Clerk/Auditor
Minutes
Duchesne County
Commission Meeting

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 AUGUST 14, 2000 BEGINNING AT 1:00 P.M. IN THE COMMISSION BOARD ROOM
IN DUCHESNE, UTAH

Commissioners Present:  ommissioner F. Ted Kappen acting as Chairman and Commissioner Larry S. Ross.

Commissioners Absent: Commission Chairman Guy R. Thayne is on vacation.

Others Present:  Diane Freston, Clerk/Auditor, Road Supervisor Douglas Nielsen, Diana Stevens, Sue Coleman, Carol Casey.

Prayer: Commissioner F. Ted Kappen
Pledge of Allegiance

Minutes: Minutes for August 7, 2000 were read. The minutes from the Sandwash Reservoir meeting held August 7, 2000 at 4 pm were also read.  Motion: Commissioner Ross motioned to approve the minutes with corrections, Commissioner Kappen second, the motion carried. Roll Call Vote: All Commissioner Aye.

Road Items - Supervisor Doug Nielsen
Supervisor Nielsen reported that he had checked on the road at Sandwash Reservoir. There are several spots in the road where the surface is ledge rock, therefore to make improvements on the road the low spots will need fill before any gravel could be added. There is a good approach now and the length of the road is only about 3/10's of a mile.

The chipping process is currently going on at Carroll Lane, moving east. Pleasant Valley will be next and then North Fork. If the Forest Service is not finished with their part of the North Fork Road by August 15th. The road department will then do the patching at the Fire Station in Tabiona with overlay and seal.

Commissioner Kappen asked Mr. Nielsen how the tar sands were holding up. Mr. Nielsen replied that they have plenty having used about half so far.

Commissioner Ross reviewed a letter he prepared and sent to the Historical Society regarding the old highway 40 bridge in Bridgeland. If it is determined that the bridge is a Historical Site an option for the county may be to bypass the old bridge and build a new road straight south from the Arcadia Junction to the highway. Supervisor Nielsen stated that the distance would be less than a mile.

...............Sheriff Ralph Stansfield and Deputy Sheriff Travis Mitchell
joined the meeting...............

Land Exchange Request - Rebecca Preece
The following letter was read into the minutes:

July 31, 2000

Diane Freston

Hello I am Rebecca Preece, the one who told you my sad sob story about being a single mom just trying to make my way in this world.

My request is that we trade my 10 acres, Lot #4431-8 located in T4S, R7W, Sec 10 for a total of 1.19 acres of your Myton Surplus property Lot # M-74 #2-3 and #M-73 #1-4 & 14 located in T3S R2W Sec 25 Myton City which is next to my .17 acres M-74-1 lot that I own. It's fair market value is Approx $369.00. The lots I am requesting to trade for are the same size and in the same area. You then can have the 10 acres to place at your surplus sale instead. I then would have enough for my needs.

I am really looking forward to being apart of your community and truly hope you accept my proposal. I will not make the land an eyesore, but will beautify and enhance it. For answers to my request please contact me at…..

Clerk/Auditor Freston stated that the assessor's office researched the properties and that the exchange value in the properties was higher in the 10 acres. The Recorder Carolyne Madsen also researched for liens and found that there were none.

Motion: Commissioner Ross motioned to approve the Land Exchange request with the appropriate deeds being prepared by the Clerk's Office. Commissioner Kappen second, the motion carried. Roll Call Vote: All Commissioners Aye.

...............Personnel Director Judy Mutton, Sean Davis from DWR
joined the meeting...............

Blaine & Elaine Berger - Red Creek Road - ATV Use
The Berger's called earlier and said they would not be able to attend today's meeting. In as much as the ATV use item was on the agenda and information had been gathered the commission decided to discuss the request presented at last weeks meeting anyway.
Commissioner Kappen read into the minutes the following letter received by our insurance company:

Date: August 11, 2000

To: Judy Mutton, Duchesne County
Fax: 435 738-5522

From: Shawn Guzman, UACIM Director
Re: OHV use on County Roads

Dear Judy:

This fax is to confirm our conversation today, regarding the designation of county roadways for OHV use.

U.A.C. 41-22-10.1 allows the county to designate roads for OHV use and provides some protection from liability for doing so. I recommend that the county Road Department and Sheriff's Office approve the road for such use using the following criteria:

1. The accident history of the roadway;

2. The physical conditions of the roadway, i.e. pavement or road base, curves or dips that might make lower OHVs difficult to see for auto drivers, etc,;

3. The roadway be posted with signs, as opposed to a map, as required in U.A.C. 41-22-10.1 (b). The signs should be placed at appropriate intervals and remind auto drivers that OHVs may be present on the roadway. The signs should also designate the beginning and end points of the roadway approved for OHV use.

Please have Roland review this section of the code and have him call me with any questions.

Thanks, Shawn

Commissioner Kappen asked what the accident history was on this road. Deputy Sheriff Mitchell stated that there was not a high volume of accidents, that in the last 5 years there had been only 3 accidents and that was during the hunting season. Ted suggested that the County try the one year trial as suggested by the insurance company.

Travis Mitchell addressed the commissioners stating that ATV riders have a history of not obeying traffic signs, riding to fast, cornering on the wrong side of the road, etc. Sheriff Stansfield agreed with officer Mitchell and stated, "It seems that when cars and ATV's come together there will be safety problems with the ATV rider at risk."
Sean Davis representing DWR expressed concern for the wildlife in the area, he stated that this area is critical for wintering wildlife, a lot of ATV use could force the Deer and Elk down into the private landowners fields and properties causing more problems there.
Judy Mutton stated that children as young as 8 years old are allowed to ride the machines and that a child is not capable of riding on roads with traffic.

Commissioner Ross would like to find a way to assist with recreation in the county, he feels that there needs to be a place for the ATV's to be allowed to go. If the county were to open an area the main concern for the commission would be the liability and accidents. If the county were to do this a restrictive ordinance needs to be drawn up with traffic laws, age of drivers, and head gear being outlined in the ordinance.

Supervisor Nielsen stated that the condition of the road in that area is not good. The visability is poor, the road is graveled and there are a lot of turns.

Commissioner Ross is aware of the officers concern for safety, and suggested that they table the discussion for two (2) weeks while the attorney drafts an ordinance.

Officer Mitchell feels that the drivers be required to be of age and to have a valid drivers license to drive ATV's on the roads thus eliminating children driving.

Motion: Commissioner Ross motioned to have a restrictive ordinance drawn up. Commissioner Kappen second, the motion carried. Roll Call Vote: All Commissioners Aye.

Upper Country Water District Annexation Hearing - Resolution No. 00-16  Commissioner Kappen announced the hearing of the following annexation to which there was no opposition.

RESOLUTION NO. 00-16
A RESOLUTION ANNEXING CERTAIN LANDS INTO THE DUCHESNE COUNTY UPPER COUNTRY WATER IMPROVEMENT DISTRICT

WHEREAS, the Board of County Commissioners of Duchesne County, State of Utah, did on the 10th day of July 2000, pass a resolution declaring its intention to annex into the Duchesne County Upper Country Water Improvement District certain lands, at the request of the property owners of an area adjacent to the District and in accordance with provisions of Title 17A-2-301 et. seq. Utah Code; Annotated; and,

WHEREAS, many of the residents of the area sought to be included in the district and have urged that they be included in the district; and ,

WHEREAS, a hearing was held (pursuant to notice published in the Uintah Basin Standard for three (3) successive weeks) on August 14th, 2000, at 2:00 p.m. before the Board of County Commissioners of Duchesne County at a meeting in the County Commission Chambers, in Duchesne for that purpose; and, none of the residents appeared to oppose the inclusion of the property in the District.

WHEREAS it appears that the inclusion of the below described lands in said district is in the best interest of the public and that the health, safety and convenience require the annexation of those lands into the Duchesne County Upper Country Water Improvement District.

Township 1 South, Range 3 West Uintah Special Meridian
Sec 17:  Serial No.: 00-027-3619/0679-0002 6185 N 13250 W, BEG FROM NW COR SW4SE4, TH E 1070 FT, TH S 348.5 FT, TH E 250 FT, TH S 311.5 FT, TH W 1320 FT, TH N 660 FT TO BEG.

NOW, THEREFORE, it is hereby resolved and pursuant to the authority of the Board of Commissioners of Duchesne County, the following described lands are hereby included within the boundaries of the Duchesne County Upper Country Water Improvement District, said district being established according to the provisions of Section 17A-2-301 et, seq., Utah Code Annotated, as amended to wit.

Township 1 South, Range 3 West Uintah Special Meridian
Sec 17:  Serial No.: 00-027-3619/0679-0002 6185 N 13250 W, BEG FROM NW COR SW4SE4, TH E 1070 FT, TH S 348.5 FT, TH E 250 FT, TH S 311.5 FT, TH W 1320 FT, TH N 660 FT TO BEG.

IN WITNESS WHEREOF, this Resolution is duly and unanimously passed and subscribed by the Board of Commissioners of Duchesne County, State of Utah, in regular meeting assembled this 14th day of August, 2000.

Motion: Commissioner Ross motioned to approve Resolution No. 00-16 as requested by the Upper Country Water District. Commissioner Kappen second, the motion carried. Roll Call Vote: All Commissioners Aye.

Personnel Issues - Judy Mutton
Judy Mutton presented a request to replace a correction officer in as much as one of our officers was leaving to work for another correctional facility.  Motion: Commissioner Ross motioned to approve the request. Commissioner Kappen second, the motion carried. Roll Call Vote: All Commissioners Aye.

...............Alma Richins, Christie Ivie and Irene Hansen
joined the meeting...............

Judy also presented a letter written by Christie Ivie, Director of the Gateway Senior Center concerning the condition of the building after a rental of the Gateway Center last weekend.

After discussing the matter a working meeting was scheduled for August 21st at 3:00 pm to setup new guidelines for rentals.

...............Roger Holfeltz joined the meeting...............

Auditor's Office - Vouchers - Department Head Time Sheets - Tax Adjustments

Vouchers: Diane Freston Clerk/Auditor presented voucher #67531 for $3,182.45 vouchers #69666 to #69787 totaling $145,180.56 for approval.   Motion: Commissioner Ross motioned to approve the Vouchers, Commissioner Kappen second, the motion carried. Roll Call Vote: All Commissioners Aye.

Tax adjustment -Treasurer

Serial/Account	Year	Debit/Credit	Comment
4897-1	1995	-$41.75
011-1009	1996	-$38.61	Recording Error
	1997	-$48.70
	1998	-$48.84
	1999	-$67.65

Motion: Commissioner Ross motioned to approve the Tax Adjustments, Commissioner Kappen second, the motion carried. Roll Call Vote: All Commissioners Aye.

Sexually Oriented Businesses Hearing - 3:00 PM
Planning and Zoning Director Clayton Chidester presented the ordinance for review. Clayton reminded the group that the ordinance calls for a Sexually Oriented Business to be in an Industrial Zone only and with clear and concise restrictions. He also said that he used Mesquite City, Nevada and Summit County, Utah's ordinances for reference. Three (3) meetings and a (1) hearing in March of 1999 had also been held prior to today's hearing.

The Commissioners, after reading through the document, suggested that the distance between the other business and a Sexually Oriented Business should be greater than what the ordinance calls for.

Questions were also raised concerning lighting of business structure, motion lighting and other like restrictions in the ordinance.  Commissioner Ross requested that the wording motion lighting be removed from the ordinance as the intent was not clear.

Alma Richins said that Sexually Oriented Businesses should not be allowed at all. Clayton said the county can not take away the people's freedom of speech.

Roger Hofeltz stated that it is against Federal law to require Social Security numbers thus making the ordinance illegal.

It was suggested that an opinion from the Attorney General is needed and that it would probably take 90 days to get a written opinion.

Motion: Commissioner Ross motioned to review the ordinance for an additional three (3) months and officially ask for the Attorney Generals written opinion of the document. Clayton Chidester was assigned to write the request letter to the AG Office. Commissioner Kappen second, the motion carried. Roll Call Vote: All Commissioners Aye.

Adjournment - 3:50 PM

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