WORKING SESSION 2:00 PM – Ordinance #24-409; An Ordinance Amending Title 8, Chapters 2, 6, and 13 of the Duchesne County Zoning Ordinance Oil & Gas Drilling and Production Facilities

Present –

Commissioner Greg Miles, Commissioner Tracy Killian, Deputy Attorney Tyler Allred, Community Development Director Mike Hyde, Zane Lay with Ovintiv, Mike Hawley with Jones & DeMille Engineering, Cody Deeter with EFG Consulting, Scott Duncan, Allan Smith, Kelsey Carter, Rikki Hrenko-Browning with UPA, Don Bromley, Lisa Sagers, Jerald Sagers, Bart Kettle, Leslie Pearson-Rich, Jake Woodland, Corie Miller, and Commission Executive Assistant Melissa Hughes is taking the meeting minutes.

Present via Zoom –

Community Development Zoning Specialist Shon McKinnon, Brock Harrison with Jones & DeMille Engineering, Frank Jimenez, Mandie Crozier, Mick Thomas OGM Director, JD Kesler, Dan Brooks with Javelin, Heather Ivie with Kinder Morgan, Macey Wallace with Ovintiv, Spencer Turnbow with Humbolt, Cody McNeece.

Absent – Commissioner Irene Hansen

Commissioner Greg Miles welcomed everyone to the meeting and excused Commissioner Hansen, who was obligated elsewhere.

Cody Deeter with EFG Consulting presented a PowerPoint presentation for the Transportation Mitigation Fee Study. He explained Governmental Funding, the Utah Supreme Court Ruling, and the Fee Analysis.

Governmental Funding –

The general fund is inefficient, with no clear link between revenue and services. The example is Sales Tax and Police.

An Enterprise Fund is efficient and links revenues and services. An example is a water fee and water services.

Utah Supreme Court Ruling -

It was determined that a transportation utility fee is legal through county authority 17-50-302. A clear link must be established, and then the County can create a transportation utility fee fund for repair, replacement, and maintenance.

Fee Analysis –

All taxpayers fund roadways through the general and class B funds. Heavy trucks have a disproportionate impact on the roads compared to other users. The Jones & DeMille Engineering study demonstrates this disproportionate impact.

Mike Hawley with Jones & DeMille Engineering explained the AASHTO 1993 Road Test Pavement Design Method and how heavy trucks deteriorate the road faster than low-impact vehicles. He also covered the road study completed with Vialytics to determine the life left on the roads. He worked with the industry to determine the number and nature of the trucks. It was determined that the traffic generated by the average well would remove 2.3 percent of the original life from the average county road. The formula determining the impact cost is the same as previously presented, except for adding 1.5 years for the weighted average of impact from one oil well over five years.

The parties discussed the study conducted by EFG Consulting and Jones & DeMille Engineering. Some oil and gas industry representatives are against the proposed cost. They discussed options that would be acceptable for all involved. Another working meeting will be held on October 7, 2024, at 2:30 p.m.

Commissioner Killian made a motion to hold a working session for Ordinance 24-409. Commissioner Miles seconded the motion. Commissioner Killian voted aye, and Commissioner Miles voted aye. The motion passed.