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 APRIL 9, 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, Commissioner Lorna Stradinger.

Others Present:  Road Supervisor Douglas Nielsen, Clerk/Auditor Diane Freston, Deputy Clerk/Auditor Carol Casey, Stan Wardle, Doyle Turnbow, Jeff & Denise Fabrizio, Tabiona Mayor Dennis Jones, Levaughn & Karla Gines, Irene Robb, Larry & Luke Defa, Mac Reber, Joe LeBeau, Jean Liddell, KNEU and Sheriff Stansfield.

Prayer: Clerk/Auditor Diane Freston
Pledge of Allegiance

Minutes:   The commission minutes for April 2, 2001 were reviewed and corrections made.

Motion:   Commissioner Stradinger motioned to approve the minutes with corrections and with further clarifications from Supervisor Nielsen and Commissioner Stradinger on road and fire issues. Commissioner Ross second. Motion carried. Roll Call Vote: All Commissioners Voting Aye.

Road Items - Douglas Nielsen
Doug stated that the bridge on county road #345 connecting to Hwy 87 better known as the Retallick road, is twenty-one feet wide, which is the same width as the road surface. Commissioner Ross feels that since this is an area that could receive a lot of snow it would be good to obtain a fifty-foot right of way. Doug stated that the power poles on the east side of the road would need to be moved back.

Doug stated that the road department is still working in the Pinon Ridge area.

Commissioner Stradinger asked if the road department could provide fill dirt for the hospital remodeling project. Doug said that he would visit with Hospital Administrator Brad LeBaron. Commissioner Ross reminded Doug that the hospital project has budgeted funds for this. Commissioner Thayne suggested that the county provide the fill, but the hospital will need to hire the equipment to haul it.

...............Roland Uresk & Clayton Chidester joined the meeting...............

Television Contract - Joe LeBeau
Joe LeBeau presented a proposed agreement consisting of a cost for one year amount to maintain all TV facilities owned by Duchesne & Uintah Counties. This agreement includes Duchesne County in the pay schedule of $2,295.00 per month along with Uintah County's payment. Joe has provided these services for many years. Uintah County has turned their television assets over to the Uintah Recreation District. The district has entered into an agreement with Televisions Systems (Joe LeBeau) for a greater contract amount than Duchesne County's agreed upon price. Uintah County's agreement with their district disrupts any previous agreements with Duchesne County. Attorney Uresk will review the counties working agreement and report back with recommendations to the commission.     Commissioner Stradinger stated that she had concerns about Mr. LeBeau's safety. Commissioner Stradinger is also very concerned that Uintah County turned their responsibility to Uintah Recreation District who made a contract with Mr. LeBeau that stated employment terms without consulting Duchesne County.

The commission reminded Joe that the new equipment must be installed by the end of June or the county could lose some channels. The commission and Mr. LeBeau along with the Uintah Recreation District will tour the television tower sites on Friday, April 13th.

Motion: Commissioner Ross motioned that after the television tower tour with Mr. LeBeau that the commission and Joe set a time to discuss the needs of the county for television service. Commissioner Stradinger second. Motion carried. Roll Call Vote: All Commissioners Voting Aye.

The commissioners scheduled a meeting with the recreational district, Uintah County Commissioners and themselves for 9:00 AM April 24th at the Crossroads Center to discuss the agreement with Joe LeBeau for television service and other issues.

Ordinance #01-176 - Zone Change - Levaughn & Karla Gines   The discussion for a zone change for Levaughn and Karla Gines began with Commissioner Stradinger stating that she feels badly about the situation of the Gines and Turnbow zoning dispute. Commissioner Stradinger stated that she empathizes with both parties. The Gines who operate a business on a 5 yr conditional use permit (no conditions were listed) and a neighbor who built a beautiful home in an agricultural/recreational district who now has an industry across the road that has noise and dust pollution land is not aesthetically pleasing. Commissioner Stradinger expressed dismay that the county showed such little foresight and planning, and that no conditions were listed on a conditional use permit and that there is now going to be a commercial zone in the middle of an agricultural/recreational zone.

Commissioner Ross took exception to Commissioner Stradinger's statement of counties lack of foresight and planning stating that he did not believe that this was the case.

Commissioner Thayne stated that the commissioners have inspected the cement batch plant in Tabiona.

Commissioner Ross has reviewed the minutes of the planning and zoning meeting five years ago when the conditional use permit was first reviewed. There was no evidence of any opposition at that time.

Mr. Gines stated that he would do anything feasible to get the dust and noise under control such as pouring sound barrier walls around the plant in an effort to contain the noise and dust.

Mac Reber representing the Tabiona/Hanna Water District, stated that the district is planning to use cement from Mr. Gines plant this summer for improvements. If the plant were to move it would mean they would have to purchase cement from Roosevelt, which would be costly. The water district is in favor of the zone change.

Tabiona Mayor Dennis Jones feels that the town and community needs the business. If it were to be moved Mr. Gines would have to go to a great expense. Mr. Jones is in favor of the zone change. What better place for the business than where it is.

Jeff Fabrizio said that he was 100% in favor of keeping the batch plant where is was. He stated that he was the owner of a sawmill in the valley. The people who already live here in the area and want to own and operate a business here have to use their own land. "We have no choice, we just can't afford to buy property in a different location" he stated.

Luke Defa feels that if Mr. Gines were required to move his business it would take him a year to do so, and financially he may never recover.

Commissioner Thayne feels that every community must take the initiative to designate commercially zoned areas to eliminate these same problems. This is a bad situation, two people are impacted by the conditional use permit, the business owner and the private citizen who builds a home in the same area. He feels that failure to plan years ago as a county allows these situations to arise.

ORDINANCE NO. 01-176
An Ordinance changing the Zoning from A/R-1 (Agricultural/Recreational), A 5-acre zone to C-2 (COMMERCIAL ) zone.

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 A/R (Agricultural/Recreational) to C-2 (Commercial) on a parcel of property located in Section 19, Township 1 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 A/R (Agricultural/Recreational) is changed to C-2 (Commercial) for the following parcel of property described as follows:  TOWNSHIP 1 SOUTH RANGE 7 WEST, USM SECTION 19: BEG AT A PT 23.625 RODS S OF NE/C SW4SE4 OF SEC 19, TH W 671/2 RODS; TH S 7.875 RODS; TH E 67 1/2 RODS; TH N 7.875 RODS TO THE PT OF BEG. 3.00 AC.

Motion: Commissioner Ross motioned to support the zone change request by Mr. Gines and approve ordinance 01-176. Motion seconded by Commissioner Stradinger with review of Planning and Zoning's specific language and consideration of placement of sound barriers. Motion carried. Roll Call Vote: All Commissioners Voting Aye.
   
Drug Court Discussion
The proposed drug court will be relatively cost free at this point. The main expense to Duchesne County is going to be for the cost and use of a vehicle. Other funding will come from approx. 15% of the allotted funding going to Northeastern Counseling.   Commissioner Stradinger was concerned that this would hinder Northeastern Counseling's program.  Duchesne County and Uintah County will share judges, and Mr. Wallentine will administer the program. The drug court may assist in getting control of drug use in the county. Sheriff Stansfield is in favor of the program "If we can save just one or two individuals it's worth the expense" he stated.

Motion: Commissioner Ross motioned to support the Drug Court expanding to Duchesne County. Motion carried. Roll Call Vote: Two Commissioners Voting Aye. Commissioner Stradinger Voting Nay. Commissioner Stradinger stated that she "cannot go along with the proposal at this time, there are too many unanswered questions". Commissioner Stradinger stated that she is philosophically opposed to drug court because she believes that the manpower to track drug users will be enormous and that there are enough flaws ( for instance the availability of substances to clean up urine sample(s). She is also concerned that although a federal grant funds most of the program the county might have to pick up the bill at a later date when it may no longer by funded by federal/state programs.

CIB Hearing - 3:00 PM
For the purpose of securing a 1 million dollar grant/loan combination for the construction of a new mental health and substance abuse treatment center to be built in the Roosevelt Area.

Commissioner Thayne welcomed all present to Duchesne County's Permanent Community Impact Fund Public Hearing.

Those present were Commission Chairman Guy R. Thayne, Commissioner Larry S. Ross, Commissioner Lorna Stradinger, Diane Freston, Clerk/Auditor, Carol Casey, Deputy Clerk/Auditor, Roland Uresk, Deputy County Attorney, Kyle Snow and Linda Olsen from Northeastern Counseling.

Commissioner Thayne stated that the purpose of this hearing was to get public input on the following:   Northeastern Counseling is requesting the commission support for CIB funding for construction of a building in Roosevelt. The County Municipal Building Authority would be the vehicle by which the loan/grant would be obtained. The proposed new building will have 10,000 square ft. and be similar in structure as the building in Uintah County. It has been suggested that about 50% of the staff work out of the Roosevelt area, and Northeastern is spending over $32,000 a year for rent. The proposed plan would be to receive a $650,000 - 20 yr no or low interest Loan from CIB and a $350,000 Grant, thus making the payments approx $32,000 per year and doubling the working space.

Commissioner Thayne asked if there was any public input.
Kyle Snow addressed the group in stating that he was in support of the proposed $1 million CIB loan/grant mix mostly because of the additional space for the same rent that Northeastern Counseling is paying now.

Linda Olsen also stated that she was in support of the project.
Commissioner Stradinger stated that she was concerned about the county's debt load and asked how this project would affect Duchesne County financially? Because the Municipal Building Authority is under Duchesne County's umbrella the more debt Duchesne County acquires the more our bonding ability is limited.
Commissioner Ross asked if Northeastern Counseling would be agreeable to paying a $10,000.00 administration fee. Mr. Snow agreed to pay the administration fee to cover the monitoring of the grant and other costs involved to the county.

Motion: Commissioner Ross motioned to prepare a letter of support for the Northeastern Counseling Center Project to the Permanent Community Impact Fund Board. Commissioner Stradinger second. Motion carried. Roll Call Vote: All Commissioners Voting Aye.

Motion: Commissioner Stradinger motioned to close the public hearing. Commissioner Ross second. Motion carried. Roll Call Vote: All Commissioners Voting Aye.

CIB Hearing adjourned at 3:40 PM.

Auditor's Office - Vouchers - Tax Adjustments - Personnel Issues  Vouchers: Diane Freston presented vouchers #72790 to 72893 totaling $169,422.32 for approval.  Motion: Commissioner Ross motioned to approve the vouchers. Commissioner Stradinger second. Motion carried. Roll Call Vote: All Commissioners Voting Aye.
   
Tax Adjustment - Assessor

Serial/Account	Year	Debit/Credit	Comment
008-8108	2001	-$140.01	Double Billed

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

Beer License Approval - Hanna Lounge
Carol Casey presented Mac Reber's Commercial Lease Agreement with Hanna Lounge for the commission to review. (see attachment)

Motion: Commissioner Stradinger motioned to grant a beer license to Mac Reber to sell beer. Commissioner Ross second. Motion carried. Roll Call Vote: All Commissioners Voting Aye.

Adjournment:  4:00 PM

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