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
DECEMBER 13, 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 R. Peatross, Road Department Supervisor Forrest Bird, County Planner Mike Hyde, Gerald Wilkerson, Ron & Jeanette Rodger, Byron Rock, and Carol Casey taking minutes.

Opening Comments:  Commissioner Peatross gave prayer.  Commissioner Ross asked if there were any further comments.  There were no other comments. 

Pledge of Allegiance:  Any wishing to participate.

Road Items
Road Supervisor Forrest Bird stated they are currently working on County Road 287 (CR 287) in the Ioka area. Crews are also replacing a culvert on County Road 57 (CR 57). The road department is taking advantage of the recent warm weather by doing some patchwork. Mr. Bird stated that the contractors are finished with the approach pads and are putting fill in for the Lake Fork Bridge.

Consideration of Resolution No. 04-18 Amending Resolution No. 01-11
Planning and Zoning Director Mike Hyde reviewed the membership of the Public Land Use Committee. He stated that the new resolution changes the position of the planning director to an ex-officio member. Commissioner Peatross motioned to adopt Resolution 04-18 changing the make-up of the Public Land Use Board. Commissioner Stradinger seconded the motion. All commissioners voted aye and the motion passed.

RESOLUTION NO. 04-18
A RESOLUTION AMENDING RESOLUTION NO. 01-11 ADJUSTING THE MEMBERSHIP OF THE
PUBLIC LAND USE COMMITTEE

WHEREAS, Resolution No. 98-20 established the Duchesne County Public Land Use Committee; and,

WHEREAS, Resolution No. 00-28 amended Resolution No. 98-20 by reducing the size of the Committee from eighteen (18) to seven (7) members, with the membership representing the following sectors of the county: General Populace, Natural Resources, Timber Resources, Farm Bureau-Permittee-Cattlemen-Agricultural, Recreation Resources, Economic Development and County Official; and,

WHEREAS, Resolution No. 01-11 amended Resolution No. 00-28 to add an eighth (8th) member to the Duchesne County Public Land Use Committee, representing the Duchesne County Water Conservancy District; and,

WHEREAS, the Duchesne County Commission has determined that it would be in the best interests of the County to designate the County Official member as an “ex-official” or advisory member of the Committee and to re-create the Committee position representing the Cultural and Historic Resources sector.

BE IT THEREFORE RESOLVED by the Board of County Commissioners for Duchesne County that:

SECTION 1. Resolution No. 01-11 is amended as follows:
(4)	The appointments to the Public Land Use Committee shall be one (1) member from each of the following representative groups, to wit:
	a)	General Populace,
	b)	Natural Resources,
	c)	Timber Resources,
	d)	Recreation Resources,
	e)	Economic Development Resources,
	f)	Historical and Cultural,
	g)	Farm Bureau, Federal Permittees, Cattlemen, or Agriculture,
	h)	Duchesne County Water Conservancy District.
	The Duchesne County Community Development Administrator shall serve as an ex-officio member of the Committee. The Duchesne County Commission may appoint alternates to serve when regular Committee members are not able to attend a meeting.

 

SECTION 2. The names, areas of interest and terms of the committee are presently as follows:
Name	Area of Interest	Term Expires
Randy Crozier	Water Conservancy District	December 2006
Larry Defa	Timber Resources	December 2007
Marc Eckels	Natural Resources	December 2004
Dale Hanberg	Recreation Resources	December 2004
Irene Hansen	Economic Development	December 2004
Keith Jensen	Farm Bureau, Federal Permittees, Cattlemen, or Agriculture	December 2007
Bert Jenson	Historical and Cultural	December 2006
Iris Wilson	General Populace	December 2004

 

SECTION 3. The provisions of Resolutions No. 98-20, 00-28 and 01-11 not amended by this Resolution shall remain in full force and effect.

 
Presentation of Car Removal Incentive Money
There were 224 cars in the drawing and the commission felt the contest was very successful. Mr. Mike Hyde presented a check in the amount of $1390.00 to the winner of the unincorporated drawing to Ron and Jeanette Rodgers. Mr. Hyde then presented a check in the amount of $850.00 to Mr. Byron Rock winner of the drawing for the incorporated cities.

Consideration of Resolution No. 04-19 Amending Resolution No. 04-15
Planning Director Mike Hyde and the commission agreed that in the next go round the county will not separate the unincorporated areas from the cities. They will split the pot into five (5) winners. The winning percentages would be fifty percent (50%) for first place, twenty percent (20%) for second place, fifteen percent (15%) for third place, ten percent (10%) for fourth place and five percent (5%) for fifth. There will be a $3000.00 maximum and additional go rounds will be added. The first drawing will be held no later than the county clean-up date in the spring of 2005. Commissioner Stradinger motioned that the pot be split into five (5) winners. The winning percentages would be fifty percent (50%) for first place, twenty percent (20%) for second place, fifteen percent (15%) for third place, ten percent (10%) for fourth place and five percent (5%) for fifth. There will be a $3000.00 maximum and additional go rounds will be added as needed. Commissioner Peatross seconded. All commissioners voted aye and the motion passed.

RESOLUTION NO. 04-19
A RESOLUTION AMENDING RESOLUTION NO. 04-15 AND THE JUNK VEHICLE REMOVAL INCENTIVE PROGRAM

WHEREAS, Resolution No. 04-15 established the Duchesne County Junk Vehicle Removal Incentive Program; and,

WHEREAS, the Duchesne County Commission has determined that it would be in the public interest to continue and amend this program to improve the appearance of the County.

BE IT THEREFORE RESOLVED by the Board of County Commissioners for Duchesne County that:

SECTION 1. Resolution No. 04-15 is amended as follows:
(2)	A part of the removal program shall be a drawing to be held on dates determined by the County Commission and the awarding of cash prizes as set out below to the winners of the drawing.
(3)	The drawing shall consist of five cash prizes (First Place to receive 50% of the prize fund, Second Place to receive 20% of the prize fund, Third Place to receive 15% of the prize fund, Fourth Place to receive 10% of the prize fund and Fifth Place to receive 5% of the prize fund).
(5)	Duchesne County shall place ten dollars ($10.00) into the prize fund for every vehicle removed from property within the County to a maximum of $3,000.00.
SECTION 2. The provisions of Resolution No. 04-15 not amended by this Resolution shall remain in full force and effect.

Consideration of Ordinance No. 04-231 Amending the Duchesne County Zoning Ordinance
Planning and Zoning Director Mike Hyde explained that the ordinance will remove the County Surveyor as member of the Duchesne County Board of Adjustment and will designate him as an ex-officio member of the Board. Commissioner Peatross motioned to adopt Ordinance No. 232 as written. Commissioner Stradinger seconded the motion. All commissioners voted aye and the motion passed.

ORDINANCE #04-231
AN ORDINANCE AMENDING THE DUCHESNE COUNTY ZONING ORDINANCE, DESIGNATING THE DUCHESNE COUNTY SURVEYOR AS AN EX-OFFICIO MEMBER OF THE DUCHESNE COUNTY BOARD OF ADJUSTMENT

WHEREAS, the Duchesne County Surveyor is currently a voting member of the Board of Adjustment; and,

WHEREAS, it is desired that the County Surveyor continue to assist the Board of Adjustment; however, in an advisory or “ex-officio” capacity.

BE IT HEREBY ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS that:

SECTION 1. Section 17.04.060 of the Duchesne County Code is amended as follows:
17.04.060	Staff Support:
	The staff of the Duchesne County Planning, Zoning & Community Development Department shall perform the planning functions of the county and shall provide recommendations on all amendments to the general plan and all applications for development approval, permits, licenses, and appeals and shall perform all such other functions as may be requested by the county commission, the planning commission and board of adjustment, as authorized. In addition, the Duchesne County Surveyor shall serve as an ex-officio or advisory member of the Board of Adjustment. Other county departments and staff shall provide additional support and assistance to the board of county commissioners, planning commission and board of adjustment as required.
SECTION 2. Severability.
	If any court of competent jurisdiction declares any Section of this Ordinance invalid, such decision shall be deemed to apply to that Section only, and shall not affect the validity of the Ordinance as a whole or any part thereof other than the part declared invalid.
SECTION 3. Effective Date.
	This Ordinance shall become effective immediately upon passage.

Vouchers
Clerk/Auditor Diane Freston presented the vouchers # 90938 to # 90977 totaling fifty-four thousand four hundred ninety nine dollars and twelve cents ($54,499.12 for commission approval. Commissioner Stradinger motioned to approve the vouchers. Commissioner Peatross seconded the motion. All commissioners voted aye and the motion passed.

Tax Adjustments – Assessor – Auditor
Clerk/Auditor Diane Freston presented the following tax adjustments

Acc #	Year	+Debit/ -Credit	Comments
BU-91-0535	04	-$4,549.11	Rig left State
00-0707-0001	03	-$478.17	2003 State appeal

Commissioner Peatross motioned to accept the tax adjustments submitted by the Assessor’s office. Commissioner Stradinger seconded. All commissioners voted aye and the motion passed.

Acc #	Year	+Debit/ -Credit	Comments
00-001-0342 M-33-1-2	04	-$23.48	Property Exempt
00-001-2702 M-105-1-2-13-16	04	-$65.87	Property Exempt
00-001-2710 M-105-5-12	04	-$65.87	Property Exempt
00-002-3642 R-791	04	-$171.59	Property Exempt
00-002-3634 R-790	04	-$159.69	Property Exempt
00-0010-3097 4487-1	04	-$345.41	Property Exempt

Commissioner Stradinger motioned to accept the tax adjustments submitted by the Auditor. Commissioner Peatross seconded. All commissioners voted aye and the motion passed.

Consideration of Morning Agenda Items
The commission discussed the method of collection for the Transient Room Tax. The tax will be billed monthly by the chamber office. The revenues will be received by the county Treasurer.

Consideration of Ordinance NO. 04-232 Vacating Certain Class “D” Roads (Murdock Ranch)
Additional persons present for discussion: Deputy County Attorney Roland Uresk, Lynn Dudley representing the Murdock family, property owners Don Call, and Brent Harrison.

Attorney Uresk reviewed some of the history of the public hearings for the request by the Murdock family to vacate the “D” road running past their home. The subdivision came into being before there were any county requirements of roads for access.
Mr. Call and Mr. Harrison are concerned that if the road is vacated that at some point there could be a problem with getting emergency vehicles into the area on the only road left as an access. “The road is narrow and if a vehicle was to become stuck no one could get past”, stated Mr. Harrison.
Mr. Harrison asked Mr. Dudley if he thought the family would consider giving the property owners and emergency vehicles access to a locked gate. Mr. Dudley was not agreeable.
Attorney Uresk suggested that all interested parties try meeting again on January 3, 2005. Commissioner Peatross will contact Wasatch County regarding the access just over the county line.

Minutes of Meeting Held on December 6, 2004
Commissioner Stradinger motioned to approve the minutes with corrections. Commissioner Peatross seconded. All commissioners voted aye and the motion passed.

Other Business
There was no other business discussed.

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

 

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