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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
AUGUST 23, 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 Douglas Nielsen, and Andrea Arnold taking minutes.

Opening Comments
Commissioner Stradinger gave prayer. Commissioner Ross asked if there were further comments.  There were none.

Pledge of Allegiance
Any wishing to participate.

Road Items
Mr. Douglas Nielsen stated the road department has been chipping in the Myton area and plan to chip in the Arcadia area next. Commissioner Peatross asked how long the road department would be chipping. Mr. Nielsen responded for approximately two (2) weeks. He stated the road department has completed forty thousand, forty-one point twenty-three (40,041.23) tons of paving this season. He stated there has been nine point five (9.5) miles of new pavement; eight point twenty-five (8.25) miles of overlay and it took the road department thirty-nine (39) working days this season. Commissioner Peatross asked who provided the chips. Mr. Nielsen stated that Burdick Paving provided the chips and the chipper.

Commissioner Ross stated the county has received a letter from Horrocks Engineering that informs the commission that there is a potential for the county to lose federal funding for the Arcadia Road Project if the Bureau of Indian Affairs (BIA) does not produce their share of the agreed funding amount for the project. Mr. Nielsen will deliver a copy of the letter to the Ute Tribe Business Committee so they are aware.

...Deputy County Attorney Roland Uresk joined the meeting...

Approval of Contract with Basin Industries
Attorney Uresk stated he does not have the contract completed for signing at this time. This agenda item will be postponed until August 30, 2004.

Resolution No. 04-13 Designating Representative and Alternate Representative to Utah Counties Insurance Pool
This is a resolution designating Commission Chairman Larry Ross as the county’s representative for the Utah Counties Insurance Pool and Deputy Clerk/Auditor Judy Mutton as alternative representative. Commissioner Stradinger motioned to approve Resolution No. 04-13. Commissioner Peatross seconded the motion. All commissioners voted aye and the motioned passed.

Ordinance No. 04-226 Extending the Residential Treatment Center Conditional Use Permit Moratorium
Attorney Uresk stated this is an ordinance to extent the commissioner’s time to review and amend the county’s ordinance for residential treatment centers. Commissioner Peatross motioned to approve Ordinance No. 04-226. Commissioner Stradinger seconded the motion. All commissioners voted aye and the motion passed.

Application for a Beer License – All Country Tack, Feed & Groceries
Deputy Clerk/Auditor Carol Casey presented the application from All Country Tack, Feed & Groceries for a beer license. She stated this business was formerly called the Fruitland General Store and is now under new ownership. Commissioner Stradinger motioned to approve the beer license application. Commissioner Peatross seconded the motion. All commissioners voted aye and the motion passed.

Consideration of Morning Agenda Items
The commission has approved the application for LSTA funding that was presented in morning meeting. Commissioner Peatross motioned to approve the application. Commissioner Stradinger seconded the motion. All commissioners voted aye and the motion passed.

Minutes of Meeting Held August 16, 2004
Commissioner Peatross motioned to approve the minutes as corrected. Commissioner Stradinger seconded the motion. All commissioners voted aye and the motion passed.

Vouchers
Andrea Arnold presented vouchers #89226 through #89299 in the amount of one hundred thirty-eight thousand, seven hundred fifty-six dollars and eighty-eight cents ($138,756.88). Commissioner Stradinger motioned to approve the vouchers. Commissioner Peatross seconded the motion. All commissioners voted aye and the motion passed.

...Michael Brennan of Uinta Management Group (UMG) joined the meeting...

Other Business
Mr. Michael Brennan stated the road department is in need of a speaker paging system. He stated he has been in contact with a vendor who is willing to install the system for the road department in exchange for the administration building’s old phone system. He stated this would leave no cost for the road department. Commissioner Ross asked Mr. Nielsen if he was in favor of this arrangement. Mr. Nielsen stated he was. Commissioner Peatross motioned to approve the arrangement. Commissioner Stradinger seconded the motion. All commissioners voted aye and the motion passed.

...Attorney Jim Beckwith, LaDenna Humes, Allen Humes, Ella Mae Johnson, DuWayne Johnson, James Humes, Robert Humes, Steven Bench, Nathan Robinson, Kathy Robinson, Kellie Robinson, Max Broadhead, Grace Broadhead, Allan Smith, Bill Coleman and Bonnie Coleman joined the meeting...

2:00 p.m. Public Hearing - Request to Vacate Class ‘D’ Roads in the Fruitland Area at the Following Locations: Township 2 South Range 9 West USM; All of Sections 34, 35 and 36.
Township 3 South Range 9 West USM; Sections 1, 2 and 3; and All of Sections 10, 11, 12 and 14
Commissioner Ross welcomed the public and explained the purpose of the hearing. He stated the commission has received a request from Mr. Bill Coleman asking that the county vacate its interest in certain Class ‘D’ Roads in the Fruitland area. He stated Attorney Jim Beckwith would be representing the Coleman’s in this matter. He asked Attorney Beckwith to address the commission. Attorney Beckwith stated he previously submitted a detailed report to the commission to request the vacation of Class ‘D’ Roads in the Fruitland area. He stated he would summarize that report today. He stated the Coleman’s originally owned twenty-two (22) sections in Duchesne County that was formerly part of Wasatch County before Duchesne County was incorporated. He stated that through the years some of those sections have been sold. In 1978, the county adopted the state’s Class ‘D’ Road map and the Coleman’s would like the county to vacate their interest to some of the roads that have never been open to the public. He stated there is an exception to a road in Section Ten and Fifteen in Township Three South, Range Nine West, Uintah Special Meridian (Sec. 10 & 15; T3SR9W, USM). He stated there is a road that follows the section lines the Coleman’s wish to remain public. This road gives access to a cemetery. Commissioner Ross asked Attorney Beckwith to show him on the map the location of the cemetery. Attorney Beckwith did so. Commissioner Ross asked if there were any questions. There were none. Commissioner Ross asked if Attorney Uresk had any comments. Attorney Uresk stated that today was the opportunity to give any oral comments concerning this request and that the commission would accept written comments for seven (7) days after the hearing. Mrs. Ella Mae Johnson stated she is in favor of keeping the road to the cemetery public. Commissioner Ross stated that road continues through to Wasatch County. He asked if anyone knew Wasatch comments for the road. Attorney Beckwith stated that road becomes private when you cross over to Wasatch County. Mr. Allan Smith stated he was in favor of keeping the road to the cemetery open. Mr. DuWayne Johnson stated he owns property on the road to the cemetery and uses the road year round. He stated there are several other residences on that road as well. Attorney Uresk stated that a County Class ‘B’ Road fronts all the residences in that section. Mr. Nathan Robinson asked if the roads were closed to the public if it would affect the fire department when trying to respond to emergencies. Mr. Bill Coleman asked if he had a key to the Bandanna Ranch gate. Mr. Robinson stated to access roads. Attorney Beckwith stated that the vacated roads could be accessed for fire and emergency responses only. Commissioner Ross asked if the Division of Wildlife Resources had put restrictions on the cemetery. Mrs. Johnson stated they had and she would like to plant grass in the cemetery. Commissioner Ross stated the commission would look into the restrictions. He asked if there were any further comments. There were none. The commission will respond to the request at a later date.

Adjournment
The commission adjourned the meeting at 3:00 p.m.

 

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Duchesne County Clerk-Auditor
734 N Center Street

PO Box 910
Duchesne, UT  84021

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