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Kane County Commission approves reappointment, adopts roads policy and amends Kanab Center fee rules

2393654 · January 28, 2025
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Summary

KANAB, Utah — The Kane County Commission on Jan. 28 unanimously approved a reappointment to the county Tourism Tax Advisory Board, adopted a county roads policy, confirmed a Utah Association of Counties representative and amended the Kanab Center fee policy to allow limited free gym access for qualifying not‑for‑profit recreation groups.

KANAB, Utah — The Kane County Commission on Jan. 28 unanimously approved a reappointment to the county Tourism Tax Advisory Board, adopted a county roads policy, confirmed a Utah Association of Counties (UAC) representative and made an immediate change to the Kanab Center fee and usage policy to add limited free gym access for not‑for‑profit recreation.

The moves, taken during a packed regular session at 76 North Main Street, also followed a presentation from the Utah Division of Wildlife on local staffing, aquatic projects and a planned extension of a deer‑proof fence along U.S. 89.

Commission action and major outcomes

- Reappointed Don Jennings to the Kane County Tourism Tax Advisory Board (Kane County Resolution R-2025-5). The commission voted to adopt the resolution and asked the county attorney to clarify in the resolution language that the position is the at‑large seat. Commissioner Patty Cabea, who spoke in support, said the appointee "has served on the board for I think this is going into his third term" and praised his community service.

- Amended Kanab Center fee and usage policy to add recreation as a not‑for‑profit event category and to remove the gymnasium from the policy exclusion so that the gym is eligible for the existing two hours of free use for qualifying not‑for‑profit/community events. The change was made effective immediately by the commission after extended public and commissioner discussion about youth travel teams, scheduling and maintenance.

- Adopted the county roads policy (listed as the King County/Kane County roads policy in the agenda). Commissioners said the document clarifies maintenance priorities, drainage practices and coordination steps with special service districts and utilities.

- Appointed Commissioner Patty Cabea as Kane County's UAC representative for the coming year after the commission learned County Attorney Robert Van Dyke is expected to become a district court judge.

- Adjusted the August commission meeting calendar to move the regular date in August (previously the second Tuesday) to Aug. 5, with an additional meeting on Aug. 26, to avoid a conflict with municipal elections.

All recorded final votes on those items were unanimous voice votes; the meeting used the standard roll call and public‑meeting procedures outlined in the agenda packet.

Kanab Center gym debate

The most prolonged public discussion centered on Kanab Center fees and the gymnasium's role as community recreation space. Commissioners and staff described recurring scheduling conflicts, concern that some regularly scheduled users do not leave the facility in acceptable condition and the difficulty of deciding when to charge a fee versus allowing free community access.

Commissioner Patty Cabea and other commissioners repeatedly emphasized balancing open access for volunteer coaches and youth recreation with the need for accountability and staff workload limits. Kimberly (facility staff), who helped draft the policy language, explained how the existing fee categories distinguish Kanab City‑sponsored programs, local community events and commercial uses and said the proposal before the commission was intended to allow local, not‑for‑profit recreation groups to use the gym without automatic fees so long as the use is not exclusive and meets the written requirements.

Several public commenters and commissioners described existing practice at the school district, where the schools allow travel teams to use gyms if the coaches can show they are not profiting. Commissioners discussed options including limited free blocks, requiring advertising/open‑to‑public notices for groups getting free use, and a "three‑strikes" approach if users repeatedly fail to leave the facility as required. The commission chose a limited, immediate change — adding recreation to the not‑for‑profit category and removing the gym exclusion — and asked staff to return with a consolidated policy for future votes.

Wildlife presentation

A representative from the Utah Division of Wildlife (identified in the meeting as Kevin) gave an agency update. He announced Riley Peck as the division's new director, flagged the hiring of a new local officer, Kacen Palmer, and said the agency plans to operate an AIS inspection station seven days a week during peak season if seasonal staff can be hired.

Kevin described fisheries work at Jackson Flat Reservoir — including transplants of black crappie and planned artificial habitat installations — and outlined a planned UDOT partnership to add roughly 7 miles of deer‑proof fencing on each side of U.S. 89 (14 miles total) with an estimated price tag of $10,000,000. "It's 7 miles of fence on each side, so 14 miles total... [a] total price tag of $10,000,000," he said. He also described coordination with the town of Alton on aging perimeter fencing around that community.

Roads policy and right‑of‑way questions

Commissioners discussed the county roads policy to provide clearer public guidance on maintenance priorities, drainage, class B roads and the county's process for repairs and coordination. County Attorney Robert Van Dyke recommended reviewing existing ordinances that address disturbances or improvements placed in the county right‑of‑way before adding specific liability language to the roads document. "We don't have that level of detail in our ordinance that talks about dig permits and things within the right of way... there are scenarios under which somebody could be liable for damaging our equipment," Van Dyke said.

Preliminary incorporation and state legislation

During legislative reports the commission discussed a pending preliminary incorporation request for an area east of Kanab referred to variously as "The Willow," "Willow Reserve Estates" or "Kanab 600." Commissioners said the enabling state statute limits local authority and does not automatically make the county a named stakeholder in the feasibility study process, but staff have secured a tentative commitment from the Lieutenant Governor's office that the county will be invited to coordination/development meetings with the third‑party consultant that will conduct the feasibility study. Commissioners said they will continue to monitor the issue and seek legislative fixes if possible.

Other business and next steps

The meeting included routine consent items (check edit report and Jan. 14 minutes), an open‑and‑public‑meetings training segment and commissioner reports. The commission asked staff to return with a consolidated Kanab Center fee and usage policy for formal adoption and agreed to additional outreach on scheduling and signage to clarify what counts as "open to the public" for free use eligibility.

Votes at a glance

- Consent agenda (checks and Jan. 14 minutes): approved (unanimous voice vote). - Resolution R‑2025‑5 — Reappoint Don Jennings to the Kane County Tourism Tax Advisory Board (at‑large): adopted (unanimous voice vote). County attorney instructed to add explicit "at‑large" phrasing. - Kanab Center fee and usage policy (amendment): commission voted to add recreation to the not‑for‑profit exemption and remove the gymnasium exclusion; effective immediately (unanimous voice vote). Staff to return with consolidated policy language. - King County/Kane County roads policy: adopted (unanimous voice vote). - Appointment — Utah Association of Counties (UAC) representative: Commissioner Patty Cabea appointed (unanimous voice vote). - Commission calendar amendment: August meeting moved to Aug. 5 (and Aug. 26 retained); motion passed (unanimous voice vote).

Ending

The commission adjourned after additional reports and set follow‑up tasks: staff were asked to prepare a consolidated Kanab Center fee policy for a future meeting, to circulate the adopted roads policy to stakeholders, and to keep the commission updated on the preliminary incorporation feasibility process and related state legislation.