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Moffat County Land Use Board

Minutes of Meeting

January 3, 2003

Minutes Moffat County Land Use Board January 3, 2003 3:00 p.m. The Moffat County Land Use Board met at the Moffat County Courthouse Annex Building on January 3, 2003 at 3:00 p.m. President, Burt Clements, called the meeting to order with a roll call. A moment of silence was observed. The following members, staff and guests were present. Members Burt Clements Richard Blakley Rick Hammel Bob Grubb Jean Stetson Wendy Schmitzer Dean Gent Wayne Seick Ed Winters Guests Jennifer Seidenberg Dawn Nottingham Wanda Walker Sandy Olgolioso Staff T. Wright Dickinson, Ex-Officio, Moffat County Commissioner Jeff Comstock, County Natural Resources Policy Analyst Ann Franklin, County Natural Resources Specialist Review Changes to Map The Land Use Board reviewed changes from public comments at public meetings held in December 2002 to the Rights-of-Way Assertion Map dated December 16, 2002. Burt Clements read a letter from the BLM requesting an extension of the time available to comment on the map released December 16, 2002. The BLM currently has a moratorium on RS2477 issues and is unable to comment at this time. It is unknown when the moratorium will be lifted to allow the BLM to address RS2477 assertions. Rick Hammel suggested that if the comment period is extended without a definite deadline then the process will never end. Rick recommended that comments be accepted on a case-by-case basis. T. Wright followed up this recommendation by agreeing a collaborative effort will continue because the County will be an interested party in federal estates. Wendy Schmitzer explained that the BLM would like to compare the assertion rights-of-way GIS layer with existing routes. Jeff Comstock noted that the BLM had suggested this action earlier, but BLM has not yet prepared an existing route GIS layer that is available to the public. Dawn Nottingham asked if the NPS had commented on the map. T. Wright explained there is a moratorium from Department of Interior and U.S. Department of Agriculture which has prevented the agencies from preparing specific comments. T. Wright explained Moffat County has deference on OHV use with State Statutes and assured everyone that the County would go through a public process as issues arise on specific rights-of-ways. Wendy Schmitzer asked if science and social qualities would be used in evaluating rights-of-way assertions. T. Wright said that science would be used to make decisions and explained that Congress granted these rights. Jean Stetson stated the Land Use Plan would be the guiding document. Wendy Schmitzer motioned to extend the comment period. Wayne Seick seconded that motion. The general discussion about this motion was not supportive of extending the deadline. Rick Hammel amended the motion to extend the comment deadline to January 9, 2003. Dean Gent seconded the amendment to the motion. Bert Clements called for discussion on the amendment to the motion. Jean Stetson stated that new comments would not substantially change concerns. Wendy Schmitzer commented a Recordable Disclaimer of Interest policy hopefully would substantially change the concerns. Jennifer Seidenberg stated Colorado Environmental Coalition’s support for extending the comment period. Jeff stated that the opportunity to comment is also available during commissioner meetings where the issue would be discussed. Wendy apposed the amendment to the motion to extend the deadline to January 9, 2003. Four members were opposed to the amendment to the motion that was extending the deadline to January 9, 2003, three members supported the motion amendment. The motion failed. After the amendment to the motion failed, the original motion was voted on. One member (Wendy) was in favor of the motion to extend the deadline indefinitely. Six members were apposed to the motion (Jean, Rick, Wayne, Dean, Rick, Burt). The motion failed. Dean Gent motioned to recommend the Commissioners adopt the map and maintenance protocol on January 9, 2003 including changes as discussed. Rick Hammel seconded the motion. Discussion was held. Bob proposed a change to the maintenance protocol which would call for an acre for acre of mitigation for every upgrade made on a rights-of-way. Rick Hammel clarified Bob’s concern. T. Wright said roads are generally not downgraded. He also described how the current Board of Commissioners is restricted from binding future Commissioners’ decisions. The LUB discussed the need to protect existing rights without hampering future growth. Jean Stetson asked if Moffat County would enforce classes of trails or roads. T. Wright stated that the Moffat County Commissioners would handle those issues on a case-by-case decision to assure responsible management. He also clarified that asserting rights-of-ways does not significantly change federal agencies’ abilities to enforce land use restrictions. Wendy Schmitzer asked if liability is an issue. T. Wright clarified that each agency has governmental immunity and any liability issues would be addressed on a case-by-case basis. Jean Stetson asked if the rights-of-ways would be recorded at the Clerk and Recorders Office. T. Wright said the rights-of-ways would only be recorded by passing the Resolution. No specific rights-of-way filing would occur. It was noted that the County is currently working with private landowners and the State Land Board on specific routes across private and State lands. Adjournment Burt Clements motioned to adjourn the meeting; Jean Stetson seconded the motion. The motion was unanimously approved. The meeting adjourned at 4:45 p.m.

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Moffat County Departments 2010 Census information Mainpage Accounting Administration Assessor Airport Budget Overview Building Inspector Calendar of Events Clerk and Recorder Cooperative Extension County Commissioners Crisis Intervention Moffat County Fair Fairgrounds Human Resources Landfill Library Links to Other Websites Moffat County Owned Minerals Museum Natural Resources Oil and Gas Parks & Recreation Planning Department Purchasing Road and Bridge Sheriff Sheriff's Office Emerg Mgmt Social Services Sunset Meadows Treasurers Office Veterans Services

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