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Duchesne County
Commission Meeting

The following document has been re-formatted from the original for Internet accessibility.  County Commission Minutes, in their original format, are available through the Office of the County Clerk/Auditor.


MINUTES FOR REGULAR COMMISSION MEETING HELD ON MAY 8, 2000 BEGINNING AT 1:00 P.M. IN THE COMMISSION BOARD ROOM
IN DUCHESNE, UTAH

Commissioners Present:  Commission Chairman Guy R Thayne, Commissioner F Ted Kappen, and Commissioner Larry S Ross.

Others Present:  Roland Uresk Deputy County Attorney, Shelley Brennan Executive Secretary, Clerk/Auditor's Office Taking Minutes. Randall Thacker DWR, Sue Coleman, Beverly Park, Roger Holfeltz, Stan Wardle, Margene Wardle, Pat Wardle, Merv Wardle, Don Marshall, Lois Bentley, Vennett Jones, Lezlee Whiting Uintah Basin Standard, Caralynn Draper, Diane Cramer, Lavon Cramer, Roger Grimaud, Randy Grimaud, Marty Noel, Robert Brown, Laura Lowe, Sherrell & Jeaneene Poltock, , Ingrid Keller, Linda Northington, Clint Peatross.

Prayer: Commissioner Ross
Pledge of Allegiance

Minutes: Minutes for May 1, 2000 were read.  Motion:   Commissioner Ross motioned to approve the minutes with corrections, Commissioner Kappen second, the motion carried. Roll Call Vote: All Commissioners Aye.

Road Issues - Supervisor Nielsen
Supervisor Nielsen reported to the Commission that on the 12th of May Alan Giles the UDOT certified appraiser would have the appraisal of the 11 parcels of land for Strawberry River Bridges 6 & 7 completed.

Supervisor Nielsen also talked to Greg Searle with Utah Department of Transportation (UDOT), who told him that UDOT is still waiting for a contract from the Bureau of Indian Affairs (BIA) on the Arcadia Road project. Commissioner Ross asked to have Doug to make sure that the process is complete before Duchesne County's portion of the UDOT funds are no longer available.

Discussion of Roads - Colene Dumas
Colene Dumas and others were present to discuss with the Commission the roads in Pinion Ridge, Pinion Retreat area. A few weeks ago there were 9 break-ins in their neighborhood, the County Sheriffs Department was slow to respond due to the fact that all the road-addressing signs are not in place. Commission Thayne stated the County is still in the process of completing the addressing and installation of the Road Signs. They also have problems with road maintenance. It was asked if the roads were County roads or not. It was established that they are County Roads in the approved subdivisions and should be maintained by the County. Commissioner Ross asked that a few people volunteer to represent the different areas and work with Supervisor Nielsen to suggest possible solutions to the problems. The following will work with Supervisor Nielsen; Stan Wardle, Merv Wardle, Diane Kramer, Roger Grimaud, Lois Bentley, and Colene Dumas.

Discussion of Tar Sands
The discussion of Tar Sands will be continued at a later date. The Commission is still waiting for some needed information.

Zone Change Brian Berger Request to change zoning from a GRF Grazing, Recreational, Forestry a 10-acre zone to an A/R-1 Agricultural/ Recreational a 5-acre zone. In the Fruitland area.   Clint Peatross was present to represent Brian Berger. Clayton Chidester reported the Planning and Zoning Commission approved this zone change.

ORDINANCE NO. 00-162
AN ORDINANCE CHANGING THE ZONING FROM GRF (GRAZING, RECREATIONAL, FORESTRY) TO A/R-1 (AGRICULTURAL/RECREATIONAL)

WHEREAS Duchesne County has adopted a zoning ordinance, zoning portions of the county for various uses, and

WHEREAS a property owner has petitioned the county to change the zoning for use from GRF(Grazing, Recreational, Forestry) to A/R (Agricultural/Recreational) on a parcel of property located in Section 3, Township 4 South, Range 7 West, USM., and

WHEREAS the matter has been brought before the Duchesne County Planning and Zoning Commission, and

WHEREAS the Planning and Zoning Commission has held a public hearing on said zone- change request and after due consideration recommends that the zone change be granted and

WHEREAS the Duchesne County Commission has had a full discussion of the matter in a public meeting, and

BE IT HEREBY ORDAINED as follows:
The current zoning of GRF (Grazing, Recreational, Forestry)) is changed to A/R (Agricultural/Recreational) for the following parcel of property described as follows:
Township 4 South Range 7 West U.S.B.& M..
Section 3: NE1/4 NW1/4.

Motion: Commissioner Kappen motioned to approve the zone change for Brian Berger, Commissioner Ross second, the motion carried. Roll Call Vote: All Commissioners Aye.

Consideration of Ordinance 00-161 An Ordinance Adopting Seasonal Road Closures for Tabby Mountain Wildlife Management Area

ORDINANCE NO. 00-161
AN ORDINANCE ADOPTING SEASONAL ROAD CLOSURES FOR TABBY MOUNTAIN WILDLIFE MANAGEMENT AREA

WHEREAS, the Tabby Mountain Wildlife Management Area contains within its boundaries certain County roads; and,   

WHEREAS, between December 1st thru April 30th large herds of wildlife use the area for winter forage; and,

WHEREAS, winter and spring thaw conditions make the roads vulnerable to damage between December 1st and April 30th; and,

WHEREAS, public access to the Tabby Mountain Wildlife Management Area between December 1st thru April 30th increases the potential for harassment of wintering wildlife by users of motorized vehicles; and,   

WHEREAS, the undisturbed wintering of wildlife in the Tabby Mountain Wildlife Management Area keeps the herds of wildlife from migrating to farmlands and other areas within the County reducing the amount of damage due to wildlife foraging; and,

WHEREAS, it is in the best interest of the County and the Division of Wildlife Resources that seasonal restrictions be placed on the roads within the Tabby Mountain Wildlife Management Area;

BE IT HEREBY ORDAINED by the Board of County Commissioners of Duchesne County as follows:

1. Access to the Tabby Mountain Wildlife Management Area by motor vehicles of all types shall, between December 1st thru April 30th for the years 2000 thru2002, be limited to vehicles used for administrative purposes by the Division of Wildlife Resources, Duchesne County, the agents of either entity, and those individuals possessing valid wildlife harvest permits from the Division of Wildlife Resources.

2. All other access by motor vehicles shall be prohibited during the time period December 1st thru April 30th of each year.

3. The Tabby Mountain Wildlife Management Area shall be that area described as follows:
Beginning at the half section point on the east side of Sec. 3 of T. 3S., R. 7W.; thence west six miles along the half section line to the half section point on the west side of Sec. 2 of T. 3S., R.8W.; thence north one half mile to the northwest corner of Sec. 2; thence west one and a half miles to the half section point on the north boundary of Sec. 4; thence south two miles to the southern half section point of Sec. 9; thence west one mile to the half section point of Sec. 8; thence north 1/4 mile; thence west 1/4 mile; thence north 1/4 mile; thence west 1/4 mile to the half section point on the west side of Sec. 8; thence west to the center point of Sec. 7; thence north 1/4 mile; thence west 1/4 mile; thence north one and one quarter mile to the northern section line of Sec. 6; thence west to the southwest corner of Sec. 31 of T. 2S., R. 8W.; thence north one and one half miles to the Red Creek Road; thence northerly along the Red Creek Road to the crossing of Red Creek; thence northerly Red Creek to where it crosses the Red Creek Road near the north section line of Sec. 25 of T. 2S., R.9 W.; thence northerly along the Red Creek Road to the southern Township line of Township 1s. on the north section line of Sec. 2 of T. 2S., R. 9W.; thence east approximately six and one quarter miles to the northeast corner of Sec. 2 of T. 2S., R. 8W.; thence south 1 mile to the southeast corner of Sec. 2; thence east three miles to the northeast corner of Sec. 8 of T. 2S., R. 7W.; thence south 1/4 mile along section line; thence east one half mile; thence south 1/4 mile; thence east 1/4 mile; thence south 1/4 mile; thence east 1/4 mile to the southeast corner of Sec. 9; thence east 1/4 mile along the section line; thence south 1/4 mile; thence east 1/4 mile to the half section line of Sec. 17; thence south one and three quarters mile to the half section point on the north section line of Sec. 28; thence east along the section line to the northeast corner of Sec. 28; thence south two and one half miles to the point of beginning.

4. The seasonal restrictions on motor vehicle access to the Tabby Mountain Wildlife Management Area set forth in this ordinance shall expire on April 30th 2002, unless a new ordinance is enacted extending the duration of the restrictions.

Randall Thacker representing the Division of Wildlife Resources reviewed with the Commission again the reasons for the proposed Seasonal Road Restriction. Effective dates would be December 1 through April 15 annually. The benefits from this restriction would be: 

  1. Reduce disturbance of wintering Deer and Elk.

  2. Reduce depredation by big game on neighboring private property.

  3. Reduce destruction of roads on DWR property.

  4. Increase law enforcement effectiveness - reduced poaching opportunity.

  5. Reduce the spread of noxious weeds on DWR property

Motion: Commissioner Ross motioned to approve Ordinance 00-161 An Ordinance Adopting Seasonal Road Closures for Tabby Mountain Wildlife Management Area for a period of two years at which time the Division of Wildlife Resources may present the proposal again for consideration Commissioner Kappen second, the motion carried. Roll Call Vote: All Commissioners Voting Aye.

Discussion of Contract with Stan Young for Maintenance of Horse Stalls at Fair Grounds  Stan Young and Jerry Lisonbee were present to discuss the contract with Stan Young and some problems they are having. Stan stated that he has been waiting for a contract we have been on a month-to-month basis for almost a year. Jerry explained that they are having problems with people housing their horses in the bucking chutes corals without permission and they are not cleaning up after themselves. Jerry suggested that we need one person to oversee everything and to work over the arena at least once a week.  Motion: Commissioner Ross motioned to take a week to review the contract with Stan Young, the problems and some solutions, Commissioner Kappen second, the motion carried. Roll Call Vote: All Commissioners Voting Aye.  This will be on next week's agenda.

Board of Equalization Appeal on Personal Property - Kim Mullins  Kris Bancroft Deputy Assessor and Kim Mullins were present and informed the Commission that they have come to an agreement on the price of a boat owned by Mr. Mullins. There was a lack of information when this was first discussed between the Assessors Office and Mr. Mullins. The Assessors office and Mr. Mullins both are fully informed on this matter at this time.

Consideration of Beer License Application by Lawny Jackson for R/C Corporation Rock Creek Ranch   This beer license application has been reviewed and approved by the Sheriffs office.  Motion: Commissioner Kappen motioned to approve the beer license application by Lawny Jackson for R/C Corporation Rock Creek Ranch, Commissioner Ross second, the motion carried. Roll Call Vote: All Commissioners Voting Aye.

Discussion of Ordinance 00-159
Georg Adams Emergency Management Director, Roger Holfeltz, Roland Uresk Deputy County Attorney, and the Commission again reviewed Ordinance 00-159 and discussed the legality of each section. Georg, Roland and the Commission had a different interpretation of Section 63-5a (Utah Code Annotated), than Mr. Holfeltz. At this time Mr. Holfeltz got very upset and made derogatory remarks to the Commission, stated that he would sue the County the first time an emergency was declared in accordance with this Ordinance and stormed out of the meeting. The Commission chooses at this time not to amend or make changes to Ordinance 00-159 which has already been adopted.

Wellness Committee Presentation, Discussion & Expenditure
Judy Mutton Personnel Director presented a Wellness Program for the Commission approval. Judy stated that she has been unable to discuss the program with all the Wellness Committee members. The Commission asked that she talk to those committee members she was unable to reach. They would like her to report back next week.

Shelley Brennan Deputy Clerk/Auditor presented vouchers #68383 to #68487 totaling $297,562.42 for approval.  Motion: Commissioner Kappen motioned to approve the Vouchers, Commissioner Ross second, the motion carried. Roll Call Vote: All Commissioners Aye.

Adjournment: 4:20 PM

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