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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
MARCH 15, 2004 BEGINNING AT 1:00 P.M.
IN THE COMMISSION BOARD ROOM
IN DUCHESNE, UTAH

Present:  Commission Chairman Larry S. Ross, Commissioner Kent Peatross, Road Supervisor, Doug Nielsen, Deputy Attorney Roland Uresk and Andrea Arnold taking minutes.

Road Items
Commissioner Peatross asked if the road list had been finalized. Mr. Nielsen stated it is almost complete. Commissioner Ross asked about the status of the Mt. Emmon’s Cemetery repairs. Mr. Nielsen stated the Mt. Emmon’s Cemetery is covered in snow so he cannot tell what needs to be done. He will contact Ms. Julie Jessen to see what needs to be done.

Appointment of East Justice Court Judge
Commissioner Peatross motioned to appoint Mr. Jack D. Peterson to the position of East Precinct Justice Court Judge. He will be completing the un-expired term of the late Judge Floyd Nielsen. Commissioner Peatross stated the commission had reviewed twelve (12) very good candidates to complete the term. Commissioner Ross seconded the motion. Both commissioners voted aye and the motion passed.

Resolution 04-04 Approving the Sale of the Former Roosevelt Senior Center
Attorney Uresk presented the following resolution for approval:

RESOLUTION NO. 04-04

A RESOLUTION AUTHORIZING THE SALE OF THE BUILDING KNOWN AS THE FORMER SENIOR CITIZEN CENTER IN ROOSEVELT, UTAH

WHEREAS, Duchesne County is the owner of a building located in Roosevelt, known as the former senior citizens building; and,
WHEREAS, Duchesne County no longer has a need for said building and desires to declare the building surplus property; and,
WHEREAS, Duchesne County has had the building appraised by the Duchesne County Assessor’s Office, and such value is Fifty Five Thousand Dollars ($55,000.00); and
WHEREAS, Duchesne County advertised for bids for the sale of said building; and
WHEREAS, Duchesne County received a bid in the amount of Fifty Thousand Dollars ($50,000.00); and,
WHEREAS, Duchesne County deems this to be a fair price for said building and desires to sell said building for said price.
Be it hereby resolved by the Board of County Commissioners of Duchesne County that;

1. The building located in Roosevelt known as the former Senior Citizen Center is deemed to be surplus property.

2. The board of County Commissioners find that the bid of Fifty Thousand Dollars ($50,000.00) on the part of Kevin L. and Ralene Scott is a fair bid for said property and hereby authorize the sale of said property to Kevin L. and Ralene Scott for the sum of Fifty Thousand Dollars ($50,000.00).

Commissioner Peatross motioned to authorize the sale of the former Roosevelt Senior Center to Kevin and Rolene Scott. Commissioner Ross seconded the motion. Both commissioners voted aye and the motion passed.

Consideration of Morning Agenda Items
Attorney Uresk presented the following Ordinance #04-219 Establishing a Moratorium on Issuing Conditional Use Permits for Group Homes, Residential Treatment Centers and Similar Operations.

ORDINANCE NO. 04-219

AN ORDINANCE ESTABLISHING A MORITORIUM ON ISSUING CONDITIONAL USE PERMITS FOR GROUP HOMES, RESIDENTIAL TREATMENT CENTERS, AND SIMILAR OPERATIONS

WHEREAS, Duchesne County has a zoning ordinance which allows the use of a group home in various zones pursuant to a conditional permit; and,
WHEREAS, this provision in the zoning ordinance is out dated and does not reflect the new designation of residential treatment centers nor does it differentiate between the types of residential treatment centers; and,
WHEREAS, Duchesne County desires to amend and update its zoning ordinance to address the issues arising group homes, residential treatment centers, and similar type operations within the county; and,
WHEREAS, Duchesne County finds that to allow further applications for group homes, residential treatment centers, and similar type operations until it has had an opportunity to review its current ordinance would be detrimental to the general public; and,
WHEREAS, it is in the public interest to ascertain the standards to be applied to the conditional use permits for group homes, residential treatment centers, and similar type operations.
It is hereby ordained by the Board of County Commissioners of Duchesne County that:

3. The Board of County Commissioners of Duchesne County find that:
     a.  The adoption of this moratorium and restriction on issuance
          of conditional use permits for group homes, residential
          treatment centers, and similar operations is a compelling
          public interest;
     b.  To allow the county to conduct public hearings and receive
          input on requirements for issuing conditional use permits for
          group homes, residential treatment centers, and similar types
          of operations, including the definitions of said operations is
          also in the public interest and;
     c.  To allow the issuance of these permits prior to addressing the
          issues of definitions and qualifications would exacerbate to
          existing problems in the community.

4. There shall be no issuance of conditional use permits for group homes, residential treatment centers, and similar type operations for a period up to four (4) months from the signing of this ordinance.

5. During this period of four (4) months, that the moratorium is in effect, the county shall conduct hearings and discussions to establish a policy that may include amending the existing zoning ordinance concerning the issuance of conditional use permits for group homes, residential treatment centers, and similar type operations.

The commission discussed establishing the moratorium in morning meeting at the recommendation of the Duchesne County Planning Commission. Commissioner Peatross motioned to approve the ordinance to establish the moratorium on conditional use permits for residential treatment centers and similar operations. Commissioner Ross seconded the motion. Both commissioners voted aye and the motion passed.

Other Business
Commissioner Peatross motioned to adopt the Memorandum of Understanding between TriCounty Health Department and Duchesne County as cooperating agencies during a bioterrorist event and designating Georg Adams as the point of contact for Duchesne County (see attached agreement). Commissioner Ross seconded the motion. Both commissioners voted aye and the motion passed.

Vouchers
Andrea Arnold presented vouchers #87226 through #87378 in the amount of four hundred seventeen thousand, eight hundred nineteen dollars and six cents ($417,819.06). Commissioner Peatross motioned to approve payment of the vouchers. Commissioner Ross seconded the motion. Both commissioners voted aye and the motion passed.

...Deputy Clerk/Auditor Leann Stewart joined the meeting...

Department Head Timesheets
Leann Stewart presented department head timesheets for signatures. All were approved.

Minutes of Meeting Held March 8, 2004
Commissioner Peatross motioned to approve the minutes as corrected. Commissioner Ross seconded the motion. Both commissioners voted aye and the motion passed.

...Deputy Treasurer Jamie Park joined the meeting...

Treasurer Tax Adjustments
Jamie Park presented the attached tax relief request from Attorney David Hardy on property account #00-008-8421. Commissioner Peatross motioned to deny the request to waive penalties and interest for property #00-008-8421 based on a lack of reasoning. Commissioner Ross seconded the motion. Both commissioners voted aye and the motion passed.

...Georg Adams joined the meeting...

Neola Fire Station
Mr. Adams stated he has obtained quotes for the structure of the construction of the Neola Fire Department. Commissioner Peatross motioned to prepare and advertise the bid process in two phases. Commissioner Ross seconded the motion. Both commissioners voted aye and the motion passed.

Adjournment
The commission adjourned the meeting at 4:00 p.m.
 

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Duchesne County Clerk-Auditor
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Duchesne, UT  84021

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