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
MAY 24, 2004 BEGINNING AT 1:00 P.M.
IN THE COMMISSION BOARD ROOM
IN DUCHESNE, UTAH

Present:  Commission Chairman Larry S. Ross, Commissioner Lorna Stradinger, Commissioner Kent Peatross, Road Supervisor, Doug Nielsen, Phil Johnson of the Uintah Basin Standard, Jean Liddell of KNEU Radio, Congressional Candidate Tim Bridgewater, Jack Petersen with family and Andrea Arnold taking minutes.

Prayer: Commissioner Ross
Pledge of Allegiance:  All wishing to participate.

Road Items
Mr. Douglas Nielsen informed the commission that the screening plant for the crusher at the Altamont site has arrived and should be running by Thursday. Commissioner Peatross stated he might make a visit to the site to observe the crusher. He asked what type of engine the crusher had. Mr. Nielsen stated it operated with a two hundred horsepower (200 HP) electric motor.

Commissioner Peatross stated he had a conversation with Weed Department Supervisor Ron Johnson concerning weed spraying and weed cutting tasks for the summer. He asked if the road department is coordinating time schedules with the weed department for these tasks. Mr. Nielsen stated they were and that they would begin weed cutting in Neola based on Mr. Johnson suggestion. Commissioner Ross suggested they cut closer to the ground in right-of-ways because the stumps could be a danger. Mr. Nielsen stated the crew chemically treats the stumps.

Discussion With Candidate for 2nd Congressional District Tim Bridgewater
Mr. Bridgewater stated he would like to share some brochures with the commission concerning public land issues and other issues of concern for rural areas. He asked the commission if there were any specific areas of concern they would like to discuss. Commissioner Peatross stated a major area of concern for Duchesne County was the Central Utah Water Project and the mitigation of property by using eminent domain. He stated it was his opinion that the officials responsible for the project are using power in a way they should not. Mr. Bridgewater stated he has had an extensive conversation with Mr. Richard Turnbow concerning the attempts by the mitigation commission to obtain his property. Mr. Bridgewater asked if the current representative has been any help with this issue. Commissioner Stradinger stated he had not. Mr. Bridgewater stated he was concerned with the issue of rural counties not receiving their share of mineral lease monies from the state. He stated he feels the formula for collection and distribution of the monies is quite tedious. Commissioner Ross stated it is a concern for Duchesne County. He stated another issue was the listing of endangered species such as the prairie dog and sage grouse. Mr. Bridgewater stated his viewpoint of this process is that it is not scientifically theorized. He stated the process has only realistically saved approximately fifteen (15) species when hundreds have been listed. He stated he feels environmental groups use this process to hinder development of rural areas. He stated a few viewpoints were that he feels Bureau of Land Management Managers should be elected locally so they are aware of the issues of the community, there should be more small business opportunities and that the tax rate should be replaced with a flat rate. Commissioner Ross asked if he were elected if he would make contact with the county more often to discuss issues. Mr. Bridgewater stated he intended to open an office in the Uintah Basin with a staff to address issues of the area if needed. The commission thanked Mr. Bridgewater for his time.

Adoption of Resolution No. 04-11 Procedure and Guidelines for the Opening of Public Meeting
The commission reviewed the following resolution:

RESOLUTION NO. 04-11

A RESOLUTION ADOPTING PROCEDURE AND GUIDELINES FOR THE OPENING OF THE REGULARLY SCHEDULED DUCHESNE COUNTY COMMISSION MEETING

WHEREAS, Duchesne County traditionally has opened its meetings with prayer and the pledge of allegiance; and
WHEREAS, Duchesne County is aware of certain case law pertaining to prayers at public meetings and constitutional provisions regarding the separation of church and state; and,
WHEREAS, Duchesne County would like to continue its traditional opening of its meetings; and,
WHEREAS, Duchesne County recognizes that its citizens hold differing beliefs; and
WHEREAS, the commission meeting for Duchesne County is for the benefit of its residents and property owners who have an interest in Duchesne County; and,
WHEREAS, Duchesne County recognizes that an effective meeting requires certain controls as to time and place, and seeks to establish guidelines for participants in the opening so as not to interfere with the conduct of the meeting.
BE IT THEREFORE RESOLVED that:

     1. Regularly scheduled county commission meetings shall be opened with a period of time, not to exceed ten (10) minutes, for prayer, reflection, or comment. This period of time shall be known as “Opening”
     2. The Opening shall be opened and conducted by a commissioner. Upon completion of the commissioner’s remarks, time shall be given to no more than two other participants to make remarks.
     3. Each participants remarks shall be limited to no more than three (3) minutes.
     4. Remarks can take the form of prayer, moments of silence for a stated purpose, or comments.
     5. Participants in the opening shall be limited to only residents or owners of property within Duchesne County.
     6. Other than the commissioner who will be conducting, all participants shall schedule their participation no less than seven (7) days in advance of the meeting they intend on making their remarks. Participants shall provide the name of the individual designated to give the remarks, the individuals residential address or location of property owned in Duchesne County, and the nature of the remarks.
     7. Remarks shall not be of an obscene nature, or using vulgar or inappropriate language.
     8. Preference shall be given to those individuals who have not previously participated in the opening.

PASSED this 24th day of May 2004, by the Board of County Commissioners.

Commissioner Peatross motioned to approve Resolution 04-11. Commissioner Stradinger seconded the motion. All commissioners voted aye and the motion passed.

...Planning & Zoning Director Teresa Nielsen joined the meeting...

Decision for Zone Change Requested by John and Martha Sammond for a change from an A-10 Agricultural ten-acre minimum zone to an A-5 Agricultural five-acre minimum zone. Property is located in Fruitland, Utah and is described as SEC 35 T3S R9W USM, SE4NE4SE4; SUBJECT TO A 50 FT. EASEMENT, 10.00 AC.
Mrs. Teresa Nielsen presented a letter for the commission to review stating that the county commission will uphold the planning commission’s decision to deny the zone change request by Mr. and Mrs. Sammond (see attached). Commissioner Peatross stated his primary concern was that at this time the intention of the property is for recreation but in the future it may become used for a primary residence. Commissioner Stradinger stated her opinion in regards to the letter is that it is a way to re-educate the public concerning property and water issues in this area. The commission recognizes that in the past some parcels have been split. Lack of culinary water in subdivisions is a growing concern because lack of water tends to diminish quality growth. Commissioner Peatross motioned to deny the zone change request. Commissioner Stradinger seconded the motion. All commissioners voted aye and the motion passed.

Minutes of Meeting Held May 17, 2004
Commissioner Stradinger motioned to approve the minutes as corrected. Commissioner Peatross seconded the motion. All commissioners voted aye and the motion passed.

...Deputy County Attorney Roland Uresk, Clerk/Auditor Diane Freston, Deputy Clerk/Auditor Judy Mutton and Personnel Director Carrie Mascaro joined the meeting...

Appointment of East Precinct Justice Court Judge
Clerk/Auditor Freston swore Mr. Jack David Petersen into office effective June 1, 2004. The commission congratulated Mr. Petersen and wished him the best in his new position.

Vouchers
Andrea Arnold presented vouchers #88051 through #88150 in the amount of four hundred forty-five thousand, sixty-five dollars and eighty-eight cents ($445,065.88). Commissioner Peatross motioned to approve the vouchers. Commissioner Stradinger seconded the motion. All commissioners voted aye and the motion passed.

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

Department Head Time Sheets
Deputy Stewart presented department head time sheets for signatures. All department head time sheets were approved.

Adoption of Ordinance No. 04-220 Dry Subdivisions
Deputy Attorney Uresk presented Ordinance No. 04-220 (original is on file in the County Clerk’s Office) an ordinance amending Title 16 to address the issue of culinary water sources for subdivision development for review.

The commission recessed at 2:30 p.m. to read the ordinance in its entirety.

Meeting resumed at 3:10 p.m. Commissioner Stradinger motioned to adopt Ordinance No. 04-220 Amending Title 16 to Address the Issue of Culinary Water Sources for Subdivision Development. Commissioner Peatross seconded the motion. All commissioners voted aye and the motion passed.

Adjournment
The commission adjourned the meeting at 3:15 p.m.
 

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