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 ON FEBRUARY 28, 2000 BEGINNING AT 1:00 P.M. IN THE COMMISSION BOARD ROOM
IN DUCHESNE, UTAH

Commissioners Present:  Commissioner Chairman Guy R Thayne, Commissioner F Ted Kappen, and Commissioner Larry S Ross.

Others Present:  Roland Uresk Deputy County Attorney, Diane Freston County Clerk/Auditor, and Shelley Brennan Executive Secretary Clerk/Auditors Office Taking Minutes. Ray Hardman, Sue Coleman, Beverly Park, Regina Burnhurst, Bill Clark, Vern Peterson, Brent & Shelia Olsen, Garth Sorenson, John Swasey , Shane Rowley, Roger Holfeltz, Naomi Maxfield.

Prayer: Clerk/Auditor Diane Freston
Pledge of Allegiance

Minutes: Minutes for February 22, 2000 were read.  Motion: Commissioner Kappen motioned to approve the minutes with corrections, Commissioner Ross second, the motion carried. Roll Call Vote: All Commissioner Voting Aye.

Road Issues - Supervisor Nielsen
Supervisor Nielsen reported to the Commission that the Road Department's new truck would be arriving this week. He also stated that he would be meeting with the Tribe to discuss the right-of-way on the Lake Borham Road.

Mr. Holfeltz was present and thanked Doug for fixing a hole in the road by his property.

Auditor's Office - Vouchers - Department Head Time Sheets - Tax Adjustments - Personnel Issues.

Diane Freston Clerk/Auditor presented vouchers #67559 to #69633 totaling $89,725.75 for approval.  Motion: Commissioner Ross motioned to approve the vouchers, Commission Kappen second, the motion carried. Roll Call Vote: All Commissioners Voting Aye.

Approval of Election Judges
Diane Freston Clerk/Auditor presented the following list of Judges for the Presidential Primary Election only.

Mt. Home & Altamont		Town Hall
Janice White
Elaine Kappen
Jackie Tucker
Donna Thompson (Alternate)
Duchesne 1 & 2		County Admin Building
Nadine Poulson
Helen Peterson
Sherry Peatross
Orinda Gee (Alternate)
Fruitland		By Mail
Roosevelt 5 & Myton		Crossroads Center
Ellen Rawlings
Adelia Richens
Louise Fausett
Katherine Ivie
Neola		Neola Elementary
Bev Henrie
Kathleen Olsen
Joyce Anderson
Bonnie Duncan
Ann Bills
Roosevelt 1 & 2		County Library
Ruby Gale
Roberta Jones
Jolona Snow
Roosevelt 3 & 4		Crossroads
Betty Gilbert
Deon Bird
Laureen Laris
Tabiona		By Mail

Motion: Commissioner Ross motioned to approve the above names as Election Judges for Presidential Primary Commissioner Kappen second, the motion carried. Roll Call Vote: All Commissioners Voting Aye.

American Legion - Vern Peterson
Vern Peterson was present to request $500.00 to help with the American Legion's State Convention, which is being held in Vernal this year. Roland Uresk stated that due to the case of Commission vs. Short he had some concerns about this being a charitable contribution. Commissioner Kappen stated that he does not consider this being a charitable contribution; the American Legion provides a number of services to the community. Commissioner Kappen also stated that the American Legion is partially funded by the State. Roland would still like to review this before any action is taken. This item will be on next week's agenda with a decision from the Commission.

UBIC (Uintah Basin in Celebration) - Perry Taylor
Perry Taylor thanked the Commission for their help last year with the Friendship Lunch. He then requested the $4,000.00 that the County budgeted for UBIC. Perry explained that $3,000.00 was to help pay for the nightly entertainment and $1,000.00 was to help with the Friendship Committee.

Motion: Commissioner Kappen motioned to release the budgeted money and to appoint Commissioner Thayne to sit on the Friendship Committee, Commissioner Ross second, the motion carried. Roll Call Vote: All Commissioners Voting Aye.

Commissioner Ross complimented Perry on his work with the UBIC. Perry has been a great asset to the community.

The audience asked Perry what the UBIC was. Perry gave a brief history on the UBIC (Uintah Basin in Celebration).

Appointment to the Planning & Zoning Commission
The Commission, through its process of accepting resumes for this appointment, has received many names for consideration. Commissioner Ross feels that Tom Golinski would serve well on the Commission.

Motion: Commissioner Ross motioned to appoint Tom Golinski to the Planning and Zoning Commission, he will serve a three year term beginning January 1, 2000 ending December 31, 2002 Commissioner Kappen second, the motion carried. Roll Call Vote: Commissioner Ross and Commissioner Kappen Voting Aye Commissioner Thayne Not Voting.

Appointment to the Library Board
The Commission has received two names for this appointment. The Commission would like to appoint Carol Ebright.

Motion: Commissioner Ross motioned to appoint Carol Ebright for a three year term beginning January 1, 2000 ending December 31, 2002 Commissioner Kappen second, the motion carried. Roll Call Vote: All Commissioner Voting Aye.

Resolution 00-03 Annexation of land into the Fruitland Water District - Bill Clark   Bill Clark presented Resolution 00-03 for the Commissions approval.

Resolution 00-03
A Resolution annexing certain lands into the Fruitland Special Service District

Whereas, the Board of Commissioners of Duchesne County, State of Utah, did on the 24th day of January 2000 pass a Resolution declaring its intention to annex into the Fruitland Special Service District certain lands at the request of the property owners of an area adjacent to that District in the accordance with provisions of Title 17A-2-301 et. Seq. Utah Code; Annotated; and;

Whereas, many of the residents of the area sought to be included in the District and have urged that they be included in the district; and

Whereas, a hearing was held (Pursuant to notice published in the Uintah Basin Standard for three (3) successive weeks on February 28th, 2000, at 1:00 pm before the Board of County Commissioners of Duchesne County at a meeting in the County Commission Chambers, in Duchesne Utah for this purpose; and non of the residents appeared to oppose the inclusion of the property in the District.

Township 3 South Range 9 West Uintah Special Meridian Sec 26:   S1/2NW1/4;N1/2SW1/4;W1/212/2NE1/4; W1/2NW1/4SE1/4 3790 EXCEPT: PART OF LOTS 11 AND 12 OF SUNDOWN RIDGE 207.59 ACRES Sec 27:  NE1/4, EXCEPT: 1.04 ACRES FOR THE STATE ROAD 3796 EXCEPT: LOTS 1 THRU 5 AND 20 THRU 25 AND PART OF LOTS 18-19 OF SUNDOWN RIDGE SUB 87.72 ACRES

Now, Therefore, it is hereby resolved and pursuant to the authority of the Board of Commission of Duchesne County, the following described lands are hereby included within the boundaries of the Fruitland Special Service District, said district being established according to the provisions of Section 17A-2-301 et. Seq. Utah Code Annotated, as amended to wit.

Township 3 South Range 9 West Uintah Special Meridian Sec 26:   S1/2NW1/4;N1/2SW1/4;W1/212/2NE1/4; W1/2NW1/4SE1/4 3790 EXCEPT: PART OF LOTS 11 AND 12 OF SUNDOWN RIDGE 207.59 ACRES Sec 27:  NE1/4, EXCEPT: 1.04 ACRES FOR THE STATE ROAD 3796 EXCEPT: LOTS 1 THRU 5 AND 20 THRU 25 AND PART OF LOTS 18-19 OF SUNDOWN RIDGE SUB 87.72 ACRES.

In Witness Whereof, this Resolution is duly and unanimously passed and subscribed by the Board of Commissioners of Duchesne County, State of Utah, in regular meeting assembled this 28th day of February, 2000.

Motion: Commissioner Kappen motioned to approve Resolution 00-03, Commissioner Ross second, the motion carried. Roll Call Vote: All Commissioners Aye.

Re-assignment to Commission Boards
The Commission reassigned Commissioner Ross to the Uintah Basin Association of Governments Board (UBAG) and the Revolving Loan Fund (RLF) Board and Commissioner Kappen to the Children's Justice Center Board.

Motion: Commissioner Kapppen motioned to approve the re-assignment, Commissioner Ross second, the motion carried. Roll Call Vote: All Commissioners Aye.

Response to Request for Educational Assistance Agreement
After further review of the request made by Dan Bunnell the Commission is in agreement to deny this request. There are no positions open for a Road Officer, and the County does not have policy that supports this request. The Sheriff is also in agreement with the denial.

Motion: Commissioner Kapppen motioned to deny the request of Educational Assistance , Commissioner Ross second, the motion carried. Roll Call Vote: All Commissioners Aye.

Awarding of Bid for Title Services for the Uintah Basin Medical Center  Roland Uresk Deputy County Attorney has reviewed and compared all the bids received for title services. His recommendation is to award the bid to Sunrise Title in the amount of $1,167.00
        Sunrise Title          $1,167.00
        Basin Land          $2,390.00
        Farm Home & Title     $1,320.00

Motion: Commissioner Ross motioned to award the bid for title services to Sunrise Title not to exceed $1,167.00 Commissioner Kappen second, the motion carried. Roll Call Vote: All Commissioner Voting Aye.

Discussion of Request for Ordinance to Allow Spot Lighting of Non-Game Animals  Commissioner Kappen stated that after last weeks meeting, he has received calls form concerned ranchers & farmers that are opposed to such an ordinance.

Garth Sorenson was present to state his opposition to this ordinance. He believes that allowing spotlighting would increase the amount of law enforcement that we currently have patrolling. It would also increase the amount of domestic animals and game animals being killed.

John Swasey asked why this came up, the Commission informed him that a citizen made the request. John stated that he is not yet sure if he is opposed or in favor of such an ordinance. But he feels that what ever we do, we need to educate the communities on what is legal.

Shane Rowley said that he is also opposed to this ordinance; he has some of the same concerns that Garth stated earlier. He is also concerned about this increasing trespassing problems.

Sue Coleman does not like the thought of people shooting after dark.

Recess: 2:20 PM

Reconvene: 4:20 PM

Discussion of Request for Ordinance to Allow Spot Lighting of Non-Game Animals - Continued  Merrill Taylor was present to discuss the request he made last week. The Commission had some questions as to the laws that exist for hunting on public lands and Federal lands. Merrill will contact the Forest Service and the BLM and find out. The Commission will table this issue for another two weeks so additional information can be acquired, relating to Federal Lands.

The Commission made available to those present a copy of the Box Elder County Ordinance and a copy of the State Code. The State Code presently allows spotlighting on private land, by the landowner or his agent, and stets out rules for hunting coyotes, red fox, stripped skunk and raccoons.

Adjournment: 4:45 PM

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