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 MARCH 6, 2000 BEGINNING AT 1:00 P.M. IN THE COMMISSION BOARD ROOM
IN DUCHESNE, UTAH

Commissioners Present:  Commission 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, Shelley Brennan Executive Secretary, Clerk/Auditor's Office Taking Minutes. Keith & Sue Coleman, Roger Holfeltz, Vern Peterson, Brent & Shelia Olsen, Don & Leah Sweat, Judy & Ammon Dunsmore, Sherm Richens.

Prayer: Commissioner Ross
Pledge of Allegiance

Minutes: Minutes for February 28, 2000 were read.  Motion: Commissioner Ross motion to approve the minutes with corrections, Commissioner Kappen second, the motion carried. Roll Call Vote: All Commissioner Aye.

Ute Indian Tribe v State of Utah, Duchesne County, et.al. Approval of Stipulated Order Vacating Preliminary Injunction and Dismissing the Suit with Prejudice
Commissioner Ross stated that the Commission has received a letter from Phil Pugsley the Attorney Generals Office, containing the proposed stipulated order vacating the remaining portions of the preliminary injunction and dismissing the old 1975 jurisdiction case.

Commissioner Ross gave a brief history on the jurisdiction with the Tribe.

The Stipulated Order Vacating Preliminary Injunction and Dismissing the Suit with Prejudice, stated:

IT IS ORDERED, ADJUDGED AND DECREED THAT (1) the Preliminary Injunction referred to above, as thereafter continued, modified and clarified, is hereby vacated and questions of jurisdiction on the various categories of land within the original boundaries of the Uintah and Ouray Reservation have been determined by the decisions of the United States Supreme Court and Tenth Circuit Court of Appeals, as modified by the agreements between the parties, which are referred to above. (2) All matters at issue in this suit having been adjudicated, the case and all claims asserted herein by the parties are dismissed with prejudice. (3) the parties hereto shall bear their own costs and expenses of suit.

It is the County Commission position that the issues have been resolved to County's satisfaction.

Motion: Commissioner Ross motioned to have the County Attorney Herb Gillespie sign the Order on behalf of the County Commissioner Kappen second, the motion carried. Roll Call Vote: All Commissioner Voting Aye.

Road Issues - Supervisor Nielsen
Supervisor Nielsen presented a Right-of-Way Agreement in Antelope on road #27. This right-of-way is needed to realign the Antelope road.

Motion: Commissioner Kappen motioned to approve the right-of-way agreement to realignment of the Antelope Canyon road #27in Sections 29,30, and 31, T4S, R3W USB&M, Commissioner Ross second, the motion carried. Roll Call Vote: All Commissioners Aye.

Supervisor Nielsen then presented Contract Modification #3
Approval of Appraiser Dealing with 11 Parcels of Land Associated with Bridges 6 & 7 Strawberry River Project.

Supervisor Nielsen has received two (2) bids for the appraisal of 11 parcels of land with bridges 6 & 7 of Strawberry River Project. The appraiser must be UDOT certified. 

        Free & Associates of Salt Lake City          $8,950.00
        Alan M Giles of Heber City         $5,500.00

Motion: Commissioner Ross motioned that since there are no UDOT certified appraisers in the County, we award the bid to Alan M. Giles, Commissioner Kappen second, the motion carried. Roll Call Vote: All Commissioners voting aye.

Approval of Contract Modification #3 Horrocks Engineers Strawberry Bridges 6 & 7   Supervisor Nielsen has received Contract Modification #3 requesting a time extension and funding increase.

Enclosed is our request for contract modification to complete right-of-way documents and drawings for acquisition of ROW for Bridges No. 6 & 7 on the Strawberry River. This additional work will be required for submittal to UDOT ROW Department for their approval to conduct appraisal and purchase offers for the required ROW. This work will include ownership reports, drawings, and right-of-way for four (4) property owners and eleven (11) parcels of property.

I request your approval of this additional work and a time extension to complete the ROW acquisition form January 31, 2000 to June 30, 2000. We anticipate working with a UDOT certified appraiser that the County will need to hire also. Should the completed appraisal and offer ber unacceptable to the property owners; the County will need their attorney to file for legal condemnation. My understanding is all these cost will be eligible under UDOT project funding on the same 80%-20% basis. Please return all five (5) signed copies to my office for final processing with UDOT.

Motion: Commissioner Ross motioned that the Commission recognizes that the right-of-ways have not been obtained, and the need for a funding increase, and therefore approves Contract Modification #3 from Horrocks Engineers on the Strawberry River Bridge contracts, Commissioner Kappen second, the motion carried. Roll Call Vote: All Commissioners Voting Aye.

Don Sweat was present to request a right-of -way easement on the Red Creek Road, for the purpose of installing a pipeline for Red Creek Irrigation. Supervisor Nielsen will meet with Don and review the area and get him a permit.

American Legion - Vern Peterson
Roland Uresk Deputy County Attorney has reviewed the request, made last week by Vern Peterson of the American Legion, and stated that as long as we can show a benefit to the County we can approve the request for funding. Vern Peterson was present and stated that they figure at least 10% of the guests would stay in Duchesne County and the Chamber of Commerce is putting together travel & tourism packets for all those attending the Convention. The American Legion, Uintah Basin District 9, will be hosting the Annual State Convention June 23, 24, and 25 at the Weston Plaza Hotel, Vernal, Utah.

Motion: Commissioner Ross motioned that due to the overnight reservations and the participation of the Chamber of Commerce that we approve the funding request for the American Legion, Commissioner Kappen second, the motion carried. Roll Call Vote: All Commissioners Voting Aye.

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

Diane Freston Clerk/Auditor presented vouchers #67634 to #67708 totaling $169,076.98 for approval.

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

Leann Stewart Deputy Clerk/Auditor presented Department Head time sheets for signature.

Agreement with Local Alarm Monitoring
Roland Uresk Deputy County Attorney reviewed the contract of Local Alarm Monitoring for the Administration Building. He has some questions that he would like to have answered before this agreement is approved, therefore this issue will be tabled until next week.

De - Annexation (Disconnected) Issues - Sherm Richens
Sherm Richens was present to ask the County Commission for help in resolving an issue with Roosevelt City. He would like to have the lower forty acres of his property de-annexed (disconnected) Read and Approved from the City and placed back into the County boundaries. The Commission would like to have a couple of weeks to talk over this issue with Roosevelt City.    

Discussion of Minutes - Roger Holfeltz
Mr. Holfeltz stated that there still is not an affidavit attached to the minutes for the last Commission executive session held on January 24, 2000. Roland Uresk Deputy County Attorney & Shelley Brennan Executive Secretary are still working on a one-page affidavit form to be used in all executive sessions, the affidavit should be finished and attached this week. Roger also stated that he feels that minutes are inadequate in some places.

Discussion of Money Budgeted for the UBIC - Naomi Maxfield  Due to a family emergency Mrs. Maxfield was not able to come to the meeting.

Adjournment: 2:33 PM

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