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 MARCH 26, 2001 BEGINNING AT 1:00 P.M. IN THE COMMISSION BOARD ROOM
IN DUCHESNE, UTAH

Commissioners Present:  Commission Chairman Guy R. Thayne, Commissioner Larry S. Ross, and Commissioner Lorna Stradinger.

Others Present:  Road Supervisor Douglas Nielsen, County Deputy Attorney Roland Uresk, Deputy Clerk/Auditor's Carol Casey & Leann Stewart, Maureen Casper, Levaughn & Karla Gines, Nels & Afton Johnson, Doyle & Florence Turnbow, T Kay Ivie, Lezlee Whiting, Roger Holfeltz, Susan Coleman, Lori Evans, Susan Merrell, Beverly Park, Regina Barnhurst, Ervan Rhoades, Travis Tucker.

Prayer: Commissioner Thayne
Pledge of Allegiance

Minutes: The commission minutes for March 19, 2001 were reviewed and corrections made.  Motion: Commissioner Stradinger motioned to approve the minutes with corrections. Commissioner Ross second. Motion carried. Roll Call Vote: All Commissioners Voting Aye.

Road Items - Supervisor Douglas Nielsen
Doug reported that George Thompson of UDOT has reviewed the status of the Lake Fork Bridge for a second time. It appears that under item 67 the bridge is now eligible for replacement. With the commission's approval Doug would like to discuss the bridge replacement with UDOT at the Joint Highway Committee meeting in St. George on April 24th. Doug will ask the committee to put this on the STIP for future funding.

Motion: Commissioner Ross motioned to replace the Lake Fork Bridge, and apply for STIP funding of 80% federal and 20% county. Commissioner Stradinger second. Motion carried. Roll Call Vote: All Commissioners Voting Aye.

Doug reminded the commission that starting on Monday April 2nd the road department will go back to working four ten hour days a week, the landfill will still be open Saturdays.

The commission and Doug discussed possible dates to have free dumping at the landfill. After Doug checked with Wasatch County to see when their days were scheduled, it was decided that April 7th thru 14th would be the best time for the residents of Duchesne County to do their spring cleanup dumping. This offer will not include commercial dumping. Doug will advertise the free dumping days in the Standard for two weeks.
   
Introduction of Maureen Casper - Federal Grants Person
Maureen Casper is with Senator Hatch's office. She will be the person to contact for help with obtaining federal grant money for the county. Maureen will keep the county informed regarding availability of future grants.

Signing of Proclamation Designating National Library Week - Lori Evans  Lori introduced Susan Merrill from the bookmobile office. Together they thanked the commission for the support they give to the library. Lori informed the commission that this is the 86th year there has been a library in Duchesne County.

Lori presented the proclamation designating National Library Week as April 1st - 7th, 2001. Commissioner Stradinger read the proclamation aloud. (see attachment)

Motion: Commissioner Stradinger motioned to accept as read the Proclamation designating National Library Week. Commissioner Ross second. Motion carried. Roll Call Vote: All Commissioners Voting Aye.

Con-Amore RC & D Fishing Day - T Kay Ivie
T Kay explained that RC & D and the students of Con-Amore School team up for a fishing day once a year. They start the day with some warm-up activities. The students team up with an adult (buddy) and play games at the park. After lunch, which is cooked by the sheriff, the group travels to Lower Stillwater Ponds in Rock Creek for an afternoon of fishing.

It is T Kay's hope that the county will contribute some money to help with the costs of providing this activity for the students. Last year the contribution from the county was $600.00. Attorney Uresk reminded the commission that in order to contribute financial aid the association asking for donation must show how this will benefit the county.

T Kay stated that the program gives the public a chance to spend some time with a handicapped person, this in turn encourages businesses to hire the handicapped.

Motion: Commissioner Ross motioned to appropriate $600.00 from discretionary funds to support and assist with expenses for the RC & D / Con Amore fishing day. The benefits of the program are that the handicapped and disabled children can enjoy recreation with other people and learn to fish. Commissioner Stradinger second, after asking Attorney Uresk if the motion was within the law for financial contributions. Motion carried. Roll Call Vote: All Commissioners Voting Aye.

...............Clayton Chidester and Jim Freston joined the meeting...............

Ordinance 01-175 - Zone Change - Nels Johnson
Mr. Johnson is requesting a zone change from AR-1 agricultural recreational a five-acre zone to 2.5 acre agricultural zone, Sec 35, T3S, R2W, located in the South Myton Bench area. Clayton informed the commission that all qualifications have been met, and the Planning Commission has given a positive recommendation.

Motion: Commissioner Stradinger motioned to grant the zone change request from Nels Johnson, from AR-1 five-acre zone to a 2.5 acre agricultural zone. Commissioner Ross second. Motion carried. Roll Call Vote: All Commissioners Voting Aye.

...............Walt Donaldson, Jack Lytle, Sean Davis DWR,
joined the meeting...............

Ordinance 01-176 - Zone Change - Lavaughn & Karla Gines
Mr. Gines is requesting a zone change from AR-1 agricultural recreational five-acre zone to C-2 Commercial zone for the purpose of operating a cement batch plant. Clayton explained that Mr. Gines currently has a special use permit. This permit has to be renewed every five years. The proposed zone change has been before the Planning Commission, and they have approved the change.

Mr. Doyle Turnbow spoke. He lives east of the batch plant and is objecting to the cement powder and dust all over everything, the noise and vibration from the plant, the smell of the diesel trucks and the wear and tear on the county road caused by the large cement trucks going in and out of the plant.

Mr. Gines replied that he is aware of the dust problems and has been trying to correct it with the use of dust bags on top of the silos.

Ervin Rhoades says he has a problem with the cement dust settling on his fields.

Commissioner Ross asked if there was a negative public response at the time the batch plant was placed there? The public did not have comments or complaints.

Doyle Turnbow acquired the property after the batch plant was already in place, and now is planning to retire there.

Commissioner Stradinger expressed great concern over commercial property being allowed to be zoned in at agricultural recreational zone area.

Motion: Commissioner Ross motioned to table any decision on this zone change until the commission personally inspects the plant on April 3, 2001 at 9:00 am. Motion second by Commissioner Stradinger. Motion carried. Roll Call Vote: All Commissioner Voting Aye.

2001 Beer License Renewal - Pinn Willies
Deputy Clerk/Auditor Carol Casey presented the application for renewal of the beer license for Pinn Willies, the application has been reviewed and approved by the sheriff's department.

Motion: Commissioner Ross motioned to accept the application from Pinn Willies for renewal. Commissioner Stradinger second. Motion carried. Roll Call Vote: All Commissioners Voting Aye

2001 Beer License Renewal - Hanna Bar & Lounge    
Deputy Clerk/ Auditor Carol Casey presented the application for a beer license for Hanna Bar & Lounge submitted by Mac Reber. The application has been reviewed and approved by the sheriff's department. Attorney Uresk feels that the county needs a copy of the lease agreement between Mr. Reber and the corporation who owns Hanna Bar & Lounge. This renewal will be placed on the agenda again after receipt of the lease agreement.

Planning & Zoning Board Appointments - Upper Country & County At-Large Seats.  Motion: Commissioner Stradinger motioned to change Alan White's seat to the Upper Country position. Commissioner Ross second. Motion carried. Roll Call Vote: All Commissioners Voting Aye.

The commission reviewed the applications for the Planning & Zoning county at large seat.

Motion: Commissioner Ross motioned to appoint Dean Brough to the Planning & Zoning Board County at-large seat. Commissioner Stradinger second. Motion carried. Roll Call Vote: All Commissioners Voting Aye.

Television Service Contract - Joe LeBeau
This agenda item will be addressed in next weeks commission meeting.

Sale of DWR (Department of Wildlife Resources) Property - Walt Donaldson   Mr. Donaldson, informed the commission of the Divisions of Wildlife Resources (DWR) plan to sell property owned by them in the bottom of Indian Canyon. The property located one mile southwest of Duchesne on Hwy 191 is 951 acres. (see attachment) The land will be sold with a deed and conservation easement and the proposed use of this land after sale is for agricultural purposes.

DWR Purchase of Lake Canyon Lake Property - Walt Donaldson

Mr. Donaldson stated that the Division is currently negotiating to acquire a natural lake and property in the Lake Canyon Drainage. The property is owned by JJNP Ranches and is approximately 4,900 acres.

A letter discussing their plan is as follows:

March 26, 2001

Duchesne County Commission
Mr. Guy Thayne, Chairman
Duchesne County Building
Duchesne, Utah 84021

Dear Commissioner Thayne:

The Utah Division of Wildlife Resources (Division) has been negotiating two land transactions over the last several years in Duchesne County, Utah. These negotiations were conceptually presented to the Duchesne County Public Lands Committee on February 21, 2001 and may conclude within the next several months. In accordance with Utah Code 23-21-1.5, the Division would like to notify you of these two land transactions and request your written support.

The transactions are as follow:
1. The Division will sell property owned in the bottom of Indian Canyon, located about one mile southwest of Duchesne City, Utah along U.S. Highway 191 (map attached). The size of the property is 951 acres. It will be sold with a Deed of Conservation Easement. The tenets of the Conservation Easement include: retain values for big game winter range (particularly mule deer), open spaces (except small acreage needed for agricultural purposes), and riparian maintenance along Indian Creek. The proposed use of this land after sale is for agricultural purposes; mainly livestock grazing and some alfalfa/pasture grass production. Public notice in the media on disposition of the property is expected to occur within the next 60 days.

2. The Division is currently negotiating through The Nature Conservancy (TNC) to acquire a natural lake and property in the Lake Canyon Drainage, located about seven miles south of the Strawberry River in Duchesne, County upstream from the Starvation Reservoir (map attached). It is important to note that these negotiations are still in progress, and that a contractual arrangement is now being discussed for possible finalization. The property is currently held by JJNP Ranches, and if successful the initial acquisition would be by TNC. The TNC and Division would negotiate a sales contract thereafter, and the property ownership would be transferred to the Division. The size of the property is approximately 4,900 acres. The proposed use of this land (if acquired) is as follows:

-Manage Lake Canyon Lake and three miles of inlet stream for recovery of Colorado River cutthroat trout (CRCT). This aquatic system would also be managed as a brood lake in order to provide other North Tavaputs waters with a stocking source for CRCT. This management effort would be a significant step in meeting the objectives of the approved Conservation Agreement and Strategy document (March, 1997) for this species; thereby reducing the potential for CRCT listing under the federal Endangered Species Act (1973).

-Improve watershed and range land on this property over the next 5-7 years, working with public and private agencies to increase forage, reduce noxious weeds, and restore riparian vegetation.

-Once watershed improvement and management security of the portion of property below the lake is achieved (2,800 est. acres), agricultural options will be offered to interested parties. Options discussed at the Duchesne Lands Committee include: livestock grazing leases, conservation easements, and associated property transactions.

-Manage the CRCT in Lake Canyon Lake as a quality sport fishery for local anglers.

If this transaction reaches the final agreement stage, public notice to the media will occur within 90 day of contractual acceptance.

As always, your support of fish and wildlife programs within Duchesne County is appreciated.

Sincerely

Walter K. Donaldson
Northeastern Region Supervisor

pc:    Senator Beverly Evans
    Rep. Gordon Snow
Bert Kuleza - Ashley National Forest
Dave Howell - Vernal Field Office BLM
Roland McCook - Ute Tribe Business Committee
Hugh Thompson - DNR
John Kimball - DWR
Robert Leake - Water Rights

Commissioner Thayne stated that he is not willing to agree to this unless the DWR sells back into private ownership all the land that is not needed for watershed improvement and the colorado cutthrout trout project. The commission expects the DWR to live by Duchesne County's general plan of no net loss to the county.  Commissioner Stradinger stated that she is not interested in DWR options that turn back to the public grazing leases or conservation easements because the control would ultimately still be under the DWR and the tax base would still be diminished.  Commissioner Ross reminded Mr. Donaldson of the county policy of a no net loss of land to state or federal ownership.

Mr. Donaldson assured the commission that it is the intent of the DWR to compensate by selling the land in Indian Canyon. Commissioner Stradinger stated that the sale of land in Indian Canyon does not comply with the no net loss policy because the acreage exchange is still not compliant.

Clayton Chidester stated that the Land Use Committee had recommended this proposal with the understanding that in five to seven years as mentioned above that approximately 2,800 acres of land will be offered back to the public for private ownership.

Motion: Commissioner Ross motioned to accept the land use proposal from the Division of Wildlife Resources, with the understanding that in the time of five to seven years depending on the restoration of the property it will be offered back to the public. Commissioner Stradinger seconded upon the no net loss policy be administered. Motion carried. Roll Call Vote: All Commissioners Voting Aye.

...............Carolyne Madsen, and Andrea Higbee joined the meeting...............

Legal Opinion Regarding Destruction of Public Records - Roland Uresk  Deputy Attorney Uresk prepared a memorandum concerning the audiotapes prepared by former clerk Pat Barker (see attachment). These audiotapes were never used as official minutes, and were maintained separately from the book of minutes. Nothing in the statute requires the County to preserve minutes of meetings by way of a video or audiotape, and since the county does not have a policy that all meetings are to be taped and in lieu of the fact that Mrs. Barker used the tapes for review in her preparation of detailed minutes, these tapes are what is considered to be work product of Mrs. Barker and not official records of the county.

The State Records Committee addressed this issue in 1998 and adopted a uniform standard setting the retention time for tape recordings of county commission meeting as one year.

"Therefore, it is the opinion of Deputy Attorney Uresk that the destruction of the tapes was lawful according to current state law. The allegation of wrongdoing and criminal conduct lodged against Mrs. Freston for the destruction of those tapes are frivolous and without any merit. I respectfully request that this matter be considered closed".

If the commission feels this matter deserves further investigation Roland suggested that it be referred to the Utah State Attorney General, or a county attorney's office in another county.

Motion: Commissioner Ross motioned to consider the matter of the destruction of Pat Barkers working audiotapes closed. Commissioner Stradinger second. Motion carried. Roll Call Vote: All Commissioners Voting Aye.

Auditor's Office - Vouchers - Tax Adjustments - Finances
Deputy Clerk/Auditor Andrea Higbee presented vouchers #72649 to 72726 totaling $94,528.12 for approval.

Motion: Commissioner Ross motioned to approve the vouchers. Commissioner Stradinger second. Motion carried. Roll Call Vote: All Commissioners Voting Aye.

Tax Adjustments - Assessor & Treasurer

Serial/Account	Year	Debit/Credit	Comment
0000723	2000	-$197.96	Mobile home not on property
HT-22-0177	2000	-$69.58	Double billed
901-8390	2000	-$588.17	Plus any late charges - assessed in error

Motion: Commissioner Stradinger motioned to approve the Tax Adjustments. Commissioner Ross second. Motion carried. Roll Call Vote: All Commissioners Voting Aye.

Adjournment: 3:30 PM

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