyed and changed. I think the better thing is at platting, it's gonna be platted as agricultural open space. And the development agreement is gonna run with the land. So it is gonna remain agricultural open space. Now some of the issues I know that I've heard in the past is that trails were built on property that was supposed to become open space but was left off the plat. and should have been included in the plot. And then I don't know what happened with the other agricultural open space if the trails were built on there Before or if they were required or what? but if those Easements were or those trails were supposed to be on there there should have been some recording of that it either included in the plat or plat notes or again like easements that are recorded against it and So I think one of the things that the Nettletons have really tried to do is address those problems that occurred in the prior platting or lack thereof of platting so that this doesn't happen again. And I love what, and I can't remember your name, what you had to say about what you guys have learned through this process. And that's where we need you guys to come forward when we're at the platting point. you know, when they're coming up for subdivision recording, that's when you make sure, hey, this is what your development agreement says, this is what we're supposed to be getting, and make sure that that occurs at the time of platting. So I think we've covered it. If there's something I missed, I'm sick of reading this, but I think I've thought of everything that has happened in the other phases that were problems and tried to address it here.

3:01:04Speaker 7

Other than what Raylene found. Stupid term.

3:01:11Speaker 11

You're awesome, Janet.

3:01:12Speaker 7

Do you have any questions?

3:01:15 – 3:02:01Speaker 11

I do. So I want to come to a number where the county and the community and the developer are comfortable with, where we can all agree with. So imagine the number 94. Imagine, Eric. if you reduce your lots by 10 in that area? Wait, wait, wait. How would that improve the value and marketability of your neighborhood? Imagine the patio homes with 10 less homes. It would open it up. Imagine, why is, do you think it would improve the marketability and value of your neighborhood by having 10 less homes in it?

3:02:05Speaker 16

I need you on mic, sorry.

3:02:11 – 3:03:12Speaker 22

We could use some of your bread right now. Yeah. So the reason I don't like the 94, so the equestrian center was taken out, right? Basically, here by whomever was on the council. The question was posed to the council, and there were like three of them that were in council, people that were there. Is this going to cause a legal issue or problems for the Cottonwoods? The county chair said no. And he wrote the agreement. Okay. And I know there's been communication back and forth of how they interpret it. But on Tuesday it's one way, and Wednesday it's a different way. And so why would we commit to a lot more trails and all this stuff when we could just go back to the original and do, you know,

3:03:12Speaker 11

How many lots would you get in the original? 91. 91? Yeah. So less than 94. And you'd have to build an equestrian center?

3:03:21Speaker 11

That doesn't make sense to me.

3:03:22Speaker 22

But it takes all the trails away. It does. It takes all the trails away. It takes all that away. It takes the park away. It takes a lot of stuff.

3:03:28Speaker 11

I mean, you still have to abide by the DA with the 40% open space.

3:03:31 – 3:05:44Speaker 22

Yeah, it's there. It's absolutely there. And so our thought is, well, we could do the equestrian center. We could avoid having to pay for the park. We can avoid doing all the trails and all that stuff. So throughout the course of this happening, we've split the baby. And we're one twelfth of that baby. In my view, we have given up a lot. And like I said before, it's we've been asked to do this because the prior developer you know the overlay reports a living document you could have a 1027 if you provide X amount of amenities that number goes up the reason why we added the townhomes because you get a lot of bonus density for that type of housing it's allowable And you get so much more, right? That's how incrementally you can get to that 1,027, depending on what you offer the community, parks, all the different stuff. And so the trails the Nettletons are bringing in, I'd hate for you to miss out on that because we would just have horse trails in ours. I mean, this was written 20, 25 years ago almost, right? Horse property was a buzzword. People loved horses. Well, when they figure out the cost and what that entails, people don't, they're not so keen to do it, right? And so the one thing I should have done because I had just purchased the property When they propose taking the Equestrian Center out, I should have said as long as they do that for the Cottonwoods as well. Because nine-tenths of the property is Northside Creek, right? So anyway, no, I wouldn't go down. Like I said, I don't think that this is the place to negotiate any of that.

3:05:44 – 3:06:16Speaker 11

We've already... Well, if we're voting on it tonight... yeah so you would you're telling me you would rather build an equestrian center and had 91 lots than just have the 94 lots correct with your nine ag correct because i you're my friend you're my friend you're my friend everyone is my friend here and i'm trying to come to a number that everyone is comfortable with and we spoke and we said we're not going to negotiate in this in the vote session

3:06:17 – 3:09:01Speaker 22

Okay. It's not a negotiation place. And, you know, I'm good with doing whatever. I'll make lemonade out of whatever lemons we get. But going back to the original, and I'm not threatening. I'm just saying, hey, we've given up so much. The NOA has come to the conclusion that 222 was reasonable. And what they want is have us deed over all of Ted's property, make it native open space. And like I said, we've gone back and forth. And I hate to say it, but they've changed a ton. When we sat down with them the first time, we talked about the agriculture space on my property. And when we talked, we said, OK, no buildings. I don't know if we talked about deeded trails there, but the trails are going to be on there. Yes, yes, yes. So we thought we had it. And then whatever happens, they come back and ask for more. And then we kind of, you know, every time we turn around, like the time between when we had an agreement and the time for this meeting, more demands, more changes. It's left me a little bitter because when you agree to something, And then at the last minute, you start changing it, going to advice from the prior developer, which, like I said, you look at that sign that he posted on the trails they closed. That definition, trying to get more houses off of their thing, is exactly how I see it. But the day after, totally different. So we're given a lot. This is the best you're gonna get out of our amendment and everything. Otherwise, why would we spend all this money, give them all this stuff, and they're particularly picking on phase six, if you've noticed, right? Why phase six? The gardeners have offered to buy my property, I don't know how many times, because it's above Northside Creek. We border each other. So my opinion, I don't know if they're just trying to stifle it or do whatever, but that's my feeling. I mean, we've talked about it as a group and that's where we were. I didn't think it'd come to negotiating through the county commission meeting, but I stand where I stand. And I know I've talked to Dane, and he's spoken to his father, I assume, that he's the same way.

3:09:03 – 3:11:01Speaker 22

I've been approached by people to, oh, let it go and let me do an environmental easement with you and your family. And that information that's been disseminated by that person is contradicting what he's asking for and what he's representing. So... The answer for me is no. That's why. And my lots are big. My open space is there. And I mean, it was this close for going through. Four or five years ago, I pulled the plug because I didn't like my representation. Right? I didn't like it. It wasn't fair to the community and fair to customers because the vision was not what he said it was. Okay? So... The county's been good with it before. I stopped it. I can show you my emails from Lance Evans on it and how we came to that number. Excuse me. Our 222 leaves all the rest of the Cottonwoods able to do their full complement of assignments, right? with 17 left over. And if they want that 17, they can come to you. Because I don't think Phase 8 has a park. I don't think they have much trails. They don't have a lot to offer. Not much at all. And then, Rant's property, if you divide 8 by 30, what's that? So he's asking for like a 200%, 300% increase in lots. Not just 10%, not just whatever, but a lot. A lot. So.

3:11:04 – 3:11:19Speaker 11

When we met at my house and we discussed the 3% bonus, it was my understanding that the number was 94 at that time. I didn't see the 104 number until the DA came through.

3:11:19Speaker 7

I think it was. I thought it was 104.

3:11:21Speaker 14

You thought it was 104?

3:11:22Speaker 7

I thought it was 104 also.

3:11:25 – 3:12:41Speaker 22

Yeah, we came to that number. And that's what I'm saying. Every time we turn around, it's just like, Like the MOA's lawyer. I get lawyers, right? They put you off until you absolutely need something. So their answers and their requests were always on the deadline. So we're scrambling. We're changing. Janet gets emailed a ton of stuff, right? And we've spent a lot of money, over $20,000 on last minute changes. So we do it. And the problem is we should have just voted on it then if you were around. But you give it a week, all of a sudden, their lawyer has some more crazy ideas in our mind, right? So we address it. That's why we come back and forth so many times. So for me, I just need to vote, right? I'm going to go this way or that way. And it works for me. So the community, if you guys vote no, race trails are gone. My trails are gone. They're horse trails now. But you do get an equestrian center. Okay? Okay. So anyway.

3:12:44 – 3:13:28Speaker 23

If I may, the equestrian center is paid for amenities. So he pays $500,000 to build an equestrian center. and turns around and charges the people that put their horses there. Right now, he's on the hook. Eric's on the hook now for a $300,000 or $400,000 park that he's not going to get compensated for except for selling lots. The Equestrian Center is actually a better deal in some respects. But no one really wants it. But they want something for it. And we've given them something for it. But they don't want it. So the Equestrian Center makes more financial sense to Phase 6. It really does.

3:13:33 – 3:15:00Speaker 13

Yes, you can. There's a lot of numbers going around, so I'll clarify. Tina was correct. the original DA talks about, 1,027 or something like that, as the total that they could get, but they backed it up to 830, and then they got additional density for the golf course. However, this is a legislative decision, it's a legislative action, it's a legislative process, and the County Commission has the authority to agree to additional density, new density, capping density for one phase allowing additional density somewhere else the question that and I know I talked about this back in January when the applications were combined but really the question you need to be asking yourself is are the amenities that they're proposing are they equal or greater in value to the golf course that granted the additional density up to 868 Yes or no? If they're not, in your opinion, then really the number is capped at 830. But really, I mean, you need to be asking yourself kind of those types of questions, whether to grant the additional density or not. If not, then, well, there is no golf course. So the total density is 830, according to the development agreement and the ordinance.

3:15:02Speaker 11

How many units are there now?

3:15:06Speaker 13

Last I checked, and this was a while ago, so it was 550, 570, something like that.

3:15:16Speaker 10

So that means 550 and then we had 222 also.

3:15:21 – 3:16:13Speaker 13

Well, right now you have phase six and you have phase eight that are remaining, right? and phase nine, I apologize, phase six, phase eight, phase nine, you have a total of 830 units that were granted. The development agreement did not separate a total number of units per phase. They were given a cap with the ability to get bonus density with the golf course, but that the total number of units per phase would be dictated at plat. So the conceptual drawing shows a certain number of units, but it really doesn't set the total number of units because the total number of units for each phase is decided when they plat it. There's just a total cap of 830 plus 38.

3:16:14Speaker 10

And that's only if they have the golf course. Correct. Since they're not going to have a golf course.

3:16:19 – 3:16:45Speaker 13

Since they're not having a golf course, though... The Nettletons, the Pliers, Ted Taylor, they're all coming forward offering open space that you normally wouldn't have from the original agreement, additional amenities. These are all additional things that they're proposing to get the bonus density. And so, I don't know, am I explaining it?

3:16:45Speaker 22

Yeah, you are.

3:16:46Speaker 10

I appreciate it.

3:16:57Speaker 7

Anything else?

3:16:58Speaker 10

Yeah, I just have a couple more.

3:17:00 – 3:17:12Speaker 11

So the 94 is with the bonus density, because we thought that's what a 1.5 acre park was worth, three bonus densities. It wasn't a golf course that was worth 10 to 20. In my mind, it was worth three.

3:17:15Speaker 13

Yeah, I don't know anything about that. I just know that the conceptual drawing.

3:17:19Speaker 11

Doing the calculation, what you asked me to do in my head.

3:17:22 – 3:18:14Speaker 13

So the conceptual drawing shows certain number of units or lots per phase, but that really doesn't set the total number of units or lots. The development agreement says that the plat, so when they submit for their plat, That's what sets the density for that phase. But they have an overall density to draw from. So like a big bucket of 830. And then once they go through and they do all the studies and the infrastructure and they design it out, they may or may not get 220. They may get a lot less depending on slopes and infrastructure and how they lay it out. So the conceptual drawing, I mean, it's a nice picture, but it's not what sets the number of, they just have a total to draw from.

3:18:21Speaker 7

Go ahead, Commissioner Fackrell.

3:18:24Speaker 10

Yeah, so we do have the land, the open space will be in perpetuity, correct? And the trails.

3:18:30Speaker 9

That's correct, if we do it properly at Platte.

3:18:33 – 3:18:48Speaker 10

OK. All right. And so the 222, I know that Raylene's on that one. But I'm looking at, OK, you've got 830 potential. That means this other development could have 58.

3:18:51 – 3:19:02Speaker 13

Well, the current development agreement has 830 plus 68 with the golf course. They're amending the development agreement through a legislative process which allows you to modify that number.

3:19:02Speaker 10

Okay, but we don't have to grant it if we don't want to.

3:19:05Speaker 13

Oh, no, it's a legislative. You can deny it.

3:19:07 – 3:20:11Speaker 10

I'm just saying. I'm just worried about the fact that if we, I mean, some of the land that they're proposing and what they've already done here, Compared to where phase eight might be, phase eight, I'm looking at, I'm sorry, this is on a different subject, I mean a different phase, but I'm looking at that property and I'm going, no. Even though he might have a certain amount or ability to put in more homes in that area, He'd have to show me where, because I don't, I mean, it's in open space. It's supposed to have been in open space, just like some of the other areas that were under the original agreement that was supposed to be open space, and I agree with the trails. The trails should have been left in open space, no matter who owned the ground. And that's where the law would have to go back and look and see where this was all at. But I think what they're proposing...

3:20:11Speaker 13

So Phase 8 as a whole is not part of this?

3:20:15 – 3:24:41Speaker 10

I know, but I'm just trying to calculate 830 homes, and they're only asking for 222. And I'm just saying... I hope that the next phase is not going to go and come and request. I want 80 because I'm going to put in this, this, and this, but then they're going to be in a smaller area. I just don't want to see that. I mean, I can look back, 2006. I'm going to go back to the beginning. 2006 when this was all proposed. And I lived in this county then. I want to just reiterate what I've said before three, four, five years ago. The people that have moved into this valley are my neighbors. Now, you're going to cut out, I wouldn't have known Raylene. I wouldn't have known the Pliers. I wouldn't have known anybody if we hadn't have allowed for this development. And I'm just saying that everybody has that right. own a piece of ground in Morgan County. Doesn't mean it always is going to be to their benefit. I'm of the opinion that we have allowed people to come. If we had been like some commissioners that wanted to close the gates, nobody would be here. But we have brought ourselves into the 21st century, I think we're in the 21st still, and I just don't want to see a huge amount of density, but I'm happy with what we've got. Because when they began, it was 860 some odd. 870 that they wanted. Total density, they wanted to take up all of it. Now they've cut it back. They're giving us some amenities. They're giving us some parks. They're giving us trails that we never would have had. Some that are going to be in perpetuity. Not all of them are going to be in perpetuity. Those... things that we have not gotten in the past are going to be there now. And I am in favor of it now. I was not to begin with. I'm not in favor of anything being developed. I'd rather see it be open. I'd rather have it stay in agriculture. And I'll stay with that until the day I die. I'd rather have it stay in agriculture because I like it. I like being able to look at the ground. I like being able to see the wildlife. I like seeing all these things that happen in Morgan County. But we're not going to see it if we don't do developments right. And right now I'm seeing this as being a development that is, we have the development agreement. It's part of it. They have gone to concessions. The Homeowners Association have gone to concessions. They've worked out this deal. And yeah, we may not get a 104. We may not get 222. We may only get 200, just based upon topography. Our ideas are there. Our ideas are there as to what we dream of what it could be. But the feasibility is not always going to be there. And we may end up finding out you can't squeeze a turnip and get milk out of it. In other words, you're not gonna squeeze another piece of ground to get another parcel if it's not feasible, if it's not geotechnically feasible. I don't wanna have our homes that we have, and you build a home up on the mountain, it's gonna slide off because our ground is not that good here. I'm just afraid of all these other things, and I've seen it happen. I'm sorry. I know Mike always says, well, Blaine, you've been around too long, or you haven't been around too long. But anyway, this is history. History has happened. This is what we have wanted or we don't want. I'm just saying I'm in favor at this point. Big, long speech for nothing.

3:24:45 – 3:25:15Speaker 11

Chair, I'm going to stick to supporting 94. And I'm wondering, could you do premium lots that would make up the difference in losing your 10 lots? Yeah. It is beautiful. It's absolutely beautiful. But you could do even bigger lot to create a premium lot, right?

3:25:18 – 3:26:26Speaker 22

94 lots that's a big flexibility i would hate to see you back out because you guys are so that's what i'm saying if you want to do the equestrian center but Well, what I'm saying is the plat or the concept that we put forward on how the lots would work, you know, it flows with the land. It's, you know, made great consideration for how the sewer would work, the drainage would work, all that kind of stuff. And if you look at the lots and how it's platted or, you know, proposed that we have with the engineering. So we've gone through the engineering sort of, I mean, to an extent what we need to. It's good. So the Wilkinsons above us are about 20 feet elevation difference. You look at the proposal on how the lots will sit, big lots, very nice stuff.

3:26:26Speaker 11

So 10 less would be even bigger lots.

3:26:31Speaker 22

Yes, it would.

3:26:31Speaker 11

Much nicer, much higher premium. So I'm going to stand by 94.

3:26:37 – 3:27:01Speaker 22

That's fine. But I'm going to say I won't accept that. Okay. I mean, we can agree to disagree. Yeah. If you look at ours, the way it's proposed, squeezing 10 lots out of there, it doesn't do very much for us, okay? So, because we're in a cul-de-sac, we have cul-de-sacs so more people can have views. We have all that stuff. Now you're just like, yeah.

3:27:02Speaker 11

I'm just thinking...

3:27:04Speaker 22

Oh, I'm wrapping it up.

3:27:05Speaker 11

I'm just thinking building an equestrian center and going to 91 lots is going to cost you more money. No, it won't. But, okay.

3:27:12 – 3:27:28Speaker 22

No, it won't. Sorry. I disagree on that as well. We've looked into both scenarios, you know, anticipating tonight. And three months ago, I'm like, they're going to get us and try it and have us agree to something we're not going to agree to in this meeting. And I did come forward.

3:27:28Speaker 22

Okay. So, I'm just going to stand my ground.

3:27:37Speaker 7

mic's not back anything else

3:27:44 – 3:31:50Speaker 20

I think, and I've brought up, and again, I apologize for coming in extremely late, you know, because I've brought up in other meetings about the equestrian center and the amenities and things, and I want to make sure that the people in the Cottonwoods get something, something that's useful for them. You know, I think one of the things I, and I said while I was on the phone, was, you know, the concerns about the property, right, what's going to happen to it, you know, 10 years, 20 years down the road. protecting that. What's an amenity? You build an equestrian center and you get some horse trails. That's the only really group of people they're going to use. How many horses are in the cottonwoods? I don't know. Only when my uncles get out and they run across the street. And so there's just not that much. But the trails, the parks, I think those are amenities, I think. You know, I love looking out my front door and seeing the cows and the horses and the alfalfa fields. And as Kate said earlier, smelling the fresh cut hay, I mean, I enjoy that. I think that's what makes Morgan Morgan. I think that's why we live here and what we enjoy. And my personal feelings, I think if we've got it to where that property is locked up, where it cannot be developed in the future. That's kind of my point is, who owns it as long as it cannot be developed? Because I'm with you. I don't want to see any more homes. I remember when the Wilkinson farmed the whole thing. That was the dairy farm. We used to ride our dirt bikes up there and ride horses on the whole mountain. And so I think I've said that in several meetings. What's coming in? What's been removed? What are amenities given to the people that are valuable? I think as I drive through Mount Green, my mom lives over there, and I see people on their bicycles. I see people hiking. I think that's what they enjoy doing. I don't see horses riding down the road. You come down by my house, and there's horses in the road. There's a horse and wagon going down the road. I mean, that's what we do over there. And so I think we're looking here like we're right there at the verge. We're talking a couple of homes, and I started thinking, maybe I'm wrong, and Josh, maybe you can speak to this if I am, but I'm thinking of it kind of like Wasatch Peaks. They have a bucket of homes. They can build X number, and where they want to burn them, where they want to use them is up to that area. And when I look at the Cottonwoods, it's like, they might get 220 or 190, but when it comes down to it, can they really build it? I don't know. Maybe not, maybe they can. You might get in there and do the geo and be like, we can't financially afford to build on that entire slope because it's just too dang expensive. And we'll make that agriculture open space as well. But we don't know until we get there. But sounds like there's a bucket of lots. There's a bucket of homes. The Cottonwoods cannot go above that. And where it gets used, how it gets used. I mean, it seems to me, I think Commissioner Blocker and Commissioner Wilson spent a lot of time with the groups. And I know I talked to Matt quite a bit about how did it go. I asked Raylene, how did it go? How's it, you know, what's the feelings? Where are people at? And I think we've tried hard to try to come to an agreement to make it work out. To me, I'd rather see that ag space, have it locked down, it can't be sold, than go back to something else and you just roll your dice with the next commission or 10 years, another commission or whatever. But if you can get it locked down now to where it cannot be built on, and if that's a guarantee, that's something that I... I would jump at myself. If I know the dry farm behind me is not going to get built on if it gets locked up, I'm all in favor of it. Because I don't want to see homes behind my house. My family owns over 1,000 acres right behind me. And I don't want to see a single home on it. But they have a right. They have an entitlement. If somebody wants to come deed restrict that and lock it up, Sounds good to me to keep the cows on it. I love the cows. I love the hay. I love that. That's my long speech point, so you didn't have to feel so bad.

3:31:51Speaker 7

Anything else?

3:31:54Speaker 11

Eric, I'm back to you again. If 104 is no for me, where could you be?

3:32:08 – 3:32:21Speaker 22

And the reason is, before it was 104, it was like 123. Right? And it's come down, it's come down, it's come down. And I feel that phase six, they have some sort of fixation on phase six, but like we were talking about.

3:32:21Speaker 11

Well, you're the only one that's going, asking for more than the overlay. So.

3:32:27Speaker 11

Out of you three, out of Ted and Nettleton's and.

3:32:32 – 3:33:04Speaker 22

As Josh has said. You're the only, yeah. And he's said, it's a bucket of lots. It's 222 for what we're proposing. Where those lie, I don't know. But conceptually, we're looking for those numbers, yes. But we're still within the 222. Does that make sense? So I would invite you to read what was posted when they shut down the trails.

3:33:04Speaker 11

I did, but we're not talking about that right now.

3:33:06 – 3:33:32Speaker 22

Well, I'm just saying that is the view that they're going to bring forward, which is my view. But on other items, they flip it. So you'll have to catch them on whichever day. So no, I'm not going to move off that. That's fine if you vote no. We have other commissioners that may disagree with you, may agree with you. I don't know. But we're willing to go to a vote. That's what we would like.

3:33:39Speaker 7

I don't think there's anything else, so let's go to a vote. Look for a motion. Mr.

3:33:43 – 3:33:54Speaker 10

Chair, I move that we request the Cottonwoods, the third agreement, no, the agreement to be amended.

3:33:55 – 3:34:16Speaker 10

No, just let me finish. Okay. Okay. I move that we approve the Cottonwoods Mountain Green Development Agreement Third Amendment. The ordinance CO 2602, was there any modifications?

3:34:17Speaker 9

There will be modifications in the DA, but we have a third document, the supplemental to the overlay.

3:34:26Speaker 10

Supplemental to the overlay.

3:34:29 – 3:34:41Speaker 9

And then amendments to the development agreement 3.1 as Raylene delineated. The word commercial. Commercial is removed from, I think it was six something.

3:34:41Speaker 11

And cleaning up the.

3:34:43Speaker 9

And then the term.

3:34:45Speaker 10

And the language of the term. Okay. You got it. Thank you.

3:34:49Speaker 8

Say that in one sentence.

3:34:51Speaker 10

She'll get with you after. She'll get with you after we're done. She's better at it.

3:34:57Speaker 20

And I'll second that motion.

3:34:59 – 3:35:10Speaker 7

Okay, I have a motion and a second. Motion by Commissioner Fackrell, second by Commissioner Nickerson. All in favor? Aye. Opposed?

3:35:11Speaker 11

Nay, and may I say why?

3:35:19 – 3:36:02Speaker 11

I totally love agriculture too, that's not why. I feel 104 is too much, as you already know. And I really wanted this to pass because everyone has worked so hard together and come together. But I really have to stand by that. It's my community. It's where I live. I'm listening to you. I'm listening to constituents. There's tons of traffic up there. It's just going to get worse. And that's where I stand. Not against any of you at all. But that's where I'm voting tonight.

3:36:06 – 3:36:46Speaker 7

And I'll just say I'm voting nay because I'm going to vote with Raylene on this, it's her community, and I've kind of worked with her on this, and I feel like she has a greater touch on what her community wants, and so that's why I'm voting the way I am. I hate to see, I actually hate to see some of the things that are going to go away for this area, personally. I guess that's what the community wants. So motion fails at this point.

3:37:05Speaker 16

Before Commissioner comments, can we just take a quick bathroom break?

3:37:09Speaker 16

Thank you, Jesus.

3:37:11 – 3:37:40Speaker 7

Well, I just want to know, does anybody have anything pressing Commissioner comments that they need to do? I mean, I guess the only thing I wanted to remind everybody is the rifle range is now back open. Yes, we are going to do a closed session. So you can go to the restroom. And you don't need to stay. Oh, OK. Are you still doing commissioner comments?

3:37:40Speaker 11

Because I just had one. No.

3:37:42Speaker 7

Well, I asked if anybody has anything urgent. So yeah, if you have something urgent.

3:37:48 – 3:38:38Speaker 11

Well, at the UAC board meeting, the counties were asked to join an amicus brief in a federal case, which requires 12 jury instead of an eight jury, which is what Utah allows. If that passed, at the federal level, then Utah would be required to have a 12-member jury instead of an eight, which would cost us a lot more money. And plus, everything that are in appeals would have to be reappealed. So all the counties have joined this amicus brief. And it costs $35,000. And they're breaking it down into the classes of counties. So Morgan would be getting a bill for about $400.

3:38:45 – 3:39:02Speaker 9

Every other jurisdiction I practiced in, 12. Really? And for misdemeanors, six. And here it's four for misdemeanors. Wow. And eight. Yeah. I had never heard of that until I came here. Yeah. So it's kind of interesting. It's more consistent with the other states, I think.

3:39:04 – 3:39:35Speaker 11

Yeah. um i also toured the state hospital when i was down there which is pretty amazing it's a huge campus um they have 154 forensic beds 152 adult civil beds 50 72 pediatric beds and they're in need of 80 more beds there are 15 beds occupied by weber morgan county down there So that was super interesting. You can tell they really care for the patients.

3:39:35Speaker 16

Which hospital was that?

3:39:36Speaker 11

The Utah State Hospital in Provo.

3:39:37Speaker 16

Is that the one that's in the news that's cutting like 500 employees?

3:39:46Speaker 11

I don't think so.

3:39:48Speaker 10

I don't think so.

3:39:49 – 3:40:26Speaker 11

No. Another thing that we should be aware of is advanced air mobility. I think that should be included in our general plan and our transportation plan. It's really moving forward, and the FAA requirements, they're coming out with requirements for the landing pads, and the whole AAM is what they call it, Advanced Air Mobility. There's different kinds. There's small ones, bigger ones, but they are part of our future, and they'll be here really soon.

3:40:26 – 3:41:43Speaker 10

Yeah, they will be here real soon, if I can go up on that. There's also a... an opportunity for people to go and see some of those vertiports, these planes, drones is what you'd like to call it, and it's called Project Alta, and you can go onto the UDOT network our website and you can find these and they are having a site where you can come and see them and actually see them in works on September 29th and 30th and on October 6th and 7th. And so look on there if you want but we do need to go and put that into the general transportation plan because UDOT is putting it in theirs. And it will be something, and with us in Morgan County, we need to really be aware of transportation needs for the safety of our county. And I will not go and elaborate on everything else because there's a lot. I can do it next time. I won't do any more because we're tired.

3:41:53 – 3:42:08Speaker 20

Mr. Chair, I move that we go into closed session for the purpose of our discussion of character professional comments for physical and mental health of an individual and the purchase and exchange and release of real property, including water. Second.

3:42:11Speaker 7

Motion by Commissioner Nickerson and a second by Commissioner.

This transcript was automatically generated from the official public meeting video and is presented unedited. It reflects remarks made on the public record by elected officials, staff, and public commenters. Transcript accuracy may vary; view the original recording for reference.