County Commission - Regular Meeting

Good.

Can't be like that. Not visible in the future. Sorry.

How are you? Doing good. I haven't set up a voicemail. So, like yesterday, let me try coming in my car. I'm going to be voice. Oh, I don't have voicemail.

I just realized I forgot my computer. I forgot my regular computer. So, work. Oh, well. Make it work. Okay, we're going to Can you hear me? Go ahead and get started this afternoon. Appreciate everybody being here. Appreciate uh those that are online as well. Um, we have our work session scheduled here at 4:00 November 18th, 2025. Um, Kate, who's going to be in charge of that?

Probably Josh. Josh. Janet. So, I'm I'm going to introduce it a little bit and then I'm going to turn it over to Janet to kind of talk about the legality of some of the things that we've kind of found and discovered. Is that my cup? Uh, I think so. I can't feel like I can't hear myself either. The green lights on. It's hot. I'll turn it up.

Usually people don't have a hard time hearing me.

Is that Is that better? No. No. Do I still record? Okay. Try now. All right. Is that better? Okay.

Um, so about two years ago, uh, Matt Wilkinson submitted an application to pull the Wilkinson family's property out of phase 9 of the Cottonwoods. There was a planning commission public hearing that was held and there were quite a few people from the Cottonwoods that came out. After that meeting, uh, we were discussing with, uh, Matt some, uh, solutions. Um and the Nettletons uh stepped up and have been working with the Wilkinsons um on a land swap. So pulling the land that other property owners that don't want to be in the Cottonwoods out and putting land uh back in as as a land swap. Uh Janet and I have been looking at the development groups quite extensively and uh she's got some uh legal ideas of why allowing the Wilkinsons to pull out of the cottonwoods is a good idea. Um and then allowing for the land swap would uh address the open space issues and things like that that would be lost from pulling that land out. So, uh, that's kind of the stage for, uh, why the Neettletons are presenting, uh, some ideas to you tonight and going through a work session. It's in preparation for their public hearings, um, when we bring it forward to the planning commission, then to you, the county commission. So, I'll turn it over to Janet and she can

So, when when did when did this happen? I I don't remember. Is fairly it's fairly old and it's been kind of sitting there while the Nettletons and the Wilkinsons have been working through this. Uh it's been probably almost two years. But they came in and we heard this once. Planning commission.

Oh, the planning commission. Okay. Um it didn't we didn't bring it back to the county commission because of how many people came out to the planning commission meeting and then we were trying to work through some solutions for them. And so this is kind of one of those solutions. Um but then I'll I'll have Janet kind of speak a little bit to you. Okay. Janet. So, in looking closely at this and doing some research, the property involved is subject to that old development agreement, the Cottonwoods development agreement as well as the reszone Cottonwoods Prud that is an ordinance contained within our code. Now the development agreement was entered into with the developer and at that time the developer had signed I think a purchase agreement that he was going to purchase the property from the Wilkinson's um in different in phases. I believe he purchased the first four phases and then um things happened and there were issues there. The legal issue I see with this is that the property owners never signed the development agreement and now their land is subject to that development agreement even though they didn't sign it. And there's a legal theory called the statute of frauds. And if you don't sign it and you're the property owner, county can't enforce it against you. So, they're not a party to the development agreement. Now, I don't see an issue with the property being put into the reszone um Cottonwood's PR ordinance because that was subject to a public hearing and anyone could come and

object. Um however, we do have an issue with the development agreement. So, the solution I think that they've come up with since 2 years ago of swapping out land, pulling that property, they're going to have to amend the ordinance, and then also amend the development agreement to get that property out, put the other property in. And I think they've come up with a pretty good solution where it's pretty equal acreage. And then I think they have some nuanced ideas as far as how they want to deviate from what is in the development agreement as far as um other things like building and and things like that. But it's my understanding that they'll maintain the same open space issues. And so it's my recommendation that legally we let them out of that development agreement or amend that development agreement because I I just don't think that was done properly when the county entered into that development agreement. There should have been um either the property owners signing the development agreement with the developer or a separate document where the property owners were stating that yeah we agreed to this developer gets to enter into this for us. So that's my legal spiel.

Okay. Thank you. Do you prefer us to go up to the Well, either that or we need to pull the mic and let you talk into it. sitting there. Oh, there is. Is this okay? Oh, okay. Yeah, we're good then. Do you want to pull? Well, she's Kate's Can I drive? Oh, okay.

Yeah. So, uh um my name's Heidi Nettleton. This is my husband, Ray Nettleton. Um we've been working with um the planners, uh with Josh and also with um the attorneys, mainly Janet. um uh to kind of come up with a solution for some of these things. We it's a little more than just the quote land swap, but um um we represent the land owners um in phase so in the Cottonwoods development, we represent the land owners in phase six and phase nine. Um and then the land owners to the east, Morgan County Cottonwoods LLC, that's my family. Um phase six owners are up here the pliers. They're under the Turkey Flats and M Max Wilkinson. And then phase nine is Ted Taylor. Um and the Mark and Sheila Wilkinson Family Trust. So the Mark and Sheila Wilkinson Family Trust um is Matt um represented by Matt here and he's here today. So the goal is to provide a more comprehensive and combined plan for our properties in the Cottonwoods development. Okay. Go ahead. Switch. Okay. So the prop proposed changes are um in the cottonwoods development the PUD the overlay zone um and then a an amendment to the development agreement. So um we brought a laser pointer but it doesn't seem to work. So maybe Ray

Warning that is a Oh. Okay. So don't touch it. So Ray will just kind of show you exactly um where where we're talking about. So, so this this uh dark dotted line is the original cotton with development agreement. So, ignore this. This is phase six which is undeveloped and this is phase n which is undeveloped. This is also phase n. So,

so the the land that Matt and Matt originally actually came I think they've been working on it for two years, but I think he actually came like a year ago, last December, if that's right, Matt, to um in front of in front of the council. Um so, their land that they would like to pull out is in the and we can go over this further, but it's that red hash area and then the land to put in is the green, but we'll we have another map for that. So, go ahead. So this yellow, this is basically all developed except for this right here. This is phase eight. So you understand we're not representing anything with

Okay. So yeah, go ahead and go to the next one. We'll try and get these through these as quick as possible. I know you guys only have an hour. So just a a real brief history on the Cottonwood uh area. So the original developer was Gardner Development. Um he proposed the plans. Um it's totaling 1,036 acres. So this was back in 2006. Um this also included the Cottonwoods PUD zone ordinance. So there's the development agreement and then this the and then the the ordinance uh the zone ordinance. So phases 5, 6, 7, 8, and 9 were under purchase options but they expired in 2011. phases six, eight, and nine were sold to others. This kind of created the complication that Janet um spoke to. Um the Wilkinson Family Trust is part of that phase 9. They wish to have their land removed. Um we've we've during that time we were talking to all the owners for uh water infrastructure. So um this kind of this is how it kind of got created this um so the property to the east was originally contemplated my family's land was originally contemplated back in my dad decided he wanted to do that at that time but 20 years have passed and um the land owners were requesting some minor changes from the 2005 plan.

No it's we're talking about a lot of acres but there's really not a lot of changes and we'll go over that.

Yeah. So these are just the original concept plans that are in the ordinance and the development agreement. It shows you know just concept plans of the the the rough phasing and then the open space. Um okay. So I just wanted to point out they're very they were very conceptual of the I mean a lot of this has changed the phases have changed the boundary lines have changed the densities but we're sort of kind of married to this at the same time but it's very conceptual they had all sorts of different maps in here but this is one this is the the open space map we basically combined you'll see in our exhibit basically with the open space plan it's Okay.

So, the proposed concept plan that we have um is by taking that land out that's in the original phase 9 adding and uh our land to the east and it's acre for acre. We can go that again, but we we would be committing to adding a community trail along that ridge area. So we can come back to any of these. We can drill into it and you can ask questions about it a little bit later, but this is just the general. Yeah, go ahead.

So the key changes are one, the boundary line adjustment to the Cottonwoods overlay zone. That would be taking the land swap, although Josh told me not to say land swap. Um, but it would be a boundary line adjustment change. Um, we have the legal

survey already. Yeah. And then two actually I can go back two minor changes to the Cottonwoods development agreement. So that's just the amenity commitments omitting the equestrian center in phase six. Um the adding or having the option to do mansion homes in phase six and the flexibility to add some single family lots um greater than 8,000 square feet. Okay. So the boundary line adjustment areas are again it's a total in the red hatched there it's 193 acres that would be removed and then the green is 193 acres that added. So the the total acreage of the 136 would remain the same.

It looks like they're different but the survey has assured us that the same acreage. So that red area is that like commentary commentary circle. Is that where that is? Where is it? Yeah. Right. Right here. Cuz where's Isn't that the lake right there? Isn't that Silver Lake in the yellow? This is Silver Lake, right? So Coventry Circle's below Silver Lake, right? Yeah, this is this is Coventry. No, it should be below it. No, it's right here. Sorry. We have a couple we have a couple photos too that show um kind of the land if you want to. I think the photos are next maybe.

Okay. Well, they're Yeah, we can go back to the other one. But this this is um you said go back to the other one. Yeah. No, sorry. Keep go right there. That that one's fine. The first go back one more. Okay. So,

this is just this is the legal description of the 193 acres is being removed and we just wanted that to note again that the owners do not want to be part of the cottonwoods. This is area will be removed that is being removed will revert back to the low density A20 zone. The vast majority of this area is not visible from the cottonwoods or mountain green. No trails were proposed for this property in the original DA and it's generally steep typography. So if you're looking from the cottonwoods or from you know most of this is kind of in the shadow of you can't even see it from

go to the next slide. It shows some photos um and you can see um so we took these from Mold Mountain Highway. The ridge right there kind of point to that ridge right. So that that is essentially um the the the cottonwoods are to the north, right? It's like in the shadow of the back side of what you would see from Mount. So as far as a viewshed, you can't see it, I guess, is what I'm trying to say. Um okay, go to the next. And this is overlooking this the substation by that boat.

So this is the added acreage of the 193. Um so of that 163 acres would be preserved as um native open space. Um

that's that's okay. You're fine. Um and then so uh the trail that you see in the yellow there um that would be uh that would be an amenity commitment that we would make and it would be able to use for all the residents of the Cottonwoods area there. Um we feel like it's a superior viewhed from from the area and um so the and then there's 23 acres on the south end um point to that right just right down in there.

Yeah. Right down here there's a 20 acre swat and u on this uh we came and got a future land use amendment change back in 2021. Um, so there was some pre-entitlement if you would call for for a certain development right there. And again, we mentioned that on the early concept plans for the cottonwoods back in 2025, they actually showed this area developed. So it's nothing like incredible.

Um, so the the net 24 pre-entitlements already existed on the 193 acres. Uh, you know, it's only it wasn't reszone, but it was in the the future land use map. Um uh and then the home sites can now be clustered, you know, further protecting the viewshed there. Okay. I think we took some photos from that area, too, if you want to go to the next.

Yeah. So, just just know we're still going to comply with the all the maps and the sensitive areas and the view shed type stuff. Nice dice compant everything that's part of the button document. We're going to comply with all that. Yeah. So, this is looking east right from phase 9. Again, that's no houses for you there. Just a trail. So, that's a nice And we should have taken does do any of you guys live over in that area? So, we should have taken photos actually looking out from the trail the other way. Yeah. Yeah.

I thought of that actually just last night. But you can kind of see you get a better, you know, view of of of the area there.

Okay. Go ahead. Go to the next. So, then amenity commitments. Um, so in phase six and nine, so no park was originally required in phase six, but we will commit to providing a top park and pickle ball court for the residents of phase 6. Phase 9 will install the 1acre pocket park that was originally required um per the development agreement. In addition, phase 9 may add a pickle ball court or a pool clubhouse amenity um in that phase. And then um we will be adding over two miles of trails up over and above the current plan for phase six and nine. And then all the trails would be open for all the residents in the Cottonwood PUD zone. So go ahead and go to the next slide. I think it has the trail.

Can I ask you a question? I I guess I'm a little confused here. If this was gardener development, why are you guys so doing all this? I'm not understanding. Gardner Development was the original developer. Okay. They bought portions of the land, but they didn't buy the land in phase six and phase 9 and phase eight. And so they no longer own that. So we've kind of collectively come together as most of those remaining land owners minus uh phase 8 and tried to you know come up with a comprehensive plan. One of our main things was

But did did gardener commit to these things that you are having to do now or so he there's a development agreement I'll let How does that work? Yeah. Well, he didn't he didn't do it. He was supposed to do an equestrian center and there was quite a few things that were supposed to occur that didn't occur. And so so did he sign the He's the one that signed it. So why is he not So he he encumbered property that he didn't own.

So yeah, there there were option contracts. So it was an option to purchase that was part of the original development agreement and that was used saying okay this option will be purchased and so it will be in this development agreement. he never followed through on the option to purchase. And so now, you know, what what Josh does when a landowner comes in is he makes the or a developer, I guess you could say, when a developer comes in, he makes sure that they either own the land and or they have authority to act on behalf of all the land owners. And that did not happen 20 years ago or whenever this development agreement came through. And so he encumbered or made certain property that he did not own subject to a development agreement.

Yeah. But we're still doing business with Ron and stuff in this county. You'd think that he would want to help out and help all this stuff happen. So I don't know. He I mean he doesn't own the land anymore and we're just trying to work within the framework of what is existing on your code and ordinance. I'm I'm understanding it now better. Okay. Um so what about plier property? Where's that going to happen? So pliers we're representing pliers as well. their phase six

on the north end is in with so they in agreement having a trail up through there or so they're not turn they're not going to turn it over and it's not part of the the open space agreement for uh the development agreement it's not part of that open space or what's I don't quite get that part because you've got your little section back onto that one Um,

there's several tables in the ordinance. It does get a little bit complicated, but each each parcel owner will retain their portion of the development agreement. And frankly, we like several parts of the development agreement. So, we're going to continue. But we just there's some subtle changes here and there that we're asking. We don't want to speak before us or his plan years ago for us. Okay.

Just seems like a lot of cost. Seems like you're providing a lot of amenities for the smaller portion of the development. But I I could be wrong. I just haven't studied it much. uh in the in the ordinance we're under certain obligations and that's one of them is we're going to get to we want to remove the obligation for the equestrian center and we we can get to that. I think that's up next actually. Okay. So we would like to admit the equestrian center in phase six. So the original developers, this was 20 years ago. There's actually an existing equestrian center that's just down the way. Um, and I know um that that owner wrote a letter to the planner uh not Josh, but I think it was Lance um back saying they don't need they they really wouldn't want another one there. Um and uh quite frankly, the current requirement is no longer possible. We can drill into that if you want. Ray, do you want to kind of show that?

Yeah. So this this blue line here was the original development agreement boundary and gardeners did North Dide Creek, they actually cut into the cottonwoods development boundary zone and took this area out and made it part of theirs and that this part right here goes right here. So, it's physically impossible for us to build the barns and corral and stuff and then the whole equestrian theme neighborhood really falls apart. And it it says we have to phase to install it. So that's something we So that's one of the changes we we

How did that happen? How did how did we end up with a another subdivision crossing into a different subdivision? North Side Creek predates me. I I don't know. I don't have an answer for that. Wow. Okay. Okay. Go ahead. So this is the Flyers land, right?

Yeah. and we're we're so we're representing pliers to tailor all of that. Um okay, so we would like to add some possibility of some mansion homes in phase six. They were part of the original PUBG overlay zone. Um they're designed to look like a one big uh single home. Um with the garages in in the rear, uh we're proposing a maximum of 25 units in phase six. um with the open space and the setbacks provided in this area and we have a table later on that talks about that. Um it has less less density than a typical like townhouse development. Yeah, it's not high density town homes. They're just but they're attached high.

Oh no, you said the T word. I know. Well, let's be honest what they are, right?

Okay. Uh go ahead and go to the next one. Um so so the changes we're we would like to make it for from the original development agreement and the ordinance the zone ordinance um it does result in an overall average density. Um so the original average density was 085 dwelling units per acre. Our proposed density for phase 6 and 9 is 0.58. Um the development agreement required 40% open space. um phase six and nine owners are committing to greater than 58. Um and then uh excluding the lot areas and the roads. And then as defined in the revised ordinances, it we just are stating what what's what's in there. The agricultural open space is privately owned and maintained in attractive condition. This may be fenced pasture or crops um subject to architecture review. A barn without dwelling may be installed. The native open space is privately owned with the community trail easements authorizing the use of the trails. Um they can't be built on the community open space parks are deed to the HOA um for maintenance. Okay.

Ry you want to talk? Yes. I don't know if we want to go over this now or as part of the ordinance still get into the ordinance but we can we can go get get into that. But again it's we're Our proposed average density is 0.58 versus the 085. So we're much less than what's proposed on average. We did do you want to talk about the

Yeah, again you each each owner and we've listed their parcel numbers and the acres and uh so in this column here there's a calculated maximum density. So if if you would consider it at the 085 phase 6A would be have 45 entitlements. We're asking for 60. Um, again, we're kind of moving some stuff around, but on average, it averages out to, you know, if you' gone with the 0.85, there'd be 369 units, and we're asking for the 253. Just move things around a little bit. But those those entitlements are per parcel owner with the ability to swap a little bit. I feel like I think we'll get that.

Okay. Yeah. Okay. Uh, next slide, I guess. So, and the other change we'd like to um uh do is allow some single family lots greater than 8,000 square feet. Um, the revised uh so the revised ordinance would allow that. The proposed concept plan um originally does not show any lots less than 10,000 square feet. This gives us flexibility to add in some smaller lots that would require less water, easier to zero escape and would only increase the open space and decrease density. But again, the the overall density wouldn't change.

And the plan that we proposed doesn't show any just we want that option when we come back. But again, the total count won't go up. Okay, next slide. I think we're close. Oh, yeah. Okay, go. That's good. Um, so the presentation commitments pertaining to phase 69 and the new phase 9 only are in exhibit A. It's less than the current average density. Um, we're having additional open space and view shed protections. We're adding two two miles of trails, so two times the original plan. um trails are used for all the Cottonwood residents. We're kind of uh closing a loophole on sub subsequent development of any open space um by defining it better. Um and then each, you know, obviously each subdivision when you come in to be plotted would would go through the regular process of um you know, the planning commission and the council um to be actually platted and then no changes to the dark sky lighting requirements or or anything on that. Um do you have anything to add? Yeah. So, we have some supplemental signs and we're trying to keep this to 20 minutes or so. You know, we trying to anticipate questions. We don't necessarily need to go through the slides, but you have any questions probably.

Do you have any questions right now for us or for uh Josh or Josh or Janet? Any questions? So, you're showing your asphalt trail here in the red. So, that's something you're going to continue to blow up.

Oh, wait. This is a This is the original one. So, if we wanted to, we compare the the trail system to Oh. Yeah. Well, this these these are our proposed trails and there's a table and in the ordinance we basically say we have a minimum of I think it was like it was a lot. It was it was over two miles of trails.

Yeah. You know, again, like we kind of consider this the crown jewel, a nice trail connecting, you know, continuous basics. This is a new type of trail. I mean, it's part of you mentioned the cost, but this is just a it's an unimproved nature trail, but but people will use it. So, is it just going to parallel the trail that's there right now? It's up on the hill. Well, there's behind the there's a trail up here that goes up. Where where trailers, you know, if you're going up to the the retention pond, so cottages are you can show them.

This should be further up the hill. So, it's just going to parallel up the back more. Yeah. You're saying, you could show where the retention.

Yeah. So, this this is phase eight. That's the big flat field up there now. So the trail would be somewhere uh east of that of that of the of the old boundary. And yeah, so the the yellow is the the uh kind of unapproved trail. This greenish color is is a gravel trail. Um the blue is sidewalk that just connects trail sections at home and probably do asphalt trail around the uh the town homes. That's right. So how wide is your trail then be? How wide how wide wide

starting width? It's it's in the tables but I think this is just generally four to six and I think you said that you know occasional benches or something like that and then uh And then the asphalt trail was a little bit wider. Will that be maintained again by who? You guys. Maintained. Maintained by the homeowners. So go ahead. See, so where the yellow trail is kind of in in the new section is that trail and your pickle ball court that is all going to go into the HOA of the existing Cottonwoods

is that there's no real maintenance cost to the nature trail. Well, no, but I guess I'm just saying the trails, the pickle ball courts, the little oneacre parks, is that all going to be maintained by the current Cottonwoods HOA? No. Or is that neighborhood HOAs? Okay. And and they're in agreement with taking all this into their HOA fees. So, each neighborhood HOA is like phase six would have its own neighborhood HOA. Okay. And then we could go I mean we could go

there's a slide in here later but there's there's some I I guess we we as land owners could say hey we'd be happy to join the master homeowners association but there's some legalities about a boat and getting all that it's very difficult okay so if we all of us will create our own master home owner station or standalone neighbor neighborhood for combination of both. I just want to like So you're not if they want to you're open to joining the Cottonwoods HOA, but but at this point it's completely separate. You're doing your own thing.

Yeah, we don't want that to be a political thing. That's different. So we'll we'll approach them and we're we're happy to join the master. No, you're good. Thank you. Okay. I'm a little slow. So, I'm still thinking backwards about several slides on the density. That's that's like 100 more density. What What's the zoning or is this all come back to a development agreement and that's how the density gets changed?

Yeah. So, the original development agreement back in 2005 2006 allowed for 877 homes. They're not going over that 8 877. uh the phases so far haven't even come close to that number. Um so they're taking the phases and the proposed densities for those phases and they're shuffling it around a little bit. But from the numbers that I saw, and they can correct me if they're if if I'm wrong, but it looks like they're actually decreasing the number of lots that they would be entitled to in those phases already by 100. And water's water's all taken care of. We're not going to be dealing with water.

Well, Cottonwood uh Mutual Water Company was set up to serve the Cottonwood development which included phases uh 6, 8, and 9. My understanding is that the Cottonwood Mutual Water Company's water towers and pressure uh can't serve the higher uh like phases six and eight because they're higher elevation. And so uh in the last two years, the Neettletons have al already brought forward conditional use permits for a new reservoir and a new water tank. And those new water tank and reservoir would serve the upper pressure zones.

Okay. Is a mansion home considered one home site or four home sites? There's four. I just didn't want them to get in a situation where, you know, they're not going to provide water to these areas. So, uh, no, I I that's a good question. So, didn't you guys have an um that you wanted to put in a reservoir or some kind of a tower also for water, at least in a previous one? It's on that map.

Yeah. Here's Yeah. This is 400,000 gallon tank site and that's 14 acres. So is that going to be part of now your new part of this development or is that going to go to the cottonwood still as land owners we contributed to it and we would build it and build the tank and give it to the water company and then they would give us

so part of phase six can be in the lower doesn't need the upper tank can be serviced current currently. Uh I'm not sure where that splits off, but yeah, almost all of 6A can be fed from the existing middle zone storage and they have storage in those tanks. So it's clearly the tension,

but there was always going to be a need for an upper zone with the tank and that's why we've been working on that. So, are you saying you're building the tank, you're providing the water, you're giving that infrastructure to Cottonwoods Mutual Water Company in return for hookups. So, just kind of close, we we've been working on this for the past year since um we were looking into when when we got kind of got together as homeowners or land owners with the other phases and then once Matt wanted to pull that land out um and we had several meetings with with Josh and and and Janet and a couple Garrett I think was there for a couple um but that's when they suggested the work session to see so we have a better chance of you know having pass and see what your input is.

Do you guys want to go through the ordinance? That's a really simple.

Sure. If it's easy, let's let's

So, this is the development. That's a little bit more complicated, but the ordinance They're both. So again, this is exactly the same as it was in 2006 except for just go to the next pages. I think you must skip it.

Someone accepted the the changes, but basically we strip out the uh all of reference to the equestrian center. Strip out any reference to a golf course. We didn't really talk about that the golf course in the original development agreement was not shall or may or there was no requirement but I don't think anyone really wants a golf course. The land or Ted Taylor doesn't want a golf course. There's not enough water for a golf course. So, we just to simplify striking all reference to a golf course.

I have to convert it to

because They're written in red. The changes, right? Oh, yeah. Yeah. You can open that now. But then the other one is that's the DA.

Yeah. Yeah. Look for the blue one.

the golf ball golf club and it says all prior references. So that's how in the in the code. So there's like all these references to the like cabins and stuff like that. We don't own that land so we can't we can't represent Gardner's land. He still owns that property so we can't represent it. So it's staying in there. Uh here's the density. We talked about that. So are you saying there's still land that gardener has there that it will be developed?

Well, that's a very fundamental question for you guys. In the concept plan, it says that it won't be developed. Most of them won't be developed, but there's other parcels that that's up to you. It says in the concept plan they won't, whereas our show that they would be

would be developed in. Yeah. because you just said something about cabins and he still owns that property so he'll be doing the cabins. Well, he may or may not. I just can't speak. It's not a shall, it's a maybe. I think what he's saying I think what he's saying is there is still some land ownership in the Cottonwoods that Gardner owns. Um there's another gentleman that owns um that show on the concept plan as open space. So, I'm going to have to talk to Rulan. He seems like he's getting out pretty well on this deal.

Uh, we just we can only speak for ourselves and our land, and that's what we're that's what we're coming to for. Okay.

Yeah. We talked about allowing some of the 8,000 foot parcels. Again, we don't expect a lot of those. Scroll down. So basically the cottonwoods original stuff from gardeners um from that whole development. You're switching the open space that was designated beforehand and you want to switch the 193 acres to a different area and have more housing and leave. And is the rest even though you guys own it, will it all be in open space or not?

So phase 9 was designated as part part of it was open space and part of it wasn't. So there's multiple owners in phase 9. Now there's Ted Taylor and then there's the Mark and Sheila Wilkinson Family Trust which is Matt wanted to remove part of his land from it and that's what we would propose switching the 193 acres to the 193 acres. our 193 acres. It still reserves 163 I guess we said 170 will be perpetually open of open space but um there is some like how many entitlements is on that

35 35 is what we're proposing yet the cottonwoods since he was never able to finish that portion of the development agreement because you guys own the land and not him. Why is this part of I mean it seems to me like gardeners or the cottonwoods don't have the open space they were supposed to have within the original development agreement. Is that I'm at looking at you on that one. This is where it gets really complicated. That's how I'm seeing it.

Yeah, that's what I'm seeing too. So phase 6, phase 8, and phase 9 all had proposed open space along with proposed lots. Uh phases one, 2, 3, 4, 5, and seven, which are all currently under development, all had proposed lots and open space. Uh phase nine in the development agreement, it talked about um open space along with a potential golf course that they may construct a golf course. So, it's I actually have to leave that open for fire code.

It was never mandated to put in the golf course. Um, and so in our discussions with um the Wilkinsons and the Nettletons, they're proposing additional amenities that would uh that would be required to be constructed in the I said not to use land swap, but it really is the best way to describe it, I guess. Um, so they're trying to fulfill the requirements of the original DA by providing open space in another area. And in doing so, they would like a certain number of the lots that were reserved or or allowed in the original development agreement. In this case, 35. Uh the other phases already have their allotted lots and open space that they're they're required. Uh phase six was required absolutely required mandated to put in another equestrian trail or equestrian center and trail. Um we've we already have an equestrian center about a mile away. Um, so it doesn't seem like a good idea to put two in such a close vicinity. Um, so adding in different amenities like a clubhouse, pickle ball courts, or whatever, uh, would create additional amenity opportunities that aren't there now, um, aren't required by the original DA. um while also allowing a family that has owned that land since the development agreement was created back in 2005 um to get out of a development agreement and uh do what they want with their land.

The underlying zoning was A20 and my understanding is they want to keep it large 20 acre lots. So I mean you can ask Matt, he's here now what they want to do with it. Um, but that's that's their goal. Okay. I'm just far as open space, 40% of the entire project was supposed to be open space. We have not run the calculations on each phase to see it's

we did run it for our proposal. We're proposing 58. So, we're well above. We're committing to that as a minimum. it'll probably go higher. We'll have more open space. So, for the land that we're speaking to, we're lower in density than the overall zone and we're higher in open space than the overall zone. And we're we're trying to bring amenities that will help both the community and and us at the same time. Uh and on top of that, they're proposing to address the water needs in the area because of the pressure zones. So then you guys are going to be part of still the development agreement. Yes.

Is that what you're I mean that's part of it? Yes. So all you're doing is switching up the 193 acres to a different spot for development and the other 9 193 acres are going to be in yours tailor and pliers. Yeah, we're formally recognizing the the transfer of responsibilities from gardener to the new see the current parcel owners. We still want to be in the development. We still want to be in it. Yeah, 100%. under the conditions of a tree. Yeah.

So basically cuz if I recall last year when you guys came forward I was just sitting in the back and it seemed like I said two years. It seems like a really long year.

This seems like a long time I've been sitting here too and it's only been 10 months. Yeah. Um, but I I recall cuz I remember when that whole the Wilkinson project was being sold and the family and everything back in the mid '9s when that all kind of began. And I remember I want to say the conversation a year ago was all about the open space that was required. So basically you you know they've just come forward to say we're going to honor the open space. We're going to make sure it's there so we don't have a bunch of illegal non-conforming lots because the open space has now disappeared and they want to be able to use their property because it was never purchased like it was supposed to be. So that's kind of what I'm getting out of the whole thing. So

that's a good summation that makes sense in my little brain. I just remember that three years ago to four years ago when Sheila was talking to me about this whole thing. They were wanting to pull out of the agreement completely out of that agreement. So now you're telling me they want to go back into the agreement. No, no, they do. Matt and the Mark and Sheila Wilkinsons want to remove. So that red the red hatch is what is their ownership of their land. they actually want to pull out of what we're seeing. Okay. As representatives of MCC, um, which is the green, that's the land swap. So, we would go in, but they would pull out. Yes.

You're pulling the 193 out of the development agreement and you're installing another 193 in place. And Josh said to keep it even. I just remember them wanting to get get out of it, get out of this cottonwoods agreement or group because they never did actually purchase the ground and you wanted to be completely out of it and so because of that you're trying to do now this landslop let them be part of it but you want to be out of it but this this satisfies a lot of

sorry can you come to the mic This um satisfies a lot of things and it also protects the county that has been in a compromised position because of what happened with uh previous development. We just want to be out of it. But that's really hard to just get out of it. It just is. We we can't. So to propose the Neettletons to come in, I mean where our land is compared to where theirs is, ours really doesn't fit well with everything else. Theirs looks like it was supposed to be there in the first place. It just took us 15 years to get there. They are actually going to have the trails that were promised. The trails that there's no trails in our property because the land was never promised even I mean, excuse me, the land was never purchased even though the trails were promised. So, the Neettletons coming in actually fulfill it where it wasn't fulfilled before. We we're able to slip out. the county is protected and you don't have to go through the nonsense we've been doing for 15 years.

So what do the nets get out of it? I don't get that. I mean it was open space but I you get higher density. So, we originally had come in, like I said, uh to ask for some four or five years ago to be in the Fluma and we wanted to and I don't think you I don't know if you'd had to you didn't have the PUD then and so we were only able to do like 100, you know, was MU 160, but we got 24 pre-entitlements in the future land use map down low. Mhm. So, um you know, basically that's why we can, you know, we can keep all that open space and then we can cluster it uh down low in the the southern uh portion. So, for us, this is the formal zoning change. Okay.

For that. Yeah, I guess so. Yeah. Yeah. Because in your original when you came to us before, it's above the well, I mean above that the tanks that you're building that you came into us and asked for certain amounts of lots. It was a It was an MU160 and you were and you were trying to get it to where you could have so many lots and I don't remember how many there were or anything like that. We approved it. Yeah, that's correct. And and so now but you're going to be completely out of the cottonwoods in that in those parts of it except for the tanks. Is that correct? Are you

No, we would we would basically kind of say, okay, we're we're now part of the cottonwoods in that 24 that we wanted originally. Now we're doing this land swap. We can get it within the cottonwoods. Um and and since that time we've been working with Eric the plier the t Eric pliers and Max Wilkinson and Ted Taylor the other land owners um mainly on the water infrastructure but also on basically all that we've been working on here today.

So it looks like we're running out of time. the the development agreement number three. Number one was like sidewalks. Number two was the height restrictions. So this is number three. This is the third amendment to it. Ours is more elaborate, but there's a it's mostly covered by what's in the ordinance, but we don't have enough time to go through it now. So, uh, I guess do you have any concerns about coming to the planning and then to the council again with this proposal being that it's a boundary line adjustment change, an amendment to the ordinance, and an amendment to the development agreement?

Do you have any advice? They need to happen all at the same time. So, they're all three were just so tight. We talked about doing just one at a time doing a l doing the land swap and then that's when it kind of snowballed and we really need to look at this in a more comprehensive manner to satisfy everybody including the county. I appreciate how you focus on your open space and trails and all that. That's that's great. Um, is phase six and phase 9 both planning on being town homes plus some single families? No, just phase six. Just

so in that purple lower one is also going to be No, just in the upper And the upper one by

the upper face. Phase six where Eric pliers or turkey flats. I didn't think they wanted all that development. So, if you if I'll answer you from my on my behalf, but uh I don't I I appreciate what you're trying to do here to to satisfy all parties. I'm a little disappointed in some of the stuff that I see. Um but no, I I think it's a good um alternative to what what otherwise would be a bad situation. So I I don't have any concerns that way.

Okay. Yeah, I'd agree. Anything else? No, I appreciate you diving into it. I know it's been a long journey for all of you. So hopefully there's a compromise soon and everyone can move forward. Not a huge fan found homes, but I don't know. I don't know if you've asked the residents around there either, but that's a different

Well, that was a concern when we had our last meeting um with with uh Josh and they they they brought that up and I guess there's been certain developments that maybe haven't been super happy. Yeah. Yeah. They're not highdensity town homes. They're uh and it's it's not they're they're designed to blend in to look like just regular homes and it'll be wellmaintained and everything. So, it's it's uh town homes a little bit more affordable, but still very classy. Uh the original Cottonwood development did allow for some town homes. Yeah. Anyway, okay. Thank you. Thank you.

All right. So given given the comments that I was given, I'll start the formal public hearing process instead. Okay. Thank you. Thanks. Thank you very much. Okay. We're going to take a 4m minute break. Four.

It's uh the whole thing is kind of complicated and it's way more complicated by the other stuff, right?

Yeah. Yeah, we tried to kind of dial it down because Get out. tax

was different because they went from primary. They went from non- primary to primary. So that's why that is So I She doesn't match. Welcome. Yes. It's not tax. So it takes off.

These are all the Okay, we're going to go ahead and get started. It's November 18th, 2025. Um, we just finished up our 4:00 work session. Um, welcome everyone. Appreciate those who are here being here and those who are online attending with us. Also, I'm going to uh give the invocation and and lead us in the pledge of allegian allegiance. Our father in heaven, we approach you this evening, grateful for the many blessings that we enjoy here in this community. We're thankful for our freedoms. We're thankful, heavenly father, to be able to live among such great people in our community. We're thankful for uh the moisture that we've been receiving and pray that they'll continue to give us the moisture we need for our farmers and for our own appropriate uses. We appreciate, Father, in heaven. Um all the work that goes on in our county, the the employees and and all those who diligently try and do their jobs in a manner pleasing unto thee and and to our community. We pray for thy spirit to be with us this evening. Help us, heavenly father, to um be able to um make good decisions that will help our community be a better community. And we say these things in the name of Jesus Christ. Amen.

I aliance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Okay, we will move to our consent agenda items. Is there any questions? Any issues on those? Okay, if not, I will look for the motion. I'll move to approve the consent agenda items as listed. I'll second.

We have a motion by Commissioner Newton, a second by Commissioner Blocker. All in favor? I. Any opposed? Motion carries. Commissioner declarations of conflict of interest. Do we have any this evening? Okay. Seeing none, we'll move on to our public comment. Um any any of you that are here to make public comment at this time, you're welcome to come forward. You got three minutes. Please state your name and where you live. And

so my name is Trevor Cington and I live in Mountain Green and I recently went to the Mountain Green session that the county put on and there was a lot of concern about highdensity housing in Mountain Green and I'm just curious what we as citizens can do to stop any more highdensity housing in Mountain Green. Like if if every house had to have like a half an acre lot, that would be amazing. But right now, that's not the way it works, it seems. And I'm just wondering what we as citizens can do to change that. And then I'm also curious, um I've heard that if Nine Springs incorporates, then there could be issues with Mountain Green incorporating. I've gotten that sense. No,

other way around. Okay. So if because I've heard that you can't have two cities within five miles of each other and so I just curious how that worked. So I'm just so but I I'll I'll talk with Kate after cuz this isn't a time that we can talk back and forth. This is a comment period for you guys and and we can get back to you on on stuff. So, I guess my comments are anything you can do to help us as citizens know what we can do to fight highdensity housing in Mountain Green, I would really appreciate. Thank you. Thanks, Trevor. Appreciate it.

Okay, seeing no one else, we will move on to our action items. F1 Sheriff Stark. Oh, Jim, we're Jim's gonna Jim's gonna take over. He must send you when things are in the hot seat, huh?

Had a he had another meeting he had to be at. Um, so we just needed to come before the commission. I think hopefully you all remember shortly after the beginning of the year, we had been paying the lots contract. they were charging us $2,000 a month. Shortly after the first of the year, they increased that to $2,500. Uh we had only budgeted on the the $2,000 amount. And we had talked to the commission, explained what was going on, and the decision was made at that time to continue on a monthtomonth until we could come up with something else. We've now come up with something else, but uh they took a little longer to come online than we were were hoping. So, we're finding that that budget line item is $1,600 short for this year. Uh, we are now paying $1,000 a month instead of $2,500 a month. So, moving into next year, we will be fine, but to get through the rest of this year, we need to move $1,600 into that account to just cover the remainder of the year.

What did we budget, Katie, for next year? Did we just budget the 12 or what did we budget? We budgeted what our current contract is. So I have a question on that. Is is there anything within your I mean I agree we said to do that but is there anything within your own department that could be possibly transferred from one of those funds to this one to cover that without having to increase the budget? I I don't know. I'd have to to look at our items. So, I was just being told that I had to come in front of the commission for for this. So, Kate, do you know I don't monitor their

Yeah, I don't know. I just wonder going to roll back into the general fund. I just wondered if we have any animal control money either out of the animal control budget. We don't, don't we? That's Yeah, we don't have anywhere near this to to move from one line item to another. We knew this was coming when we when when they came in and told us it was $500 more a month. I'm actually glad it's only $1,600 because you guys were able to work out that deal sooner than we thought with the Mountain Green facility. So, okay. I'll look for a motion then.

Mr. Chair, I'll move that we approve u the transfer of $1,600 from the general fund balance to account 10-4214-260-0000 the animal control building and grounds fund um to cover the shortfall for the increase in animal um control housing. I'll second. Okay. I have a motion by Commissioner Newton and a second by Commissioner Nickerson. All in favor? I I Any opposed? motion carries. Thanks, Jim. Thank you, Jeremy.

Thank you, Mr. Chair, and good evening to the county commission. Action item F2 on your agenda is the Cudden Gravel Pit CUP. That's application number uh CUP 25.0. 009. The applicant, Leslie Harris, is in the audience tonight, Mr. Chair. Um, acting on behalf of Castle Creek Homes. The project location is approximately 3100 North Lost Creek Road with the parcel number and serial number identified in your staff report tonight. The current zoning is a split designation of rural residential termed RR1 1 acre minimum zoning and agriculture which is a 20acre minimum zone. The current acreage of the parcel, Mr. Chair, is 247.25 acres and the request for tonight is for approval of a conditional use permit um that is required for the use of a private gravel pit. the county uh county staff has reviewed and determined that this meets all of the minimum code requirements for the operation of a private gravel pit. again with that um C3 designation meaning a conditional use permit that comes to the all the way to the level of the county commission, the reviews reviewing staff consisting of of the planning office uh including the code compliance officer going out and conducting site visits, the county engineer, the secondary county engineer providing a drainage report uh along with the Morgan County Fire Department, all having reviewed according to the applicable standards and finding this meets the the minimum minimum code requirements. Uh the applicant did submit a new set of drawings per request from the uh planning commission and I'd like to to give a summary of the planning commission first, Mr. Chair. Uh they met

on October 23rd. Uh there were no comments made by the during the during the public comment portion of the meeting regarding this item and the planning commission discussion included discussion about possible reduction of of trucks hauling material from the gravel pit area. So there was a discussion on on the speed limits uh and the planning uh commission wanted the or recommended that the county commission discuss a possible reduction to speed limit tonight. staff having commented during the meeting that possible reductions in speed limits would be uninforcable and so uh again just the planning commission forwarded that recommendation. Uh they also discussed hours of operation and the requirement that the applicant return to the planning commission with a landscaping plan an updated landscaping plan for approval of re reveitation prior to reclamation. Um with that said the commission voted to recommend approval of this application to this body tonight. Mr. Chair, with a five to zero vote with Chair Maloney not voting and member Telford uh being absent from the meeting uh and the planning commission submitted the following additional conditions with their vote, which I'll read up later, Mr. Chair. Quote, that the or quote number one that the conditions listed in the engineers memo dated October 22, 2025 be included in the staff report to the county commission on November 18, 2025. and two, that the applicant come back for approval of re vegetation at their time of reclamation. Close quote. And Mr. Chair, those um findings are added to the list of recommended conditions within the meeting packet tonight. Otherwise, uh Josh and I are happy to answer any questions you may have, Mr. Chair. Thank you.

Okay, I have a question. I can get to it. Um I'll ask while he's looking. Um, I'm assuming there's going to be a rock crusher set up in there. I think it's already there. Yeah, it's already there. It's It's already functioning as a gravel bed. Oops. I got caught. And so Chris, I guess neighbors or whatever. And then Chris went up there has photos of it and approached the land owner and said, "Do you need to come into compliance?" And he said, "Okay." So it's already functioning.

Okay. So, how much is being taken out? What what what's the effect on our roads? I I thought from what I read in there that it was not going to be a commercial use. It's only for private use only. Sorry. Come come up to the No, come up to the mic. Sorry, Lesie Harris. I'm standing in for Mike Schultz. He's sorry that he couldn't be here. Um Mike Schultz was out of compliance. Oh, that's interesting. It was probably my fault in the office. Oh, I'd do that, too. Something else and I hyperfocused on the other project we were working on. You don't need to take the fall. My apologies.

The rock will just be to trails and roads on this property. So, there's no commercial use. So, no selling of it. And how many trucks a day are going to come out of there? It doesn't even get used daily. So it's basically a weekend kind of just when when Mike comes up there to do it up on the ranch that's what it's just

so I guess a question I have is so if it's a private so my understanding with gravel pits is the state issues the permit we issue the cup but if it's private then the state doesn't need to issue a permit is that correct okay and then does that mean that this gravel pit will remain in green belt or does it need to be pulled out of green belt okay so he will have to deline where the gravel pit is and have that piece removed from green belt. Okay. I was just looking at the assessor because she knows all the good rules. No, that's great. I'm going to make notes. Okay. We've had a lot of discussions on on gravel pits lately. So,

so where it's um kind of within this area, it's in RR1, RR5, and A20 and forestry. That's the whole picture right there. Um, but the gravel pit is only a special portion of that. Is that correct? And the cup is only for that special portion. It has nothing to do with the other zonings. So, so my understanding is he'll have to delineate like say this is my gravel pit. That piece will be removed from Green Belt, right?

And then that is the gravel pit. If he wants to go beyond that, he would have to come in, make adjustments, red delineate, pull out a green belt is is my understanding. So, he won't be within the RR5 zone or the RR1 for the gravel pit. Um, so gravel pits are allowed in those zones with the conditional use permit C3. Okay. Uh, conditional use permits run with the land. Um, this gravel pit has a clear designation of where it's located on those properties. Uh, but the use is allowed with the C3.

I thought it was only within the A20 zone. Um, this is kind of where you get into the splitzoned issue because the property has all those zones. It really is entitled to the land uses within each of those tables, but the the actual location of it is in the A20 zoning. And how long is a cup good for in that in that situation? Is it year renewed yearly or no?

Uh, that is completely up to you. Uh, I have worked in communities that have had um a two-year renewal and then a five-year renewal, then an eight-year renewal, then a 10-year renewal, and by the time they get to that, it's been there for so long that it's just it's an allowed use at that point. Yeah. So, it's really up to you if you want. Our code doesn't dictate a time frame. So, if you approve it tonight without a time frame, then it's just allowed in perpetuity as long as they meet all the requirements of the stipulations you add. I mean, the the only thing I can see is I mean, because I look at the family property and I mean, you're constantly repairing roads and trails and everything and to have a a pit like this. I mean, I would think that if you were going to do a massive development, he wanted to use that gravel pit, he's going to have to come in and it's going to become a commercial use, no longer private. Um, he's got enough property up there, good grief, he could haul gravel for years and never leave. I mean, the only issue is when he leaves the property on the county road to access more of his property is the only issue that I see. And I think that's was our concern or my concern is that when he leaves the property onto Lost Creek Road, now he's damaging our road because he's accessing more of his property, if that makes sense.

Yeah, there's other gravel pits and other uh mining excavation operations within the county. Their trucks come and go as well. Uh these are public roads. They have a public right to access them. Uh if they are damaged, I mean we own it. So we would be required to repair it just as if the concrete plant. Well, but that would be a commercial use. So Reese's and Wardell or Wardell brothers and all them, they're a commercial use and they're paying a tax per ton that leaves the property where this he's not paying anything for the gravel that leaves the property to to re and that's what I'm saying is as we look through this.

Yeah. In the future, if you wanted to convert it to a commercial, our code doesn't differentiate between non-commercial and private use. It's just you need a conditional use permit for your excavation permit. Um, so if he converts it in the future, then I would imagine to meet state code, he would have to get that state permit and start paying per ton,

right? And and that I was just kind of putting that out there that because it is private use, you know, he will be and and I think that was part of the conversation, but I remember what Chris was telling me was that, you know, because I Mike did say he goes, but it's for my own use, my own property. And Chris like but you are leaving. you're on the public road. And that's where Michael's like, "Okay, yep. I I see what you're saying." And so, he want to become in compliance. And if that's a worry for you that we need to know when it becomes commercial, if it ever becomes commercial, then I would add that as a stipulation of your conditional use permit that they notify the county. So, if he starts developing a piece of property and make it a subdivision and stuff and starts building his roads and stuff, is that just still personal?

Uh, no, because he would be selling the lots within that subdivision. So, at that point, he's using it for a commercial. Okay. That's all I want to know. Well, what if he leaves it? You're going to need to stay there, man. Um, so what if that Yeah, she'd rather have you do the Now, let's hope I remember it all. Um, but if if he leaves the property to like Matt was saying, and it goes to another place that he's developed and he may not be selling that, but is giving it to his kids, what happens there? Is that concerned?

Whenever the state requires a permit for commercial use, he would have to get a state required permit. As far as we're concerned for the excavation permit for the conditional use permit, we don't care. Okay. So, if he starts building more roads up there and uses all this for that, does that change anything? No, he's improving his property.

Yeah, I know. But it's just becoming a problem throughout our county that all of a sudden everybody just says, and this may not be to her or to Mike, but it's throughout the county that we seem to be people are just putting in roads wherever they darn well want to without permits. And I'm getting a little bit concerned about that. So that's my question is all of a sudden is this going to be all of a sudden we get roads all over the place without any kind of permits or plans or any of those kinds of things because it's not good for the rest of the residents if you own private property. I thought you couldn't I thought you had to have a permit to a certain point to a certain point. It depends on how much material you move

or if you're on a if you're on the slopes and if you know kind of depends on where you're putting up. Yeah. But it's not much. I mean, everybody was like, "Well, I didn't move much material." But you've moved more than material by a mile. You've got you've moved that many. Yeah. We've we've seen it several times. So, No. And I think that's Oh, go ahead. So, I'm sorry. No, I just say I think that's where because I think one of the big ones we've seen was over there in Milton where he dug out the hillside and that causes a major problem. And so I I totally understand that the the issue is if he just starts cutting roads and building roads all over the place, where do we require or how do we on such an expanse,

how do we monitor that that he is cutting roads and but I mean if he's out there in the middle of his place, it's going to flood him. It's his problem. If it leads to human habitation where there's going to be a home or a shop or something up there, then yeah, you need to come in. You'll need to go through your geohhazard report. you'll need to show us that you're not cutting the toe of the slope, that there's no danger to the public health safety. But if if you're just putting in a trail on your property for your horses or for whatever, um, and there's no human habitation issues, then I don't think we can stop you from putting it in. The one on Milton that I know was because of a home down below the excavation. Mhm.

Yeah. And that's what I was saying. I mean that one there where he dug into the hillside and we got Portville there. I just got one more question and that is u who who is responsible for the liability of a crusher if if we issue a cup. Um is that just OSHA? Is that do we have to worry about anything with a crusher being on a property and somebody getting hurt? Uh that's not our liability. It's not. So that it would be Mshaw but it's private so they have no jurisdiction. My understanding of MCL no show no they they have jurisdiction if it's private property they went up Wilkinson's and but is that a commercial operation? No.

Uh that's to be determined. I know. Well, I'm just saying yeah that I mean

same thing it's the same thing as going on right here. I I will also point out that uh the state legislature changed the gravel and mining and natural resource laws with HB 355 and uh really kind of opened it up. So you we might want to talk about that because if somebody has a commercial and they've had commercial mining at that location, they technically can move to anywhere on their property without a conditional use permit or anything. There are notice requirements that have to be given for that. And if there is something that addresses health, safety, welfare, then there are some conditions that can be put on. But it's similar to if we can mitigate those conditions, we can't say no.

So there Yeah, there are recent that was just last year or this year that they made changes to to the code. That was part of our conversation. Yeah, I was can't even get back to you. No, that's good to hear. So my question you have under here is is a condition that they're you're going to have to issue a bond or they're going to establish reclamation. So does that mean in perpetuity or as long as the cup is there? I mean it's kind of vague because if it's going to be used for private use I don't like in perpetuity. Yeah. Well it doesn't say that. But I'm just wondering how long is it for?

Well, I don't know how long they're going to use the gravel pit. Okay. So, once gravel pit I mean he may he may continue to use it for the next 50 years maybe. So, do we hang on to that bond or how does that work? Well, the bonds need to be renewed. I don't think you can pull out a bond that'll be good for that long. So, okay.

Because I'm just I just would like to see it reclaimed if if they are finished with it. But if they're not reclaimed and they're still using it, I worry about are we going to have an unsightly thing that's completely in that area. It's Mike's area, but you know, I'm worried about is it going to be up there that's going to be unsightly for future generations or and you only go into it once every week and you don't use it much. And I'm just worried. Okay, so what's happening? This is a conditional use permit. So unless you can articulate a negative impact, it you can't deny a conditional use permit,

right? Per state statute. If you can articulate some negative impact that's going to be created by them excavating gravel on their private property to be used on their private property, then I don't think we're saying deny or approve. I think we're talking about a condition, right? That's right. But you have to articulate the reasonably anticipated detrimental effect.

And then the applicant can say if it can be mitigated, then this is how we'll mitigate it. But you have to articulate it first to say, okay, this is the detrimental the reasonably anticipated detrimental effect. And then the conditions go to how do we mitigate what I've articulated. So if if your articulated negative impact or detrimental effect is that it's going to leave a massive scar for future generations down the road. I mean you could make it so that they renew the bond every two years until they reveate. Um and the bond we hold or is that by a bond?

Well, we hold a copy of it. Um, but typically they'd go to a bond company and get the bond in the amount that we tell them. And I just thought that looked a little, you know, sure it's looks nice to be able to reclaim it and all that kind of stuff. But I'm looking out for them. You know, what happens? Do do we hang on to that bond forever? And is it in perpetuity? Is it 5 years, two years, 10 years? What? Oh, bonds have expiration dates. Typically, it's one or two years. And if they're going to use it for the next 15 years, then what happens? Do we have to thenain that bond? Then either delete the stipulation or make it so that they have to renew it every two years. I It's up to I don't know. That's why I'm asking you.

I'm saying it's whatever you want to do. So you were saying you're seeing up you saw it up to eight years that they were doing. But that at that point you're kind of they've been doing it long enough that now you just Well, no. What they would do is they would have a renewal after two years. Well, I meant you were saying after they renew it, they'll renew it for another five. So, at that point, it's been in operation for seven years. Then sometimes they would do eight or 10. So, by the time it's been renewed three or four times, they've been in operation for 15, 20 years. So, at that point, it just becomes they don't have to renew the conditional use permit anymore. Gotcha. So, at a certain at a certain point, they just won't have to do it anymore because it's been in existence long.

For so long. Yeah. I personally am not super worried about the reclamation of it. I mean, it's actually right along the driveway to to the home up there and next to another home and barn. I suspect that it's kind of leveling out that area. I suspect in the future he'll probably want to build a barn or something in that area. Um, and it's so far from the road from the from the public road anyway, it's really not super visible. So, I just just would like to

like the dust isn't going to bother any neighbors, I don't think, cuz they're the closest neighbors are they got to be 1500 feet or more away clear on the opposite side of the valley. Yeah. So, if anybody the dust is going to bug bug Mike because his house is there, but outside of that, I don't know. Yeah. I really don't see it as being a a major problem. So, well, you know that area better than any of us. Yeah. Okay. I think my and my biggest concern with it was just to make sure that we're that the taxes are paid, that it's not a green belt if it's as a as a gravel pit, that that's taken care of. And um yeah, that's that's my their construction drawings clearly define the acreage.

Yeah. So, that'd be easy for them to go in there and say, "This is where it's at." So, yeah, Janelle and I were just talking about that. I'm going to get her the acorage. Okay. I guess the question is do we want to put a time frame two years five years? I would say I'd say five years.

Sure. application CUP 25.09 009 to allow for the use of a private gravel pit at property located approximately at 3100 North Los Creek Road in unincorporated Warren County based on the findings with the conditions listed in the staff report dated November 18, 2025 with the addition of a renewal period of 5 years and did we want to remove the dust? We not concerned about the dust or legislate.

I'm not concerned about it, but it's up to you. And I would suggest the bond having a bond for that same period of time. Yeah. So the I think that's part So a renewal of a on a fiveyear a fiveyear time frame with a a bond at the same time. Yeah. Okay. Motion second by Commissioner Fo. All in favor? I I Any opposed? Motion is approved. Good job. Thank you. Thank you.

Okay. F3 void. Good evening, commissioners. Good lady, Kate, Garrett. How's everybody tonight? Doing well. So, since uh you guys tasked me with Swift Water, thought I'd just uh give a little report on where we've been, where we're going, and then it wouldn't be me if I didn't come and ask for funding. So, there's a little bit of that in there. um where we've been. So, uh this year we had uh a few uh rescues on the river. Some were technical, some were not so technical. Uh the good news is uh we've learned a lot and we continue to grow in our education and equipment. One thing is our deputy chief Sean Waller was able to get a grant for us for rope equipment. It's a $30,000 grant and it's going to buy us a lot of good stuff. So, not will this only help us in our swiftwater rescue, but it will also move us from low angle to high angle rescue. So, as our buildings continue to get higher and higher, uh, Wasatch Peaks is one of them. If you go there, there's people all over those buildings trying to build them and hanging off of them. and we've had a couple of rescues up there happen to take people off the buildings. Uh luckily uh they've been able to help us with our heavy equipment, but once that's all gone that we should be have our rope rescue gear in place and our high angle training. So, uh for next year we are well one thing I didn't want to mention this year we did

uh with the swiftwater team and I brought my crew with me. So, uh, Holly Acket is the Swiftwater captain and then Donna, your last name, I'll butcher it, is her co- captain. And then Brett's going to help us with the the road part of it. Then we have Eric here, obviously. So, uh, one thing I did task the water rescue team with is more education on the river. Um, so we provided them with the trailer and a tent and they were able to hand out a lot of brochures and uh with uh Don and and Holly, they have such good experience on that river. They know exactly what to tell people cuz they've already done they've already seen everything on that river. So, I think it really helped. Uh I know a lot of the people that came across these uh individuals really appreciated the knowledge cuz they had no idea that the river was so swift in places and it's really no it's not really a a casual floating river. It's it's river with rapids. So, um, that's kind of where we've been. And where we're going is next year, we're going to have more training for our firefighters. Um, because we've been able to get funding next year to have add on two more days for our paid part-time folks. So, they they'll be there more. That's going to cover our weekends. So, if we get a swiftwater event, we won't have to rely so much on all those volunteers, we'll rely on our firefighters. The equipment will be there and then Holly and Donna will still be on the team and they'll arrive with the

knowledge and then our firefighters will do the rescues. It'll be much more streamlined and a much uh better way to go as far as a a rescue lot quicker. So, um, that's where we're going to go. And then, uh, we do want to talk a little bit about safety and kind of how I think we could move along as far as the access points to that. And so, I brought my team along. And Holly, you want to start here? Donna, come on up here. Donna's done a lot of work on this stuff and she's very knowledgeable about that river.

Hi, everyone. Um, Holly. Uh, so I just basically wanted to cover the things that we're planning on doing next year. Uh, first off, I wanted to thank you for the budget you guys have given us for this last year. It was been very helpful. Um, we were able to accomplish a lot and with the increase that you guys were giving us next year, we're just planning on continuing that growth with um, all different aspects of what we're wanting to do with the Swiftwater team. Um, as we're under uh Chief, sorry I called him Chief Boyd, Chief Carrian. Uh, we've been encouraged, as he's mentioned, to be out there with the Swift or with the rapids, with the river, with the people going down it. Uh, next year we're going to be again, we're going to be showing our faces more out there. Um, lending our support. when we have been out there, Donna and I and a few of our teams, we have actually gone in the river to assist some tubers and other who have not been able to get themselves out safely. Um, so it has been very nice for us to be there and to be on top of it that way. We're also going to again show more presence and support and just continue to provide education. Um, as Chief Carrian talked about, there's a lot of people out there that just don't know what's going on and it causes, you know, most of the time we're pretty good with what goes on. It's fairly safe, but there's a lot of times it does cause some complications. Um, not just on the river, but off the river at the Tagger exit. Um, it creates a lot of congestion, which is not great if we need to get down there or the ambulance needs to get down from there to use that road. Um there's a lot of times there's just no way to get through. Um so with our presence down there, we've been able to also assist with that of making sure things are moving smoothly. Um getting people off the sides where they need to be and continuing that traffic flow. Uh we also have NorthSummit Chief Nelson

who's on board to help with uh this whole project. So his team will be at the putin of Tagerts um which is on their side of the river or on their side of the county and they'll be providing support and knowledge as well. And we're hoping with them helping and assisting us that that will just lessen any of the struggles that we'll have out in the river so we won't need to be called out as much that way. Uh Donna here has been very valuable with all of this and she's just going to show and present the phase one that we would like to present to you guys on what the next steps we would like to go forth with all of this. Um thank you everyone. Um just real quick um in case you don't have time to read, I just wanted to recap on what the county has done so far at Tagerts. Um, Tagert's River Access has been designated as a county asset. We've installed signs for rules and responsibilities and no parking signs that have been a big help. Um, the county currently puts uh restrooms and garbage cans out there every summer. And of course, the swiftwater rescue team uh being present at Tagerts this last summer. Um, we're also working in collaboration uh with the emergency services and with Weber River Partnership and with Destination Sports uh to create a Weber River ambassador program as an education and outreach kind of effort kind of to tagline it and and have a way to talk about it with people. Um, and by prioritizing the river, Morgan County is a Weber River ambassador. Um, and what we would like to ask the county commissioners to do tonight, we'd like you to vote to approve taking the next steps to improve the parking and

maintaining two-way traffic flow um at Tagerts so that we can move forward with otherwise enhancing the area's recreational value in a phased approach um with a focus on phase one um doing what we can now with what we have. Um, so phase one, um, it's already a designated loading zone between the road and the river at the boat ramps. Um, but still without clearly designated line painted and signed traffic flow patterns, many people don't understand how to effectively use the space without causing traffic jams. So to improve this, we would like to widen and pave out the roadway and parking area to to the maximum width possible, at least at the congestion area near the boat ramps. Um, and we'd like to paint crosswalks at the upstream and downstream boat ramps that can be used as kind of a a a visual marker for drivers exiting. And then um while we were out there watching the traffic flow that tries to happen, I've m drawn that out on the map there. Um, but we'd like to get to the point where we can once we've got that paved out where we could put some lines. that dark pink area, that's already how people are using it. And it works well if people aren't standing there with all their stuff blocking that space. And there's plenty of space for them to stand off to the side if it's clearly lined, marked, signed, and so they know what to do. Um, so I don't necessarily need to go over the details of of how to do that, but there's just kind of a visual idea um that I sketched up. Uh Brett put together a cost estimate. Um and he's got I should let you talk about this Brett, but he's kind got he's got it broken down into chunks. And the

first chunk is um overlaying the existing road um that hopefully we can make a little wider while it's getting overlaid. Um this isn't in the packet. Um oh, there it is. There we go. Okay. Sorry, he just sent it to me. Perfect. Um, so that first $114,000 is to overlay the existing road and hopefully make it a little wider while we're at it. Um, and he pointed out that he quoted this out 5 years ago and it was only 80 grand. So, let's like get it done before it goes up to 150 grand. Right. The longer we wait, the more expensive it gets. Um,

is there a reason why this wasn't brought before we did budget? Well, I understand we already set aside 100,000 in CAR's Act funding three years ago. Yeah. So, that's what would be used to do any of this is the CARES Act funding. It wouldn't come from any of our current you're shaking your head because that had to be spent by 1231 of this year. Yeah, but we already we already allocated it out according to the feds. It's already been spent. Correct. So, it's sitting in your general fund. Correct. But still earmarked on the FY2026 budget. Okay. That's why

you'd have to transfer it in, but I'm saying there's money that's earmarked. Okay. That's why it wasn't on the 26 budget because it would already be had to be spent prior to the 26 budget. So, it couldn't be included in the budget. Is that what you're saying? No, not really. But yeah, well, you're on that side. I know. It could still be included if we wanted to at that point. Yeah, you have actually a bunch of adjustments coming in. You could adjust it into the 26 budget if you Yeah, because it hasn't been approved yet. I

mean, in the in the past, we didn't do any of the CARES Act funding as part of the normal budget process. We we transferred it over as we needed to or as we decided to spend it. Sorry.

No, I mean I don't know anything about the budgeting, right? So, I mean, if we have the money available and we want to do this work, if if the if the commissioners agree and approve that we should move forward with this, then let's spend that money before we lose it and make take this step in in making this improvement. Um, couple of comments on that price tag. Um, and that doesn't include striping, but if we can get that first chunk of it done. Number one, Brett likes to, you know, hopefully bring projects in under budget. So, there's that. So, maybe we will be closer to the 100 grand, but we won't know till we get started. And number two, once the biggest chunk of that is started, we can look for other funding sources to finish up that step and then move on to working on finding funding sources for step two, including from grant funding sources and from Weber River Partnership and from private donations.

How far it says 48,500 ft. Brett, how far is that? Oh, it's the whole length. Oh, okay. So, okay. I'm just wondering as part of the of this whole project, are we going to try to improve upon the ramp area? Well, not yet. Not yet. That's in a future one. Yeah, that that's down in the next phase two. and and I believe I strongly believe that we'll be able to get grant funding money to do that kind of work. You are r you r

but the county needs to take some steps first starting with this roadway and two-way traffic flow and then and then that will show that the county is vested and interested and we've got skin in the game and then we can attract the other grandfuckers. Okay. So, we're going to

First thing we need to do is save the road, I think, and get and because you you can always add a shoulder, especially paving and um and adding width like that. But we first got to get the road. That's why we split it up like this. Spent quite a bit of time up there figuring this out. And um as far as the striping goes, we'd have to hire the striping part. But the crosswalk, you can see on put it back up those crosswalks. We can put those in ourselves just for the cost of paint. I build a jig and we do our own down to the schools down to Mount Green and those kind of places. You can't do the striping too, Brett. Just take your hand out the side of the truck with a roller.

I could that golf cart. You're nice and low to the ground. With my back with my bad leg, I So, are we going to widen? I mean, we've got it to where because I know Mike and I have talked about putting you got this storm drain or whatever the drainage over there, French drain. Yeah. Someday between like to do that between the fence so we can widen the area or at least have parking area there that is knowledgeable for parking and then have the road.

If you look at if you look at the price that has that in there and we can widen some. We got to be careful because that's that's drainage from the freeway. There's no drains in the freeway itself. All that water comes off off the freeway and down that cut ditch and down that drain. There's a big pipe that goes under the road down where you come off the off the off ramp and goes back to the

because I'm just I'm just looking at we need to have some more parking up there in that area because I mean nobody goes up to the far end to park if they're going to be on the river or picking up people. They're all down there conglomerated around where we've got the trash. The the uh oops spoop uh spots. Um whatever they're called portaotties portaotts think cuz there is one that's called the poop stop. Um this this phase one I will be able to widen it a little bit just like deep creek if anybody want

since we paved it. You can drive you can drive past each other and that's just from us utilizing the road and paving it. So we'll do something similar there. So, it will get a little bit wider, but it won't the next phase would be really widen what we can on there. And I' I've been approached more than once on widening as much as we can on that. So, basically, we're going to overlay basically the road and put a little bit extra on the side where we want to have the loading areas. Is that correct? Much as we can. Much we can for this for this price. Okay. So, that option A is really the the first phase, correct? space. Yeah. Yes.

The others are are for additional phases and widening and adding additional paved parking and such. I don't know that. I mean there that would be nice someday, but it's not urgent. The more urgent would be that that first one. I was going to say are we going to spend Not now. We're not $300,000 on We've only allocated 100. I thought it was 15. You've done a great job explaining each phase and helping at least me see the vision and um eventually hopefully we can get to phase three where it becomes a tag Tagert River Park. Right. Right.

And maybe somehow brings in some revenue to the county. It could be a nice area. I mean, if you've been up to Flaming Gorge and done their river and they've got a nice and it's bringing you through sales tax. We don't get any sales tax. We do too. If she goes and books them, we get sales tax.

For for the trips that we run from Tagert to Morgan, we do. And for the two for the rentals that we rent out of our store in Morgan, we do. Uh I don't know how the other businesses are set up, but my assumption is that at least two of the other businesses should be Morgan County sales taxable for everything they do. And they're not. Um, so, so what sales tax would you say you pay a year on this? Um, I don't have that number handy, but I know that it has increased this year significantly over last year and previous years. Um,

so you get TRT taxes, you get um the added visitors to go to Tagerts.

We do send a lot of people to Tagerts. We run a full day trip where we we we start in Heniper. So that rafting trip is actually not Morgan County sales taxable. That one's Summit County sales taxable. But we stop under the bridge at Tagerts. Guests get off. We drive them over to Tagert's Grill and they eat lunch at Tagert's Grill and then we take them the rest of the way down to Morgan after that on our full day trip. Um so that one I don't I can I can look into how many people we send there, but I don't know how much money they're spending at Tagert's Grill. They just pay Tagert's Grill restaurant while they're there on their own separately. But there is something I would like to point out. On one of the days that we were there, just one random sample Saturday, I click counted and it was verified with the um the other person that was there with me. 1,77 people at Tagerts River Access site between 11:00 a.m. and 400 p.m. And my guides told me that the following day, which was a Sunday, had a lot more people than that. And while we're there trying to do education and outreach and safety kind of stuff with folks, communicating with them, a lot of our time is spent doing traffic control. We can focus more on safety if the signs and the painted lines can do the traffic control. And I mean, that's a lot of people for one site in a short period of time. And maybe some of them are spending money in Morgan, maybe some of them aren't, but um the more we take these steps towards improving it, the more that that will increase.

Um Donna or Brett, the one of your phases and and forgive me for not knowing which it was, the loading the loading area where it's widened there. I'm assuming that the paving for that was not in that first section. Is that right, Brett? Save the road. But what I can do on that, I could shorten it up a little bit to the, you know, not quite go to the bridge and put them put a little more money on. That's what I was kind of wondering like if we could get that loading zone done and and and a little bit of money for striping and go as far as that $100,000 will get us. Let's make that nice through that first section.

Rotate it. Yeah. Through there. Yeah, that's one thing I can do is shorten the road up some and then put it there. And this price doesn't include striping, but I'm not sure how I'd price that out yet until further.

But the crosswalks, I could put those in just for the cost of the paint, guys. Would it make sense, Brett, to like use barriers or something to to separate that loading zone or would that just cause more of an issue? Be careful with barriers how you put them. I mean, I talk how you put them in traffic because they can be a hazard. You know, put a few more signs. just or maybe some of those what are those like candlestick type ones that I'm talking like the fiberglass ones that are small but we could put a few of those along there too. Yeah, there's some Yeah, I mean they probably will hit them with a snow plow.

If we striped it'll be a bunch, but I'm not sure. I I can come back with that price, you know, in the later spring when we get it done. And I did have a conversation with Parsons about uh timing on this. This this would be this has to be a pretty early project to get ahead of it and and they're they're mindful of that. So we could we could get it done. It'd be May if the weather was good. Weather would be dictating how much we could get done, but possibly we could get it done before Memorial Day if the weather cooperates, you know. So striping, I mean, I could have a price after we get it wide and I know how wide we can go and how far we're going to go. I can come up with that price after we get it paved probably or somewhere in there.

Your mouth to God's ears. I Hener, I'll take Heniper all day long. Yeah, we'll buy it like someone can buy us. I'll take it. So, the reason the reason he's saying that, just um if you're not aware, the sales tax is paid where the tour starts. And so, because most of these tours are starting just inside Summit County, like a few hundred feet into Summit County, they're paying the sales tax to Summit County. We've addressed that. We went up and sat down with them many years ago and talked to the Summit County Commission about that. Um, of course, to them, it's not a problem. To us it is

cuz the other thing that comes down from Summit County is all the trash and garbage and everything else and so and the drunks because by the time they hit Morgan County they've they've had a few more to drink. So we deal with the river problems. We deal with the river rescue. Summit County rarely does a rescue there because people aren't needing it that early. But and that is one thing that I've been working on is that point of sale because most of us that are in business, we do it from the point of where we sell it, not from where the tour begins. So I've been working with some legislators on that to get that change. That would actually Okay, that's a total sidebar, but that would actually really hurt us here in Morgan. Why?

Because a lot of our businesses are owned by entities outside of Morgan. But I can sell the product. Yeah. Outside of Morgan,

it's a two-edged sword. So, while we can't necessarily buy hennifer or receive sales tax for all those tours, um we can work with Summit County's Chief Nielsen and they're joining the team to be Weber River ambassadors and they've agreed to have a presence up in Heniper, which right, I mean, that's how we mitigate some of the problems is talking to people before they get on the river with all their trash and and talk to them to help them get set up before they start their trip. So, that's something that we can do now and that's free and that's I mean based on the years of conversations we've been having with them, they're willing to participate. So,

cool. Um I I would totally support we we've been talking about this for three years since we got the car's act funding and we haven't moved on it because it's There's been other things we've had to move on. So, I think we ought to move on this and start working. I would I would suggest doing what we talked about most recently, which would be try to try to get that loading area as as cleaned up and delineated and widened as we can. Can add the lane, add the paint, whatever we can do for that 100,000 that we have allocated. So, do you want me to bring a budget adjustment to next meeting?

I think we should. Yeah, I do too. I I'm kind of with Mike. I I think we if if that 100,000 is allocated in there, I think we focus in that that purple area. I think spend as everything we can there to make that the best we can and then kind of grow from that point. I think I think that seems like that's where the choke point is. That's where all the issues really lie. And if we spend that money there, start getting that cleaned up, hopefully that'll draw even more people. They'll come drink after they leave. So we don't have to deal with the problem.

Make it a good experience so we don't have a big traffic jam sitting right there and lots of problems. People can get in and out. If we have emergency services having to get in there is quick, easy, get people in and out. So I think we focus right in that spot. What fund am I putting this in? I agree with that. It's a great place to make improvements. My family uses it a lot and

it's very crowded. It deserves to be a familyfriendly facility and it's actually improved since co and the year after were the worst I've seen and it's improved since then on all fronts with the partying, the garbage, the lwdness. It's all slowly improving and the education and outreach and the presence especially now um is helping all of that. How often are you out there during the summer? Every day.

Uh, every day. Every day. Pretty much. Yeah. Um, I mean, Swiftwater Rescue Team was out for five days last summer and I was there for each of those days. Um, but my business runs every day in the summertime. And so I have employees. I have 30 Riverg Guide employees, 12 of which are Morgan County residents. And collectively we're there every day, all day. guide for you. What's his name? Tyler. Oh, yeah. Yeah. Excellent. Well, there's a couple. Yeah, we want him to come back. So, on his mission right now, next year he'll be back next year, right? Yeah. Yeah. Okay. We're waiting for him. So,

Oh, okay. Okay. So, I'm going to make a motion that that we approve a budget amendment and and the um work to be done at the Tagard area to improve the the loading area including paving and striping including paving and striping. Including whatever can be done up to 100,000. Okay. Up to $100,000 worth of work there. What fund? We almost ought to set up a a separate fund for this area if we're going to do special is going to love that. Sorry. Don't we have a special project fund? Um, could we set up

I just noticed you're here. Sorry. Could we set it up as a sub fund in parks? Yeah, you could do that. That would be fine. Into itself just like the other ones do. Okay. Yeah, let's do that. Okay. Don't listen to Yeah. Don't listen. What was that? Okay. That That was my motion. Sorry. I'll second it. Say you can. I'll I We second it. We all in favor? I Thank you all. Okay. Thanks.

I I do want to state a concern that has nothing to do with this. It has to do with the the CARES Act money. That money was designated to be spent by the end of this year. you have other departments that have not spent all their money and I don't want to start a precedence of oh well I had it earmarked three years ago and therefore I can come back and use it. So that's my concern with the doing the thanks budget just has nothing to do with this because I think it's a great project. Thank you Janelle. Can you give us a number on that on who's got money left? The money gets left. I can next meeting.

We'll put we'll put it more in. Are you doing BOE? KD is okay. Mr. Chair, I move that we adjourn as a county commission and convene as a Morgan County Board of Equalization. Second. by second by favor. I Good evening.

Good evening, commissioners. Um, we're just bringing to you this evening, sorry, the late appeals for BOE as well as the stipulated amounts that people have gone through and appealed this year. Um so far um we did have to apply for an extension with the state to extend to December 15th due to the volume increase in the board of equalization and that was approved by the state tax commission. So we'll be bringing um a different set. We did WPR separate. They were kind of the mass volume in that and we did them separate um to try to keep things cleaner. Um and that will be coming to you at a later date.

So just so we kind of understand what why we're both here. Um one thing that we have discussed is for checks and balances the auditor is actually supposed to be the facilitator of the board of equalization not the assessor. And so we wanted to make sure that the information through the board of equalization that it was touched by the auditor and not the assessor. So, we have had to change a couple things around just to make sure that we are in compliant with state code and that we're making sure that we're doing our uh practices correctly. So, that is why Katie is kind of facilitating that. And uh commissioners, I just really wanted to publicly thank um the efforts that the clerk auditor has put towards um the board of equalization as well as the assessor's office. Um we have had a lot of board of equalization that has been very challenging this year. Um as well as we have changed a lot of our procedures to make sure that we're being compliant. So that is why we are here together just to kind of give more information. Uh we have been teaching Katie all of our assessor code so she can be also making sure that in the tax role that it is uh valued correctly. Um so she has lost her voice and that is why I am talking. So we will kind of start going through uh which ones we had three late appeals in this section. Um we can kind of go over the first one. What is on there? The first one

mountain builder sorry mountain builder investments.

Okay so the mountain builder is um one that is a subdivision that was broken off for 2025. They also um put through on May 16th, they put through a green belt application which was missed by the assessor's office. So we are calling that an error and omissions. So it does need to be put back into green belt instead of having a lot value for each one of them. There are seven lots in this. It's a 14 acre. They are compliant to be able to go through green belt. They are adjacent to each other. Um and they will qualify for green belt. So that would just be opened as individual. If you would open that one for the board of equalization, then the assessor's office will make that change.

I have a question on that one. Yes. Is that the one across from by Richville Lane? It is. Okay. So, did we take into account the uh the road that they put in there?

So, they did the road. This is something that will need to be discussed. They did the road as after January 1st of 2025. So we are going to be rolling that back. The part that the road is made into those two parcels, we will be rolling that back for 2026. So we won't be doing it through the board of equalization. We'll be actually just doing a roll back in 2026 year for those um two parcels that are hit. So that is the first item and then you get to decide because you're the board of equalization whether you open it up or whether you deny that.

When you say open it up that's just to go back to you. Exactly. For the county to go back to me to be able to make that um error and omissions and claim that it was an error that needed to be fixed. Do you suggest we do each of these items separately? We have. Yes, we have to. Okay. So Mr. So if you do open it, it goes back to her and then it'll come back to the commission for final change and then we'll have the approval through the board of equalizations once the changes have been made. Okay. Mr. Chair, I move that we um open CR25-03 BOE. Late appeal request for Mountain Builder Investments.

Oh my Matt, your mic's not on. Have a motion by Commissioner Newton and a second by Commissioner Ferrell. All in favor? I. Any opposed? So that's going to be the same for the first three then. Hey, thank you. Yes, that so that is all. There's there's seven of them that have have for that. Okay. The next one. I'm scrolling. Yeah, you're good. Did I pass? I know we have lots of lots of paperwork. Mountain builder. Mountain builder. Mountain builder. Mountain builder. 97 Jameson. Here we go.

Sorry. Chad's

right. So this one is a late appeal. Um so basically what a late appeal means is it is past September 15th when we have our lean date to be able to do the board of equalization. um any taxpayer has the right to do a late appeal until March uh 31st of the next year um if they have a conditional space of where they need to be able to qualify for a late appeal. So with this they're actually asking for primary. they were put into non-primary and the assessor's um office did not receive a primary residential exemption um until we got it July 28th of 2025. And in that we have an email that stating that he understood that it would be for the 2026 year. Um he then has stated later that they did not go through the board of equalization but their extreme situation was that they had a baby on September 12th. Um is that the right one different?

This is this is Whiting Whitting. Oh, so this is basically saying that it was understood and then he came back and said that um he did not actually say that it was for um that he did not understand that it was not for the 2025 year. Um so the time has passed but if we need to open it up for the extreme situation which I don't know what that was. So, I have a question. When when they do that, they want to have it opened up because it's late. If we is there a cost to them to do this? No.

Okay. So, in other words, we're just basically when we do this, open it up to come to you. I mean, the whole county could do that. Well, there's no cost to BOE period, right? But I just wonder about this late. Why do we have to have a late just plain do? State statute. Statute. State code. Yeah. Yeah. But it is limited and I think that's what Katie is going to talk about. So there's um four reasonings in that paragraph where it starts the board of equalization. Um, let me grab

says the board of equalization will accept a late filed request for review of locally assessed real property if you can show that the county by its act or failure to act interfere with your right to notice and a hearing or that the county's records for the property contain a factual error or that a medical emergency, a death, or another extraordinary and anticipated circumstance occurred during the board of equalization period and prevented you and any co-owners from filing an appeal by the deadline which the deadline was September 15th. So, in our view and talking with the state on these late appeals and trying to kind of learn this um where my duties lie and things like that and talking with um Patrick Lama from the state is um they have to qualify under this these circumstances. Um ultimately,

what kind of period do they have? They have till March March 31st to late appeal. No, you said of where they want. So May September 15th, right? So May 22nd, the assessor places value to a home, right? So I have to have the assessment May 22nd. Then we have until basically the 1st of August, late July, 1st of August that the disclosures are sent. We then have 45 days or more, which we did this year. 45 days to appeal, which is September 15th. September 15th is the deadline to appeal any values or assessments that the board of equalization can open

unless there's an unless there's an anticipated circumstance. Correct. Correct. So I'm not I know this one isn't the baby, but I'm trying to figure out how a baby being born is a 45day period of your guess is Yeah, that's um just that's per state statute. Um, but so what what is the ex extraordinary circumstance? I couldn't find any extraordinary. I quite honestly there's really not it really doesn't qualify.

I have them all if you'd like me to go through it. So this is um rule 884-24p66 and it's the county board of equalization procedures and appeals pursuant to the statute itself. And so they have their own regulatory rules. And this is under well that the section I gave you. Are you reading what the Whiting stated? Just says county interference. Oh, county interference. I I don't know that there's county interference attached statement, but I couldn't see I didn't get an attached statement. Yeah, I I think that that was just the general

his emails were the attached statement um showing his communication with Holly Wild in the assessor's office and him stating that he understood it and then he came back in November and said that he didn't understand that and did that's what he he did not mean that by his email. That was all his and I have I do have that printed out if you guys would like to review that. Um that was his attachment. I guess my question is At some point we have to kind of rely upon you guys and your you know your expertise in is this legit not legit. So I

So one thing that we really try is I feel like we have a lot of opportunity to take care of situations. There are some that maybe are going to slip through. Um, but we have until September 15th of that year to make any changes. They can go online and look at their disclosures. They can go and see what their tax notices are as of putting in the assessment. And once we start having um our tax um the clerk auditor putting in our taxes, they can start making payments at any time as well. You're right. It is due November 30th, but I feel like that the county gives ample amount of time and opportunity to be able to make any adjustments that are are made. And you know, as the assessor's office, we very much try to wiggle room, if you may. We try to make sure that if there is ways that we can make it compliant or we can change things that we try to. So, I still don't understand what these they're asking for. Just

asking for primary. Oh, they're asking for you to change their non- primary status to primary. That's what he's asking, which we can't do unless the board of equalization opens up their appeal because they waited too long. Correct. Yep. And because I can't I can't touch the tax ro statute. Yeah.

And so he Go ahead. He says county interference. Did it contain a factual error? No, we had it se we got it July 28th. So we have already put through um our our assessment and the only way of changing that Okay. So, he had the form and everything. Okay.

And if you if you want, I can go over where we can open the board. Would that be helpful if I go through this rule or do you think you have enough information already? Yeah, go through it. So it talks about the property owner was incapable of filing an appeal as a result of a medical emergency to the property owner or an immediate family member of the property owner during or within a reasonable time before the appeal period and no co no co-owner of the property was capable of filing an appeal. And so I I guess time before the appeal period,

right? Then B says the property owner or an immediate family member of the property owner died during or within a reasonable time before the appeal period and no co-owner of the property was capable of filing an appeal. C. The county did not comp comply with the notification requirements of and then it cites the state statute 592 919.1 which is mailing out the notice. D. A factual error is discovered in the county records pertaining to the subject property or and then it says E. The property owner was unable to file an appeal within the appeal period because of extraordinary and unanticipated circumstances that occurred during or within a reasonable time before the appeal period and no co-owner of the property was capable of filing an appeal. When it continues on later, it says that if you do open the the BOE, the county board of equalization shall prepare its decision in writing stating the reasons and statutory basis for the decision. So, so it's not a how do I feel necessarily. We we would have to do something in writing and make those findings on the record citing back to the statute. So, I just wanted to throw that out. That's what gives us the consistency over time regardless of who the applicant is that's filing the late application.

Garrett, does it define factual error? It does. So earlier I was reading from um subsections 12 through 14, but subsection one it it defines factual error and then it also says factual error does not include and it it lists a bunch but it goes over two pages. primary is that it was a primary residence and not a secondary residence. B a factual error or a non.

So it could be a factual error. So that's uh B2C is the primary exemption. However, um thanks to Janet, she pulled up some of these state tax commission decisions and The Utah State Tax Commission decision April 15, 2024 for the tax year 2023. The commission first held that the primary residential exemption is applicationbased in County 1 pursuant to an ordinance allowed by the statute. It is the property owner's responsibility to file the exemption application and provide required documentation. And my understanding is that they did for the 2026 tax year, but the tax role had already closed for 2025. And so it's not automatic if the county has an applicationbased residential exemption. And in my discussions with Janelle, the county, we do have that. And so even if they qualify, if they haven't filled out the application, it's not automatic. They have to proactively get that submitted. And so, um,

are you aware of that? We also try as well for a courtesy to try and send out applications to each new development. If they have a new home or if they have a new deed that is transferred, we do try to send out a new application to them. And he got that. He just got it in he just signed it in July. So, it's after the May deadline where it establishes it, but he knew he should

and he did have the right to be able to put that application in, but with the disclosure, he could have seen that it was a non- primary and still could have appealed before September 15th.

So, in the tax commission's decision. It says it's the property owner's responsibility to file the exemption application and provide required documentation because the owners never filed the application. They did not qualify for the exemption for 2023. So, kind of similar in this case, they didn't file it before the deadline. They didn't appeal. So, but they've submitted it now, so it's good for the next year, just not for the year that they didn't do the application. it for 2026 year it has been changed but I mean that's one thing it's it's totally up to the the board of equalization to make that ruling. So then his taxes on this for this year is as a secondary home

which is pretty high. It's $8,000% a lot. It was a brand new house for 2025.

I don't know. I I feel like it's pretty cut and dried, though. If you had the notice and you didn't come in and file it, that's that's on you. I mean, I I understand, but if we did that for every person who just failed to fill out the paperwork, we'd be we'd be inundated with this kind of stuff. There's a certain point where you have to draw a line. To me, this one doesn't qualify under the criteria that that you read. Could he go back and define more what? So with the board of equalization

uh with the board of equalization for the county, they still have the ability to file to the state. Um and what we will do if it's po if it's opened, then we will look at it, but if it's not open and it stays closed, uh then we will send a letter out and then they have the ability to go through the state and then the county will recommend why we made the decision. I think we're let

that would be my recommendation because there isn't something and I know I'm not the assessor or anything but just reading the rules. If you leave it up to the state, they deal with a lot of these and if they miss or if we miss something then they can correct it on their end. If we were to open it up and fail to site a statutory basis for opening it up, then we're ignoring the statutes as well. And and that puts it back on us. I feel like we could we could site, right? And then we're not then we're not setting a precedent for stuff up that that doesn't qualify.

That's right. or if we open it up and and then it starts going through and you know how much work is going from the county side and from the applicant side thinking oh now I can now I can do this but if the state you know if there's an appeal to the state and the state makes the ultimate decision that's a lot of extra effort put in where the state makes the final decision if did someone read to us the attached statement section one there isn't one they was not one provided to me Well, that says Katie said it was the emails paper copies if you'd like them. Say anything that we should be aware of.

All the attached proof is just the emails um corresponding back and forth between him and the assessor's office. That's the only attached proof. But he's not saying there's an extraordinary circumstance in there. He just said he understood, but then he said, "Oh, no. I don't understand. understood it was for misunderstanding is how I Yes, correct. Yeah.

Okay. Mr. Chair, I'm going to move that we do not open CR25-04- POE. Second. Okay, I have a motion by Commissioner Newton, a second by Commissioner FRO. All in favor? Any opposed? Okay. Get that over there. Yeah. Yeah. Who is he talking? Double duty.

Double duty. Um, this one is from Chad Peterson. His reasoning for wanting to apply for this late appeal is due to um claiming that the disclosure notice from the clerk's office was not received due to return to sender. Um but in the state code there again it does say in the bottom portion it talks about the failure of the US postal service um to deliver that doesn't fall on the county. I'd have to

says failure of the US Postal Service to deliver a correctly addressed tax notice is not cause for the board of legalization to accept a late filed request for review of locally assessed real property. Nor does your absence from the state by itself constitute an extraordinary or unanticipated circumstance. So what is the situation on on this one as far as is this is this the same thing secondary?

So it is it is similar. Yep. It's going from secondary um that he wants primary status. It is saying that we do have a deed that went through January 23rd of 2025 that had his address on Highway 66 and then um in August 12th. So that would have been after he got the or disclosures were sent out, but August 12th is when he changed the address to his PO box. pick it up. So, the one thing that I guess needs to be noted as well is even on August 12th,

you know, we could have he still was in the right to be able to do an appeal until September 15th. So, do we know for sure if the if it ever did get to him? We don't know. There uh when we're talking to Lesie, she said there was no returned mail that she could find. Okay. Is there did Did he get his He did get his tax notice. So yes, he did get the tax notice, but that would have been sent. Do you know remember when they were sent? Mido October. So it was after the address and after he had changed the address.

And but did he get his preliminary one? the the whatever you call that, the notice. Yeah, the tax notice. The tax notice of what? That's what he's saying. That's what he's stating is he's saying that he didn't receive it, but we do not have um evidence of a returned mail for it.

See, that that was my understanding because I I've spoken to Chad a few times about it and he's like I guess he's missed quite a few not from the county but just mail in general. like it seems to be kind of a pattern around here. I mean, we couldn't get the post office to send out our county fair notices to Cudden. Um, you know, so how does that I mean where it says failure of the US Postal Service correctly addressed, but if I mean I I guess my issue with that just that thing there is where we have we have problems with our post office delivering pretty much everything around the county. And so, I mean, I've had to call my suppliers, well, you send me I need an email because I didn't get it because I don't know where it is. I get them every single month and all of a sudden I don't get one. And when you spend thousands of dollars a month, you're like, well, where'd my bill go? And then all of a sudden doesn't show up or packages. I mean, and then just talking to him like I kind of feel your pain because we have we have an ongoing problem with our post office. Um, so, um, but what how would that look if we do have an ongoing problem with our post office? If we open this and it goes to the state, are they just going to kick it right back out because

not necessarily.

I mean, I'm just curious because I'm like, are they going to look at that? Because I read that sentence, I'm like, well, that's pretty cut and dry. But I look at it as like we have a problem with our post office and the whole county knows about it. The one one thing I think where it maybe education is um to all patrons is that we do have a county website and please use it because we have there's any time that you would like to go look at your parcel, you can go look at that parcel and it will stay what the the latest tax notice is. Um so if we have any questions, that's one thing like we want to make sure that we're, you know, in compliance and that we're right. But by all means, if you have an issue, be feel free to look at the website, but also feel free if you need to call the assessor's office or the clerk auditor or the recorder. Every one of us will help you or even the treasurers. We we are here to help uh the patrons make sure that they have the right information. And if it's addressing, we'll get you to the right space. But I mean, if it's valuation on the board of equalization, then we'll want to make sure we go through the right process. Does he have proof it was returned to sender or is he just speculating?

He's just stating he did not receive it.

That one's hard because if we had proof I that's easy. I mean, we do know though that the post office is I mean, but it states right now have issues with it, right? Under 12C, it's it's that the county did not comply with the notification requirements. It's not the post office. There is

um Janet was able to pull another state tax commission decision that is pretty on point. And um it talks about how she submitted no evidence showing that the county mailed the notice to the wrong address or otherwise failed to comply with notice requirements and the final holding was the assertion from a property owner that they failed to receive evaluation notice on its own without establishing an address error on the part of the county has never been a basis to allow a late filed appeal. Okay.

So that that's how the state tax commission handles it. Once again, if it's, you know, if we can't find a way to in writing site some statutory basis for opening the BOE, they can still go to the state and plead their case there because maybe the state's like, we're wrong here. We need to overturn our president in cases where there's issues with post office or whatever their finding may be. But I I don't know that from the county's perspective that that I could articulate a way or help the commission articulate away knowing how the state tax commission has ruled. Okay.

But but you were also saying that not necessarily that the state would just kick it out because the post office. I mean that's but you're saying how do we articulate that? Well, no. I'm saying that I don't think that the county we don't have to articulate it. We don't have to articulate it. We just deny it. Let the state figure it out and the state may say, you know what. No, but if we were to approve it to approve the opening it, then we have to articulate exactly why. But according to this right here, the post office doesn't doesn't count. Doesn't doesn't count. It it's not one of the reasons.

I just want you to know the process. So, I send out disclosure notices mid July. If they do come back undeliverable from the post office, I give them to the recorder's office. They do research. They try to locate the person. They look to see if an address has been changed. They will give them back to me. If the if that's the case, and I will send it out to the new address. If it comes back and they say, "We can't find it." I still send it back out again just to maybe it'll get delivered this time. Um, and the other comment I wanted to make was I got an I disclosure returned to me yesterday from the post office. I sent those out mid July. So, they're still coming back to me.

Oh gosh. See, and that and that's my frustration. It's like he may never have gotten us. And I don't I I don't know. I I I like to give people the benefit of the doubt. I mean, we have a problem with our post office and I know the state says that it doesn't count, but our post office has a major issue and and we can't control the post office. There's nothing. So, if we open it, what is the process then? Do then who looks at the situation? Well, I have the opportunity to look at the situation and then you make a decision. I will make it the decision. you send it back to us and then you get to approve or deny.

Um I I think the only thing that needs to maybe be discussed on this is is we we have to have some sort of a time continuum. It can't just go forever. Um there is deadlines for a reason and we want to make sure that we're being as compliant to everyone um as we can. We want to make sure that we're being fair and equitable um to every patron that we have, to every taxpayer that we have, and there is a deadline for a reason. And just like there's a deadline to pay your taxes on November 30th. So, I mean, just kind of keep that in mind. And I agree that there are circumstances. We've we have also had a lot of problems with the um mail and the USPS with the Rome subdivision as you know. Um but I still see a lot of them going through and they're still paying their taxes as well. So I mean there's there's opposition in both in both circumstances. motion.

I don't think we have a leg to stand on. Yeah. I mean, I I would totally agree with opening it because of the issues with the postal office, but it sounds like the the statute doesn't allow you to do it based on the post office. Right. That's the I hate that, but I don't know. I don't know what else to do. Strict though. It just basically says it is not cause for the board of equalization. So, but but it basically comes down to and correct me if I'm wrong. If we do open it, it goes to you and then you come back to us and we can either approve or deny the change. Right. So, really, but then are we setting a precedence of all you have to do is say the post office didn't work. Exactly. You know,

that's why I think it's great to let the state decide. Well, I mean, people like you said need to be responsible. So they know these are coming out. They can do their research and call or figure it out. I said as of January 1st, you're more than welcome to call me and we can start working through the year. My son's getting to learn the lesson part. Same situation. Really? I he didn't he didn't realize till his his title company paid for you know the mortgage company pays for him and then he got the final one. He didn't get the and it's double the the tax value

basically double well I yeah I hate that the postal service is a is a potential problem here but I don't see any other solution. So, I'm going to make a motion that we do not open 25 CR25-05-BOE. Okay. I have a motion by Commissioner Newton. Second. Second by Commissioner Blocker. All in favor? I I Any opposed? Okay.

Okay. Thank you guys for going through that. And then what we're going to going do now is these this list that we have. Um this list is all of the changes that were made through the board of equalization. Um a lot of them because we've kind of talked about this. We have changed the way of like building new any new um developments that are going through as well as um if there is a deed that is transferred replacing things as non- primary so that then they make sure that they um sign their primary residential exemption because it's such an important document um to be able to put that. So there is a lot of changes that are as you can see like the PR um that is the change uh for a lot of them. If there is a value change it actually says where where the values were changed uh whether they were just on the home whether we got a appraisal um or whether we were able to stipulate as the assessor's office.

So PR means primary primary residential exemp exemption. There's 23 of those on here from my count. Um, and these are all people who did it in time and did it in time on the on before September 15th that they submitted their paperwork and said, "This is my primary. I'm living here 183 consecutive days." So, this one is a is approving the stipulations, correct?

So, this is approving all of the changes that we've made. It is basically 50% of where we are with the board of equalization right now. Um, as we talked about that the late right now that we do have a late appeal through the state to be able to extend because of the situation that we're in trying to make sure that the um hearing officer was able to hear the the information and that the assessor's office was able to get some information that we didn't have acquired previously before we made the assessment. Okay. So, you'll still come back with another list at some point. Yep. There will be another fun one. Yay. Okay,

Janelle, will you just take one of these names and just walk through it?

Sure. Which one would you like me to do? Okay. Well, we'll just pick cuz so Joel MacArthur, that's the brown, it's like kind of a brown or orange. What they did was that their home was non- primary. Um, so it went from the BS and the LS that you can see. Those are saying that they're secondary and then they're changing to BR which is um a primary residence. So that's residential and that's their the B is their building and the L is their land. And so the value did not change. Um it just basically changed the taxable value because we went from a non-primary status to a primary status. And that's where you see um the first column where it says market difference that it's zero. And then the taxable value which um would change to basically $41,000 and some extra. So that's giving them them that 45% exemption. Um, and then that's not changing the market value.

Okay. Thank you. Um, and then that's one thing because I know that Commissioner Facel was talking about towards the end at the total cuz we all love totals. Um, but with that total, that's why the market value changed the 2 million total and then the taxable changed basically to 10 million. And that's why because there was a lot of primary changes from secondary status to primary status. That that 2.7 million tells me that you're pretty pretty spot on with your assessments. I thank you. So, we really try hard

and that would number would be much larger if it wasn't. And I just one thing that I just really want to hone in on is my staff is amazing. Uh we really have worked so hard. Um and I know that our BOE is double of what it has been in previous spaces. Uh we had I know we were kind of talking about whether we should say it, but yeah, we we had 109 109 total appeals and we have 46 well technically 8,500 parcels that could have been appealed.

Wow. So we are growing in our appeal space because we are getting an entire space. Um and people do bring in their disclosures and which is helpful to us because those sales are invaluable to us being the state that is non um that is not disclosed. Any information that we can get as a good sale is helpful to us. Mr. Chair, I move that we approve CR25-06-BOE uh for the stipulations to date. Second. Motion by Commissioner N, a second by Commissioner FRO. All in favor? I

I. Any opposed? Mr. Chair, I move that we adjourn as a BOE and reconvene as a county commission. Second. I have a motion by Commissioner In, a second by Commissioner Fel. All in favor? Hi. May we take a quick break? Sure. Take a fivem minute recess. Thank you. And we will we're planning on December 2nd as the next BOE hearing. September. December. December.

Cool. Yes.

Uh, they just got it. BE training. Yep. They just got it from UAC. Um, Friday. Did you want a snack?

Okay, we'll resume our meeting. Do you want to take this one? Is your mic? Yes, it is. Now,

so we've we've been discussing generators both at the fairgrounds and just kind of in general around the county. And our first thought a while back was a portable generator that could be used at the fairgrounds or wherever it's needed. Then as we started talking with Dave and kind of what was needed fairgrounds, what we have here that's already available, um we had him kind of, you know, by the time you if we have a problem at the fairgrounds, you go get a generator, bring it down, hook it up, get all running. By then you're whatever you're doing is over and you've already got people out of the property. So our thought was originally looking at the generator of the fire station, moving it over to Brett and putting a bigger one here that could run both the library and this building. Well, come to find out the one here at the fire station is singlephase and everything else is three-phase. So that generator doesn't help us because it's too small to run everything we have here and at the library and the fire station. But Brett's building is three-phase. that generator is no good to move somewhere else. So we asked them, okay, what would the cost be to increase the size of the generator here to function for the library, the fire station, and the county building, and one over at at Brett's facility with the thought of if we do one at the fairgrounds, we could very easily just use a very small generator in place that would basically run um lights, get people out of the fairgrounds, or if we want to continue, if It's a small little thing. Um, we could continue to run the uh activity. And so this is where he came in with was re uh either replacing the one here at the fair at the uh fire station, increasing it one at Brett's um or leave

the one currently here, install a new one at the library and a new one at Brett's. So every year, you know, we've had Brett come in numerous times asking for generators, so we kind of know where that was going to lie. Um, so he he brought us some some numbers to kind of see where we're at. So that's what brought us to this point. Some pricey little things.

They are I priced one to do the job for Peterson pipeline and about fell over when I looked at just what the price of the generator, what they've gone to. They've they've gotten expensive, especially when you start talking cold weather, high um elevation, and uh if they're three-phase, the price just skyrockets. I mean, you can see this one here that Kate has up, 130,000 watt uh natural gas to the library, automatic transfer switch, um moving the CTS from inside to outside. There is no disconnect for the power to the library. You have to go inside the library. So basically um when you deal I wish Boyd were here. Oh here you can answer this. My understanding from as as an electrician is basically if that building were to catch fire they're not touching it till the power company kills the power. They'll kind of keep it from spreading around but they are not because there's live power in that building. They're not going to dump it with water. And so am I correct on that? So basically moving everything outside to a disconnect and when you start talking 800 amps it gets expensive. I mean that's just a that's a big service. Um one of our things and and Mike can kind of fill in on anything I forget is looking at the library kind of the importance of that structure is it becomes kind of a place where we can house people we can take care of people in a disaster has functioning kitchens you know has space where we can actually take care of people in in an emergency. So that was kind of one of our thoughts of how do we get that thing powered up because right now we can't power it up. The the conduits are there from the fire station but then again three-phase singlephase they don't really jive. So we have kind of a problem there. So,

can we go and take the um singlephase one that we have here and put for the fairgrounds since we It's way too It's way too big

and it's and it's diesel. Um the problem you have with a diesel generator is you get what's called wet stacking is if it just sits there at a low idle all the time, it doesn't completely burn the fuel and cause a lot of problems with the generator. So, it needs to get up and run like kind of full power. they want it running where these natural gas ones you know they can they don't have that problem. So this is a diesel generator here so they have to we have maintenance with that they have to you know stabilize the fuel they got to take care of it and it has a possibility of running out is one of the downsides of that generator. One benefit if we were to this this proposal here is leaving that generator in place is is not touching that one. Um one thing we could do is possibly sell that one. That was one thing that that uh Dave did to bring up. We could sell that one, put a bigger one there and feed over to their library, kind of do all three. Um so there is some

right now the one at the fire station does feed some critical things in this building as well like our our server and and a few other critical pieces of equipment over here. So, um, that's another thought if we did put a larger one there that could actually power all three buildings rather than just the one. And so, is this proposal here? One of them that could do that. Yeah, the one here library, the 130. No, that's just the library. Yeah, you'd be quite a bit more money if you if you replace it with one big enough to do all of them.

Yeah. And that one's just on on the road shop. In terms of priority, I don't know that I mean, we've talked about it for the fairgrounds. I don't know that that's a priority because I don't see that as a um if you did have an emergency, it'd be nice to have some some, you know, lighting for people to get out, but we don't use that facility near as frequently. The chance of a power outage is a lot less there. really probably more priority is that when when the power's down for our road shop, those doors are super heavy. They're like 12 by 12 doors. And so they have a big steel pole and it takes like three or four guys to grab that pole and push the door up cuz there's not a there's not another way to get it up when the when the power's out. So that can be an issue if we have snow plows in there and we need to get them out. We can't get them out very easily. And to go with the road show, the other issue we have is those trucks are all plugged in in the winter and you go in there and it's power's been out all night. The trucks are cold. It's hard on them to start them. Things like that. So,

or they may not start. They may if they're old, they may not start. There's an old 73D. So, they're not going to start. So, the one that we have here currently is not adequate. Or is it adequate for the fire station? It's adequate for the fire station. For what we're doing right now for what we're doing right now. it just won't power anything in addition to that. And I don't know that any of this is urgent urgent. Um it's just we talked about it and said, "Okay, let's talk about what our options are and what it cost." I don't see the option. One of the options we asked for was to have a pad and a connect put on every Oh, and a connect building and buy one generator. We didn't get one for all of that. No,

we can get We can get It was an option he put on there. option two, but no no price for us. Get us the pricing on it and we can ask him for that. One of the we definitely decided that probably for something like the fairgrounds that's not a great alternative because by the time you get these generators you don't just plug in as easy as plugging them in. I mean it's a it's not a real Honda generator.

Yeah. It's a multi-step process to disconnect it from the from the facility. So if you had say a power outage at the fairgrounds and you were going to go get a portable generator from say the road shop, it'll probably take you an hour, hour and a half to get it disconnected, moved over and reconnected and by then your emergency is over at the fairgrounds cuz you got people evacuated, right? So for that particular facility, that's probably not a good alternative. But for emergencies, like for, you know, if we wanted to use it at the library cuz we needed to have a kitchen and we needed to house people or whatever in an emergency, that could be a good a good system. And most of the time maybe it lives at at the road shop so that they can get doors open and stuff like that. But if you had an emergency and needed to move it, you could. So that is still an alternative or a thought. Um,

we could ask him and we could ask him to get a quote for that. I don't think we were necessarily thinking that there would be any action on this. Just kind of to bring it up. This is what we're looking at. What are our priorities? This commission is the Do we want to do something where all three buildings come up to speed or do our schools have the backup generators?

I I don't think they all do. Do or not. That's a good question. I don't think they do to my knowledge, but that's something we probably ought to do as part of our Hey Erica, do you happen to know the schools have backup generators? I didn't think so. That would be something we would keep as part of our our emergency management assessment to know. So,

can you talk in the mic? Well, and if they did, they probably wouldn't be large enough to power the whole facility.

Yeah. Typically on your whether it's even a hospital, it's only the the life safety, you know, people on heart lung machines and because I've done generators for the um university hospital. Yeah. They it's very specific what is run on those like just like your home you know you put it very few people have a home generator that's going to run everything as life goes on as normal it's you know fridges and freezers and what's that my neighbor does yeah you know and again it depends on what you do so correct me if I'm wrong these two proposals would allow both of these buildings to to run at full right both the road shop and the library

correct Yes. Yeah. They would they would run basically business as usual. Yeah.

I mean, my kind of thought is just from an electrician standpoint is if we're going to do something here, we ought to look at all three buildings. Like, is there something we can do with one units? Because when you've got a diesel unit out there, I mean, just the maintenance on that. I know that Brett's talked about coming over and filling with fuel and topping it off and treating the fuel where if it's natural gas, it fires up, you know, once a month, every two weeks, it runs through its cycle. It tells you that it's running good, batteries are good, then it shuts down. Um, to look at something that would take care of all three buildings. Yes, it's bigger and it's more money, but it's one unit to maintain. You know, it's all inclusive versus multiple units, which just becomes more and more expensive to to take care of. So, that's kind of my thought going forward versus a generator on each structure. Maybe look at, you know, and again, I don't think this is something like I don't think neither Mike or I thought tonight we need to decide, but like let's get some ideas. Let's kind of because if this building's going to get bigger, because that's another thing we're going to talk about tonight is eventually a bigger building, do we kind of look that direction at some point? How do we keep the critical things in this building functioning as we move forward? So in that can we could chair skip to number nine

and come back to the other ones. Sure. Okay Leslie no. There it is. There it is. Okay. I don't know if Leslie wants to give the explanation of why we completely disregarded our work session or explained us. What would you what do you want to do?

So, essentially we had another meeting and it was called by um Janelle, Sean, and Lesie or not. I thought you were there. Janelle wasn't cracking out. Okay. Sorry. Sorry, Janelle. You're not part of the cool kids. Um, oh, okay. Sorry. Um, no, this is not in the packet cuz I haven't seen

Yeah, we just got this yesterday. So, this is not for decision. Um, on the actual This is more when we talked about the work sess at the work session, we were going to remodel the

Yeah. So now that it got brought up and I'm probably messing this all up because I'm tired. Um that it wouldn't get us in compliance for Leslie's office and um Cooan's office until the very very end like the project was completely finished. So then I went back to us building onto the back of the building. So, the reason that the price is so high, um, and I know you haven't had any time to discern this, is essentially we'd be building on from the edge of Leslie's office all the way down the existing building, but we would only be improving Leslie's office, but we would have the shell unfinished of the the other portion of the building. It would be built in a way that if we tore down this building, we could still retain that building. It's not like we'd lose it. Um, but it would get us in compliance with uh the state for Leslie's office. Um, what am I missing? So, oh, and then the price tag. He said, "Well, what's where do you estimate as something as like a budget?" And I said, I could reasonably, if we scraped together all of our pots and didn't have to dip into much of the um general fund, we could have a budget of 650. And he was like, that's going to be really hard to do without. And so that's why we have this last section unfinished but framed. So Lane was in that meeting. and build the whole length of the building out to the sidewalk

from Leslie's office. Yes. Well, no, he was going to put the whole shell in. Correct. But we're only going to do Leslie's office at this point. No, but you said the whole length of the building, which that's No, I'm He's putting in the whole At least that's what he told us is he was going to put all the way from the stairway down the show to Leslie's. Yes. No offices will be there. Correct. I'm just saying he's not going all the way to the full length of the building because he can't do in front of the recorders because that's where our transfer station but it's something feet long is what it said, right? Yeah. 31 to 108 ft. So we're adding 3,000 square feet roughly.

100 ft by 30. Yeah, pretty basic math on that Yeah, that is. What are your thoughts? I like the idea of if we're going to add something that it can be retained if we tear this down because that's been one of my big concerns is I hate to spend a lot of money on this building that we know at some point needs to be replaced and we're locked into building something around what we have. But yeah, you're right on that, too. Then you're kind of like, uh, And I would say his his price is actually below the cheapest residential building you can build right now. It's $194 a foot.

Yeah. A couple hundred square feet. So I mean when when you look at the price tag I mean it's a lot of money but it is I just looked at a lot of it's not finished. It's 3348 square. No, it's not finished, but when you look at what we're having to do in there with the bullet resistant glass and all the stuff we have to do to bring her into compliance, that's pretty inexpensive because the rest of it doesn't have to be as we go forward. I don't think we have to bring it up to that. We can just make offices in there or whatever. Yeah. So the other thing is is part of this would be taken care of by a grant from No, the state will the state last time I talked to them which has been a while um they they told me they would pay onethird of the project of for my office. For your office? Yeah.

Which is going to be a major part of it? Yes. We figured about $639,000 would make her office. I don't think they're going to fudge those. So, what's the price without doing that ex addition? Oh, it's going to be about the same. Well, my original one of my previous drawings, it was 500 something,000. 500 something thousand just to come out. So, it's like 150,000 more to add that which to me is kind of a no-brainer for that extra space.

Yeah. So we we also do have the option and I understand this is a bit of a hailmary that the courts want a different court building as well to see if they want to pay for renovation there say 46 of them and that can be their new court space. Yeah, that's function.

But their their price per square foot is going to be really a lot more than that. Like 639. Like it's probably going to cost the whole Yeah. I'm just getting concerned. Time is definitely of the essence. We have a general election next year. I have to per I have to have an election in June and I do not want to be under construction for that. That will be an absolute nightmare. Did he give any indication on how much time he felt like this would take? He said we've got to get started like yesterday. So we could get He thought we could possibly get some footings in. Yeah. Like they want to get started snowflies as soon as possible.

Well, either way, we've got to put it out to bid, right? Right. If we decide to go this route, we put it out to bid and get some proposals. Right. He's also suggesting that we do gonna do that with another you know how this goes every time as a design build or as a it's a design build. That's what So then you're going to get three design build all going to come back with different designs even though you've got a footprint there. Then we're comparing split unit systems. I mean alternatively you you take this to the to wasach civil and have them draw it up and

but then and specify every item but it's more I mean it's more money but but they could specify every single item and then you can send it out that way. That's where I need your help because that stuff over my head. So we already from what Kate was saying we've already paid Adams for this. Yeah, we've paid for his time because this is this is version like 72. We can use the plan and just watch. We'll do the engineers estimate. But but your question is it's the finish the finish specifications. Yeah. What size of what is

I guess we could take their their specified bid. Even though people don't like you doing that, you know, but he knew that when we he knew that we were he's a thousand% aware. I've been very upfront about the fact that no matter what you design, even God forbid. Okay. Well, then we need what we need to do then is get his specifications for all his finishes. and and put it as as that's the standard right there and then we can get three bids on that. Obviously without pricing without his pricing I just just

we'll redact everything. So do you need a we want to make an official motion on this? We probably should. Um, Mr. Chair, I move that we approve the initial design and plan for the clerk's office and and building addition and put this out for bid. I'll second it. Okay, we got a motion by Commissioner Newton, a second by Commissioner Blocker. All in favor? I. Okay. Any opposed?

Thank you. I really appreciate it. I got in a lot of trouble for putting her so far at the end, but I did not think she would be here. So, thank you chair for saving me. Um, so then F6. Um, so on the fire ch um the deputy fire chief right now has a salary of 44,64. our fire marshal because these are both paid part-time positions have a salary of 46,000 together combined they're about 6889.90 for the benefits. If we were to post that as a joint position, a deputy fire chief fire marshal, um it would increase the what we would need from fund balance of 22,57411 because it actually drops the we'd take 17,64 that we'd save in the actual salary and we'd apply that to the benefits cost. So

why are the benefits so high? I don't know. Well, it's 60%. Normally it's 45, but with retirements, it just is. Their retirement's going to be higher because it's a Oh, the fire. It's the fire. It's kind of like the police. The retirement is a shorter term. It's a Yeah, it's a shorter term. It's 20 year versus 30 year. Didn't they bump the new fire? Well, and and keep in mind their benefits could change if if you hire somebody that either doesn't take the insurance or takes it for an individual instead of a family because so this is the highest this is calculated as highest case scenario. Yeah. Or sorry that's a really bad way to say it. Highest case scenario.

We don't want someone to family. Oh, equal opportunity employer. Good grief. Um, so just before we get it posted, I just wanted to give the option. We can try to fill for two paid part times or we can go for the merch position. Can we legally have somebody that is a fire marshal and the deputy fire chief? I mean, can they have a combined role? Okay. So, Jwab County, I think a lot of other places do it that way. Yeah. I mean, the main thing we're doing is we're basically making part-time into full-time and paying benefits. Yeah. Taking two part-time into one full-time.

We're losing.

I'm sorry. What I say we're losing one of those two right now, right? We're losing two because Yeah. Sean said he was only giving us a year. He told us that last year. Oh, okay. Yeah. and he's pretty much already checked out. So, you can because he's not punching hours.

I do think that you'll probably have more opportunity to hire one full-time person than two part-time for this type of a job in our county, especially in our county. Yeah. So, um, plus I I don't think it's a bad thing to have another full-time individual. Right now, we really only have two and that's not even that really, right? I mean, well, it's Well, because one's paid by the state, if that's your Yeah. So, it's really one that we employ. Correct.

I mean, I can agree with you. My biggest problem is is it just seems like we're making everybody full-time all that extra. We have moved some some positions from part to full-time. Yeah. Mhm.

I think the ROI though on on some of these positions and moving them from part to full-time is is worth it, you know, and being able to retain people. I mean, our our fire marshal has been with us forever. That's why, you know, I think we have a part-time fire marshal, but it's pretty rare to have a part-time fire marshal in other jurisdictions. So, my question is, is that proposed salary even going to come close to what we Yeah, that is commisserate of Yeah, he did his research. That's my

Okay. Any other questions? I'm going to make a motion on it if that's okay. Yep. Um, I move that we approve the budget change form to combine the fire marshal and fire deputy chief position from two part-time to one full-time position and update the um budget by 22,57411. Um, oh and then sorry. Yeah. So it's an increase from fund balance to the employee benefits and then the rest of the employee benefits are coming out of the

Oh, gotcha. Okay. So it's increasing by the by the 22,000 and then transferring 17,000 from permanent employees to employee benefits. Correct. Okay. I'll second. Okay. Have a motion by Commissioner Newton and a second by Commissioner Nickerson. All in favor? I.

Any opposed? Do you want to speak? Oh, I guess it's one more. Um, so the commission, Sean Rose, our recorder, brought forth in budget hearings for $10,000 for FY2026 for a scanning project and the commission decided to fund it this year, but he said there's no way he can get it prepped to get done by this year. So, he's that money will roll back into fund balance. So, he's asking us to budget for it for FY26. Makes sense. Okay, Mr. Mr. Chair, I move that we approve the budget adjustment form for $10,000 to move from the fund balance into 10-4144-260. Second.

Have a motion by Commissioner Newton, a second by Commissioner Blocker. All in favor? I. Any opposed?

Okay, I'm going to have Erica speak to this one because this is her pet project, which I love. Um, first off, thank you for approving the full-time position. It's a lot easier to hold a full-time position here than to have part-time because then they have full-time elsewhere and their focus is usually with their full-time job and we kind of get the shaft. So, to kind of get the coverage that we need and the leadership that we need over at the station, we need that full-time position. So, thank you. Um, this um, courageous conversations class is kind of something I've been thinking about for a while. we just put into place or are going to be putting into place um captains at the fire station. Um basically shift supervisors, right? That can kind of um be that kind of go-between between um just our basic firefighters and then us administrators up at the top. Um with that, just looking at how people interact with each other um in general as like managers down to like people down below, I feel like we could use um a little bit of training. I've taken classes um at hospitals, various places I've been that are very similar to this. And they basically just kind of go through and they teach you um how to have those critical conversations with people, how to treat all of your employees equally, whether or not you're friends or you like them or those kind of things and how to have like not just shy away from conflict, but to engage it in a meaningful and helpful way. um to kind of affect change and just kind of make sure that um that we kind of get engagement from our employees underneath us and they they don't leave conversations feeling like I did a bad job and I don't like him, right? Or her or however that goes. Um so I kind of did a little bit of research um talked to several companies and this company that I found um COE does an eight-day course. It's their shortest course. They do two, three, five day courses. Um, but they come in, they can do up to 30 people. Um, and they have facilitators. Um, they're they're giving us a little bit of a discount because we are a a kind of like a government entity and

they are giving us the books for free, which is great. Um, but they come in, do a little bit of training, and then they kind of have just facilitated conversations between people. Um, and you kind of just go through and um, practice, right? they'll give you like a situation, a sort of conflict and then have you mitigate that and kind of give our managers the tools to um to have those convers conversations effectively. So my my thought for this was yes, it would be great for my captains and for the other admin at the station, but it would be I think beneficial for all of the department heads here in the county and anyone else that may want to do it. They'll hold up to 30 stu like 30 people. um for that day. Um and I just I think that it would be

You said that day you said. Yeah. So it's gonna be an eight hour day. So sorry, an eight hour day. So it's a one day they do a one day, three day, five day class. This is a one day eight hour class. Sorry for the confusion. And it's here or it'll be here. Okay. Yeah. So why are we choosing them over a $1,400? Why are we wanting to pay $7,000 or whatever for I think you Oh, so it's 14,000 was the other. It might have been. Right. You put I think the confusion $50,250 for an 8 hour session. I think she's missing a zero. That's for Yeah. 12,500 was from the U and 14,000 was from crucial learning. Oh, okay. Sorry, that was just a I thought about that too and I forgot to ask you.

And that's for up to 30 people. That's up to 30 people. Most of the other um places that we that do classes like this, they kind of cap it at 20. They said they bring in the extra instructors for us. so that we could do up to 30. I don't know that we'll have that many. We'll have eight for sure from the station. Um and then whoever we can get from This is actually a really good price. I just finished a negotiations through Harvard and it's Yeah. very pricey. Mhm. Yes. I just did that last week and it was fabulous. And I think this is valuable for all county employees and elected officials and

Yeah. So, whoever we can put in there, I would like to stack it in. I said they normally do about 20 people and they said they bring in extra facilitators to allow up to that 30 for us. And I think who if we can fill that 30, I think that's great for anyone that Yeah, I I will. I mean, I I think if that I I don't think it becomes Well, if you'd like to I think Yeah. department should be there like this is the core of that that's our leadership. And even I mean even electeds should be like we can't tell them they have to go but that'd be a strong recommendation. I could be I think they'd be I think they'd be interested and going.

Yeah. I said I've taken several classes like this in the past just working leadership at the on the hospital level and it was immensely beneficial like just hugely beneficial. And I think just in the last two years just seeing how things come to a boiling point and then you're next thing you know you're across the table from Garrett. Um like four of those conversations and his billable hours makes up for this%. So that is the request on the table is to add this to the 2026 budget. And so I put it under my budget um as another way of kind of forcing my department heads to go under professional and technical.

So you're you're asking for 7500, correct? That's what it that's what the cost is. So we're 12,500 if so 12. So I made her get three bids or three quotes. They're not bids, they're quotes. Yes. So, U ofU is 12,500. The crucial something something was 14,000. This one was 7,500. Oh, sorry. Click happy. They have really great reviews online as well. and he did give us quite a discount just because with the fire department and the county government local um the company itself the the um whoever it is I his name is Brad that I've been talking to at COM

she wanted to know oh sorry are they local they're from Salt Lake Oh they are local yeah so we're not paying for travel normally they go they go um internationally um so we're not paying for travel we're not paying for anything like that he said he would just he'd pay for his guys food and for their gas and so he's not even charging for that. I thought I saw in there that we had to pay for that in additional anything above 30. No, it is listed for that. No, there was a place that said that we had to pay for travel and

yeah, it's on under pricing structure the cost of travel for the session facilitator shipping expenses of any additional third party tools or resources. So I can I can have him print that send that back out. Well, I thought they were saying if they're visible, then they're not charging us for travel because they're coming up from Salt Lake. It' just be nice to see that. I'd imagine they'd send us a contract anyway. Yes. So, Oh, okay. You're talking about right here. Yeah, right down at the bottom. Okay. Yeah, I can have that have add that if there's a contract meeting.

Well, there there would be a contract. So this wouldn't be done until next year. January 27th. January 27th is the date we're looking at where they have availability. They had a few dates left in January and then they're booked out through a lot of the spring. That coincides with the captains were wanting to put in place. It takes into account their shifts at their full-time jobs so that they're available that day and it'll be mandatory for them as well. So we'll have to do a budget adjustment for this. Yes. into the current budget 26 I meant the current 26 budget that we haven't approved yet completely yet correct the draft budget the last

budget the last two have been so this whole section is 2026 budgets okay I'll look for a motion okay I move that we approve uh the funding of the critical conversations class of 7500 $100 to be moved from the fund balance to professional and tech balance 10-4640-310-0000.

I'll second the motion. We have a motion by Commissioner Blockner, a second by Commissioner Newton. All in favor? I. Any opposed? Erica. Um, can we kind of get an idea of how many folks we have that can attend to that? Well, I was also thinking if we'd open up Sorry, we'd open it to our people first and then if the city wanted to participate or the school district if we had open seats, we could bill them for their seats. It's like $200 a seat, right? It said 325 for additional 30.

So, thousand bucks. with a chicken sandwich. 34 of them. Oh, there's a typo. Um, this next one is a um the airport advisory board met um and met the candidates that had already put their names in for the open board seat um and requested that I put before the commission um an appointment of Chris Ta for the open board seat with an expiring term of April 15, 2029. Okay. Any discussion on Chris? He's a great choice.

I do have one correction to the agenda. I typed in 58. It's actually resolution 54 cuz I thought that I had already I forgot that I had already written this once and then they weren't ready to appoint. 25-54. Yes. Okay. Mr. Chair, I move that we approve resolution CR25-54 appointing Chris Ta to the open non-user seat of the Morgan County Airport Advisory Board per recommendation at its November 13 meeting. I'll second a motion by Commissioner Nickerson and a second by Commissioner Blocker. All in favor? I me posted.

Okay. Um, this next one is pretty simple as well. Where's my resolution? Okay, so this is just that admin fee um that got added on top of the payoff for the enterprise fleet lease. So this is my budget adjustment for that additional 1,75420 to pay off that fleets fleet lease that you approved last commission meeting or two commission meetings ago. Great. And and you said this is the last vehicle. That's our last lease. Well, enterprise fleet lease. I we still lease. We paid off the ambulance last year.

We still have a couple of dump trucks dump truck and we Well, it's not a lease, but we have a quite a hefty payment on the fire truck. But yeah. Okay. I'll look for a motion on number eight. Mr. Chair, I move that we approve the 2025 budget change um of $1,754.20 20 cents moving from the services not otherwise classified to 10-4520-260-200 for the additional amount to pay off the enterprise fleet lease vehicle. Second motion by Commissioner Newton, second by Commissioner Nickerson. All in favor? I. Any opposed?

Okay, so we're jumping to F10 now because we've already done F9. Um Oh, well, I thought so. But where did my stuff go? I got an order. Oh my goodness. Um, as you know, Erica is now our emergency management director. Previously, we had Austin Turner. He was on the sheriff's URS. Um, we have to have a resolution in order for Erica to stay on her um on the firefighter URS. They require a resolution for us to do that. So, will this be resolution 2555?

It is. No, it's still 2559. Mr. Chair, I move that we approve resolution CR25-59. Second. Have a motion by Commissioner Newton and a second by Commissioner Blocker. All in favor? I. Are there any opposed? So,

um, okay. So, then, um, I sent forwarded you guys this email. The conversation started. Thanks, Erica. Drive safe. Um the conversation started with um a COG meeting, not this last COG, but the one before about um them asking about a study with UD do a crosswalk both um on state and young and state and 200 um for all the issues we all know of the kids crossing the street to come to library and 4 and stuff. Um, in that conversation, Carrie responded back that because of several comments um about the need for a signal at the intersection of Trappers Lubenol Highway, they performed a study and have decided to install a signal at that intersection. And this is our the county is opportunity to submit concern of that project should you have any.

I don't have any. I think it'll be I think it'll be a great relief to the people over there when boats and everything else are trying to turn up that road, people trying to get anywhere. Yeah, it's a safety skiing. I think that would make I hate to say that we have Mountain Green res. So, it sounds like I'm good to tell them that commission supports it. Yes. Okay.

Um they are going to do a study here. they said is unlikely that they will do two push button crosswalks within a block of each other. Um so the more they will more likely either like split it and do it at the fire station or they will do it at um Young and State because that's where our crosswalk guards are. I'm assuming they're doing it at the stoplight too with trappers. They're already putting that one in. Okay. They already did the study. It's already I mean the crosswalk and all that.

Oh yes, yeah. Yep. Um but this is here. This is still in study, but they said they didn't want me going in thinking that we might possibly get two. Like you're you're going to get one if you get any. And so I believe according to um not Carrie but Ron who's our region one. Oh, Rob. Rob. Rob. They did a study for the council 7 years ago and said they'd put it at the fire station and the council said don't do it because no one will ever use it. That's right.

Because they people are not going to change their pattern of where they walk. So they're not going to come halfway down and then walk across even though there's a crosswalk. They're just going to keep going where they're going to go. So I think that's true. I don't think there's Do you have any feedback on if we had to pick one or the other? I think I would do I see more at Young Street and I, you know, because I live right here, but I also see all the kids. But the bulk of the ones that I see coming up 200, they're going to they're not then crossing the street and going. But would that be a city thing, not a county thing? It's a state road road.

I know, but why are they consulting the county on where they put it rather than the city? Are they consulting both? Um, I'm the one that brought it up because Cog tasked me to do so. Okay. Okay, that makes sense. Cog. I know. I'm not on Cog. And I'm there. So, okay. So, if you're good with me telling them, "Yep, we support the Mountain Green." And then if we had to choose, we're we'd be more supportive of the Young Street. Um, that's all I needed. And Katie wanted to make sure you all got the notice about uh Senate Bill 202, which is the Board of Equalization Training. I know you forwarded that on to me from UAX. So, I'm assuming everyone already got it. Yeah. And saw it.

And then we'll redo um I'll send that out after the first of the year to for you guys to pick the dates of what training date and where you want to go. Go back onto the crossing. Crosswalk. Yes. Crosswalk out here. Why would we think it would be better here? Because that's only twice during the day. Down here, there's people moving all the time. At least when I've seen it. Okay. I'm just wondering. I just And they're going to do a traffic study regardless and

say how how much people are traversing. Um what was the other thing? Oh, reminder USA is this week. um lovely conversation and meeting with Senator Curtis yesterday or last yesterday last week. But in that I got a boatload of meetings scheduled for Thursday um with all the people he's connected me and his staff have connected me with. So I will not be at Thursday's USA, but I will be at Friday's. I sent you guys the agenda. Thursday's pretty heavy in taxation anyway, which I know like the back of my hand. So, not too concerned with missing it, but I'm I do like a lot of the topics that are Friday. So, okay. I did ask for a partial refund. I got told no said that don't do refunds within 10 days. I'm like, well, if you had posted the agenda more than 10 days, probably had a response for you then. So, that is all I have.

Okay. Are we we don't need a close session. Correct. No, I do have one of the appraisals back, but that doesn't mean I've been able to con connect with the developer or I'm I'm sorry, the property owner on potential purchase. And we have a meeting tomorrow with another potential. So, it would probably be better served on this the December 2nd meeting. Okay. So, if you're okay with this, could you take over and I can catch the tail onto my granddaughters? Sure. You might be the best part. I know. Do you have any comments before you leave? Do you want to make any comments? Yeah, I'll look forward to seeing all you guys down there Thursday and Friday.

We'll spend we'll spend a day and a half together. It'll be fun. Okay. Okay. Okay. Thank you. Thanks for everybody for your job. Enjoy your granddaughter's thing. Yeah. Okay. Commissioner comments. Commissioner Walker.

Yes. Um, I was invited to the Northern Utah Economic Alliance Board meeting. Um, and um, it was really interesting and they would love to see Morgan and Cash County join. So, what I was hoping is we could do put together a work session. So, they um, Chris Roy Ball is the president of the Northern Utah Economic Alliance. Um, and then also Davis County Commissioner and Weaver County Commissioners said they could come to you and just help explain this to us what it is, how it could benefit our county. I said, "Is there a cost for us to join this?" They said, "No, we really just want to get everyone together."

They told you no. They told me no. Originally, they said there was a fee and now they said no. They gave us a bid. They gave us two different bids. one three years ago that was $40,000 and the last one was 20. Yeah. Now it's because we've talked about it a few times. If you keep telling them no, it'll go to zero. Yeah, maybe. So, it seems like it's worth talking about. Good opportunity. Um and then along with that work session, if we could combine um Stephanie Pack, she would like to come and talk about inland ports and possibilities in Morgan County as well. So we could do that those two in a joint work session. We did talk to the inland port folks year and a half ago, two years ago.

Last year. Yeah. Um maybe it wasn't at Not a lot of opportunity in our county because we just don't have any space that's good for Yeah. She was explaining some other thing, right? But maybe they've got some new stuff. Yeah, they got some new stuff. The guys we talked to down there, they were like, "Yeah, you don't have enough acreage." And they weren't interested in She seems pretty interesting. So, if she is great, maybe there's something new. Maybe. Yeah.

And then I went um they invited me to the Ogden airport ribbon cutting the new Ogden airport. Haven't been there. That was really cool. But they want to hopefully make it the regional airport. Like they want like you've got the Provo airport that kind of services south Salt Lake and then they want the Northern Region airport. So they'd love for us to remind people you can fly in and out on Breeze. You know, they there now. Breeze has been there a while. I thought there was another one that was uh Anyway, Breeze is in Provo, too. Right. Breeze is in Provo. So, the more they get then Breeze can add more flights. Okay.

Um let's see. Yeah, we had that great visit. Thanks for setting that up with Senator Curtis. Explain. Um just to follow up with Snow Basin. We went up and met with them talking with Davey. um their ask for the county is that we when we talk to you do or anything like that that we support and encourage you do to put in a state road where strawberry is. They don't want the county to put it in and pay for it. They'd rather you do put it in and it be a state road, but they'd love the county to be behind road. You just like just off of trappers to access the the strawberry bowl,

right? Okay. And they and Davey was saying eventually we'd like to put in a new lodge and do our ski school and sell tickets in Morganite. In Morgan site. That's all part of their development agreement too is to do that. So if we talk if it ever comes up, he says if the county is behind us on that, that would be huge. If the state would pay for that, though. Well, they did for trappers. They talked about the road because they have to have a secondary access for the Olympics. Oh, well then good. So we need to be awesome if they do. They want to bring 40,000 people a day up there. There might be more. And that will just be bottleneck. Oh, yeah. If they don't have another road. So

you don't have a miniature with the Olympics that makes sense too. That's um sure it's only for a month time, but yeah, but it'll be used forever after too. Yeah, it will be. And then with COG, I'll let you address that since the wreck is part of your portfolio. Um and I stopped by the library's 105th birthday party before the party. So, I saw all the decorations, but she did a good job. And yeah, that's it. We do have an issue with lighting, our parking lot lighting or non non-existent. So dark.

And we did have someone fall leaving the party. So, probably need to work on that. That's part of the renovation. I also noticed we don't have a light on that flag over the uh what? It was dark and I cuz I stopped at the end of the party. I was there like the last 20 minutes of it and there was no light on the flag over there. So, we should check. Okay. Kate, should I get to you about that future work session? Yes. I wrote it down, but you have the points of contact.

Commissioner New, um I was just going to mention the library birthday party. Sounds like it was well attended and just said there was a couple hundred people that came through based on the the people counter. So like a good successful event. Um outside of that I don't have anything to share. Okay, Commissioner Fer,

uh, just a report um on the the visit, Senator Kers, I think went very well. I think the of course my favorite part of course is the crearyy, but besides that besides that, I like the tips and I think we ought to consider the tips um system in possibly even our new building or the portion the the new addition possibly if we do that. We ought to be considering that. Whoever goes and builds it might want to consider that because it's less expensive than regular construction.

It was pretty impressive to see that was it was it was really good to me when you seen the normal stand up concrete and you look at that like really. Yeah, right. Yeah. Great idea. But it it's a it's a pretty neat project and and I appreciate Kate putting everything together for us. Kim is awesome and I want to adopt him. He's adorable. Um, but apparently Janet has won his heart because they're both Seahawks fans.

And then uh I mean the comments I got from Val Potter afterwards that he sent to me that uh he he says that the staff is very interested in everything that we got going on. And I guess you've got a lot more that you've been talking to the his people about. Yeah. Which is great. Um, and I appreciate him being here and coming here. Um, and I'm glad that Commissioner Nickerson and I were able to go visit with him and say he needs to come to Morgan County and not just meet us in another location. Um, but actually come to the county and I think that he will probably try to make a visit next year during the summertime so that we can take him on the river.

Awesome. and uh let him experience that even though he probably gets all that kind of stuff. Um the other um the other thing that both Von and I went to on Friday um to that movie thing, Morgan County participation in the movie, the movie that the series that's going on, Marshalls. Oh, Marshalls. Yeah, Marshals. Why Marshalls? That was pretty interesting. They actually were doing some scenes, doing the official scenes and they we went and stayed for three of them. I think three of the scenes just to see what it was three tanks.

Yeah, three. they were the same ones. But, you know, it was it was very interesting and uh I think it's a one thing that we need to not just within us but within the public is we need to be looking at areas that we can potentially have for movies people to come here and bring in and do movies. Um the um person that's over the movie, what was his Josh's was his name? Derson or something. Yeah. Anyway, he says uh he's been to Morgan County, but he'd like to go to more places. Yeah, I I directly work with their site. Okay. Their site planner. Okay. And he's out of Park City. So,

yeah. So, anyway, they're they're happy to have Morgan County as one of their newest places. They say the nice advantage we have, which is different than a lot of counties, is we are private. Mhm. And because of that, they can get on to places and do the movie without having to wait forever to get approvals to do things. Yeah. Oh, they were drooling over Cudon. They come on up. I was like, that'll be easy. There's five property owners. Yeah.

I'm not branding myself with a Y though be on the show. And if anybody wants to be an extra on any uh of their scenes or any of their episodes, just to let us know, we'll get you in touch with them. So, if any of the audience or public want to go and do that, that would be a fun thing. I know my granddaughter did. No, my daughter did on one. I don't even remember the film she was in, but she was in it over at KOMO. So, anyway, that was a fun day. Um trying to think if there was anything else. I signed up to go to that. I know your husband got emergency surgery, but they said I could come another day. So,

yeah. And and that's the thing is you can go over there and just make an appointment. We got to meet the person from Paramount. He calls it Paramount. No, how did he say it? It was kind of weird how he said it. I can understand half a Yeah. season. They've finished filming season one, so they won't be filming again. They said probably till the spring. And they said that this one the this season will come out on March 2nd. Okay. But they're committed for five seasons.

Yeah. So that means we get five a lot more here. So that's good. Um and in reality it brings in as they were saying for every um what was it? Dollar that we spend no $7 or something like that. Anyway, there was a return of seven of some sort or another. So it was like a one to seven. I don't know. They were all at Larry's. Were they? Even though I was like, you literally have professional chefs. So, you fly instead. They're all at Larry's getting chicken. Good for them. One one thing that that they said, sorry. Go ahead.

Was that when they film in an area like this, they ask everybody to eat at the local places, like go and buy the sandwiches or burgers or whatever it is. So, they're very much on like kind of spend your money here, enjoy what's here. Um, when we were there, it was like, man, there's a table this long that was just sushi. I'm like, my wife would be going crazy right now. Look pretty good. But, sorry, I didn't mean No, that's all right. That's that's I mean, it was a great event for us to be at. And uh I was surprised that Karns Boulevard was right there. I thought Karns was over in town. So, I went clear over there first. Anyway, that's about all I have for now.

All right. Um, so I've got a couple of things. So, with uh one was on the we had an update on the or a report, I should say on the car show at the airport. I guess he donated about $2,300 to the Mountain Green Fire Station from that. So, he's hoping to make it bigger and do it again. They've learned a lot and the airport board was uh quite pleased with how it all turned out and I think the Mountain Green Fire Stations have to get whatever they can. So,

um so that there with our airport the where the airport lounge was where we people bought the Wilkinson's uh hanger. They actually came back to the airport board and was saying they would lease that little office space back to us at $800 a month. And uh I'm like what do we charge them per month for their hanger? And it was basically the airport board says we don't need it. Um it was basically Joe used as an office and Dane said I go he goes I don't need an office. So they they recommend not leasing that space. So if it comes if they do come before us the airport board says uh we we don't they don't need it. So they're good without it. Um where is the manager going to be?

So who or where where? So his office I'm assuming is at his Joe is in his hanger now. He's in his hanger. So Danes will be at his house which is just down the street from the airport. Dane is the new manager. Yes. Um they're working on some crack sealing issues that they're having. So they're working with the state. Um Dne is going to be meeting with Craig Idol with U DOT to kind of get up to speed with everything that's going on at the airport. Uh grants, money from fuel sales, all that. They did ask um one question about the water shares for the burm um kind of where that is they're trying to you know did did we get the water shares or is

Nope. I told them um I reached out to the two water companies that would service it and they said yeah we'll sell you shares but we don't have a pressurized system. So, can we use I I told the uh the treasur of the airport board

that um you find what you need and we'll buy you some shares, but I'm not buying shares just to buy shares, especially if you need a pressurized system and they they don't have one. So, what about a a slow water I mean flow that comes from where they flow off of their system where all the cattails are up east or north whichever direction it is. Joe Joe knows of it, right?

But if we can by chance hook into that because that's just excess water they throw off every day. You know, if we could hook into that, then we could actually soaker system or whatever. It flow right down into the burm, take care of it. Just a thought. Okay. Um, so to cog, now I see why you got that.

I'm just kidding. Um, so the city kind of brought up the ramp tax um, and requesting basically an advisory board just kind of like what's going on, what's moving forward, where are we? Um, they we kind of was like somebody from obviously the all parties, so the school district, the city, and again, it would just be a recommending board kind of seeing what things were going. I did mention that and I'm assuming it was Eubine that brought up that if they do implement a ramp tax it would be overseen by the county and they'd have no say. So I don't know if that was you or somebody else. I just know you were really heavily involved with the ramp.

I was quite heavily involved in it. Basically what it is is since we accept the tax because it is a county tax, right? That we are the ones responsible for that and yes, I think we need to have a ramp tax advisory board. I've been asking for that for a long time. Yeah. So, I mean that would be a good thing to have. Okay. So, same with the record.

They they would that was another one that that you kind of brought up because it kind of runs together with wreck. Um but basically, so they're they're requesting that we do put together an advisory board with all parties because I guess they get some questions from the public like where does this funding going? Where's it going? And they're like we don't know. We don't know where it goes or what it is. So, they would like to Now task to staff. It did say um Ray, you can maybe post it. No. Is that a task to staff? Is that a task? But I can't I can't do that myself. So um I'm just bring it out. That is something they would

What we talked about at COG two months ago was if we do that since all parties are already at COG, can we make the COG group also like just like you guys entered into board of equalization, can they enter in at the end of COG or beginning of COG as the wreck, ramp, whatever board? Only thing I would say on that is is you've got u transportation in there and ramp has nothing to do with transportation. They could but it's just like this. I mean if we move into BOE it's they I think we ought to have public involved in it besides just elected.

Well and I that was something that did come up is like having input from the public as far as where do we want the wreck to go? what is what are the desires? So, not just when as I was kind of going through this, that was one thing is having basically all stakeholders kind of be involved and just kind of kind of direct where we're going with it all. Um, again, that was we we oversee the tax. It's up to us. Um, Railene did look at the state statute and there is no requirement if I recall. I will bring it because we met last night. This is I will in our comments. We'll make sure this that gets brought up. Um where do we want to go with this? What do we want to do? So as a commission, let's think about that. Um maybe we could put that on the agenda for next meeting. If everybody wants, we can. Is it for ramp and wreck or ramp with wreck?

I would say ramp with wreck. I think they're kind of intertwined. That's my opinion. I don't know about Well, we're spending $200,000 of the ramp tax for recreation. So, I'm totally fine with that. Like, I don't care if we do it. We need to write up some bylaws for that board. Decide who's going to be on there and that sort of thing. And I would be cautious about giving a lot of seats to certain entities if that makes sense. I think I think we'll just need to make sure it's clear that this is advisory.

Yes. And that it is advisory because that's the other problem that we had in the past. So, when I first got on the commission, we had a a recreation board because it was right it was right at the time that they did away with the old way of funding it, which was the county put in 30,000 or Oh, was the 44 Yeah. We put in a chunk, city put in a chunk, and the school district put in a chunk, right? And they had a totally separate board that was kind of managing things. Um, it was messy. I'll just say that. So we definitely don't want to get back into that. We don't

and I did say in there I says it would be advisory like and I brought up the airport board. It's like their job is to look at it, they advise and then it ultimately lands at the commission. So it' be advisory only. Um their thought was like one person from the city, a person from the school district, somebody from the county. So not like a giant board something. And again it's it's I think it falls on us. We can write it how we want. They would just they would like to have the board open.

Okay. Um especially if the person with the school district is going to advocate for us over there instead of us just paying more money every time. Pretty happy with that.

Um one thing that they didn't bring up at COG was the COG working group. um the RPO one of the reasons basically all of the asks coming from the county or maintenance and they would like to see it be more infrastructure new stuff. So like I brought up the curb and gutter sidewalk over by the airport is that something on the other side of the road and they're like exactly things like that. Now one of the downsides is there's not a lot of county property. So what are projects and and I brought that up just like we don't have a lot of county you know our big needs are are maintenance and so and so but where are we going to put them we don't own the property so

we don't own the property but and and cog did did help pay for the one over at the fairgrounds and we'll have the new extension correct so those are things again as we go into that coming in January what are some some good things because the city was like everything you're asking for is maintenance. What are some things? So, Kent Smith Park, trail the fairgrounds or wherever we want to do, but what are some other I get them saying that, but what is it the city's business whether we ask for maintenance money or ask for infrastructure money? I mean, at the end of the day, Ty was more like, hey, the city feels bad kind of thing. Yeah. And his was like money. What's something the county needs? the way that they're Yeah, he's wanting us.

It It was not Okay, I see what you're saying. Yeah. Bring us bring us ideas. Gotcha. That makes more sense. Yeah. Thanks for clarifying that. Yeah, because there's only so much we can spend on maintenance versus infrastructure. I mean, most of our infrastructure is done by developers. I mean, we don't do and I think that that's our problem is we we don't we don't build sidewalks like the city does that, you know, or like the alleyway or things like that that they've been doing. Okay, that makes sense. And it's just the way that they they prioritize things. The maintenance stuff gets pushed way to the bottom versus new infrastructure, new construction type things.

Can you give me a report on that trail going from uh state over to I haven't they got anything going on that yet? I haven't heard. It's going to go right. It's on the I want to say it's on the list. I'd have to find out what's say it's on this side of the river that Oh, you're saying like next to Tractor Supply and along their pond right in there between that. I'm just kind of That's years out. So I know it's on the host. I know they would wanted some support with that. So I'm just They got the funding. It's just years out. Yeah. Okay.

Yeah. They just got the money for the pond, didn't they? Mhm. I think that was all I all I really had an airport. They canceled our port of health meeting last time. So I got another one this week. That's all I've got. There's nothing else. Mr. Chair, I move we adjourn. Second if you want it. All in favor?