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 APRIL 24, 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.  Beverly Park, Regina Burnhurst, Alma Richens, Clint Peatross and Clayton
Chidester Director Planning and Community Development.

Prayer: Commissioner Kappen
Pledge of Allegiance

Minutes: Minutes for April 17, 2000 were read.  Motion: Commissioner Ross motioned to approve the minutes with corrections, Commissioner Kappen second, the motion carried. Roll Call Vote: All Commissioner Aye.

Road Items - Supervisor Nielsen
Supervisor Nielsen reported that the road crew has the equipment ready to start the reclamation at the tar sands pit but will have to wait until it dries out to begin working the heavy equipment.

The Commission discussed with Supervisor Nielsen the possibility of paving road #129 in Altamont. There are a lot of dust problems caused by the dirt road and the rodeo grounds that are just down the road. Supervisor Nielsen said that would not be a problem to do while they are in the Altamont area doing other work. It will only be about a tenth of mile that needs to be paved. The Commission agreed to have the Road Department pave road #129

Final Plat Approval for Majestic Meadow Subdivision
Clint Peatross was present to represent the owner Majestic Meadows Subdivision. Clayton Chidester Director of Planning and Community Development reported that the Planning and Zoning Commission gave a favorable recommendation.

Motion: Commissioner Kappen motioned to approve the Final Plat Approval for Majestic Meadows Subdivision, Commissioner Ross second, the motion carried. Roll Call Vote: All Commissioners Voting Aye.

Clint Peatross questioned if another subdivision he has been working on will be able to be approved now that the Moratorium is in place. The final plat approval was pending the zone change approval. It is the Commissions understanding that anything that was in process will be allowed continue with the Planning and Zoning Commission.

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

Diane Freston Clerk/Auditor presented voucher #68268 to #68333 totaling $210,607.38 for approval.

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

Discussion of Duchesne County and Uintah Basin AOG Agreement "Administration of the Duchesne County Aging Program".

Clerk/Auditor Diane Freston informed the Commission there has been some misunderstandings with the County and the Association of Governments due to the Aging Agreement. There are some issues that need to be clarified and added to the agreement. She would like to set a date when she can meet with the Commission and Roland Uresk Deputy County Attorney and discuss the issues. A working meeting was set for Wednesday at 10:30 am in conference room # 1.

Consideration of Resolution 00-09 A Resolution of the governing body of Duchesne County, Utah Duchesne County approving the Rural Communications System Interlocal Cooperative Agreement; authorizing the execution and delivery of said Interlocal Cooperative Agreement; appointing one representative to the UAC Interlocal Agency, Utah approving the obligations of the County, subject to annual appropriation, to pay to UIA the County's proportionate share of the cost of Equipment described herein; and related matters.

The Commission and Deputy County Attorney Roland Uresk reviewed the resolution.

Resolution 00-09
    A Resolution of the governing body of Duchesne County, Utah Duchesne County approving the Rural Communications System Interlocal Cooperative Agreement; authorizing the execution and delivery of said Interlocal Cooperative Agreement; appointing one representative to the UAC Interlocal Agency, Utah approving the obligations of the County, subject to annual appropriation, to pay to UIA the County's proportionate share of the cost of Equipment described herein; and related matters.

WHEREAS, pursuant to the provisions of the Interlocal Co-operation Act, Ttile 11, Chapter 13, Utah Code Annotated 1953, as amended (the "Interlocal Cooperation Act"), public agencies, as defined in the Interlocal Cooperation Act ("Public Agencies"), are authorized to enter into contracts and agreements with one another in order to make the most efficient use to their powers by enabling them to cooperate with each other on a basis of mutual advantage and to provide the benefit of economics of scale for the overall promotion of the general welfare of the State of Utah; and

WHEREAS, the Interlocal Cooperation Act provides that any power that may be exercised by any Public Agency may be exercised and enjoyed jointly with other Public Agencies pursuant to an agreement duly approved by resolution of the governing body of each of such Public Agencies; and

WHEREAS, various counties (the "Counties") have each expressed commitment to provide broadcast television service to citizens of rural areas located within their respective borders; and

WHEREAS, recent federal mandates require the displacement of rural television transmissions from existing translators located throughout the State of Utah; and

WHEREAS, the respective Boards of County Commissioners of such Counties have determined that the creation of a separate legal entity to provide for the acquisition and installation of new television translator equipment for the television translator sites located throughout the State of Utah (the "Equipment") is necessary to continue to provide broadcast television service to residents in rural areas located in the State of Utah and will enhance cultural opportunities for such residents of the Counties; and

WHEREAS, in order to improve local health and the general welfare by providing broadcast television service to residents of rural areas located within Duchesne County, the County desires to enter into an interlocal cooperative agreement with the other Counties to provide for the creation of the UAC Interlocal Agency, Utah ("UIA") and the issuance of bonds for the financing or acquisition of said equipment and related improvements; and

WHEREAS, the County now desires to appoint its representatives to the Governing Body of UIA as provided in the Rural Communications System Interlocal Cooperative Agreement (the "Interlocal Agreement"); and

WHEREAS, the County desires to facilitate the financing of the Equipment by UIA by obligating itself, to annual appropriation to pay to UIA, if necessary, the County's proportionate share of the cost of the Equipment;

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF DUCHESNE COUNTY, UTAH AS FOLLOWS:
    Section 1.     All actions not inconsistent with the provisions of this resolution heretofore taken by the County are hereby ratified, approved and confirmed.
    Section 2.     The Interlocal Agreement, in the form presented to this meeting and attached hereto as Exhibit "A", is hereby approved, and the appropriate officers of the County are hereby authorized and directed to execute and deliver that Interlocal Agreement in the form presented to this meeting, their execution consisting conclusive evidence of the County's approval thereof.
    Section 3.     Commissioner F Ted Kappen is hereby appointed to serve as representative of the County to the Governing Body of UIA to serve for the following initial term:
    Ted Kappen         12-31-00
pursuant to the Interlocal Agreement.
    Section 40    All orders, ordinances and resolutions with respect to this transaction heretofore adopted, or parts thereof, which are in conflict with any of the provisions thereof are, to the extent of such conflict, hereby repealed, except that this repeal shall not be construed to revive any act, order or resolution, or part thereof, repealed.
    Section 5.    If any provision of this resolution shall be held or deemed to be or shall, in fact, be invalid, inoperative or unenforceable for any reason shall not have the effect of rendering any other provision or provisions hereof invalid, inoperative or unenforceable to any extent whatever, this resolution and the provisions of this resolution being deemed to be the separate independent and severable act of the governing body of the County.
    Section 6.     In consideration for its proportionate undivided interest in the Equipment as well as other valuable consideration benefiting the County as a result of its participation in the Interlocal Agreement, and to the extent permitted by law, the County agrees to assist UIA, if necessary, in financing the cost of the Equipment, and shall take such action as may be necessary or desirable to assure that the final budget submitted to the Board of Commissioners of the County for its consideration contains an appropriation request of money to provide assistance to UIA in an amount of not more than the County's proportionate share of the cost of the Equipment based on the Percentages set forth in Exhibit "B". Nothing contained in this resolution shall obligate the Board of Commissioners to appropriate or pay any amounts hereunder and nothing contained herein shall be construed to create a general obligation or other pecuniary liability of the County. The obligation of the UIA with respect to the financing of the Equipment shall not be a debt of the County pursuant to any constitutional or statutory debt limitations and judgment requiring a payment of money may be entered against the County by reason of a failure to appropriate any amount hereunder.
    Section 7.    Immediately after its adoption, this resolution shall be signed by the appropriate officers of the County shall be recorded in the official records of the County and shall take immediate effect.

Motion: Commissioner Kappen motioned to adopt Resolution 00-09, Commissioner Ross second, the motion carried. Roll Call Vote: All Commissioners Voting Aye.

The Agenda items listed below will be discussed and considered at a later date.

Consideration of Resolution 00-10** A Resolution Adopting Bylaws for the UAC Interlocal Agency, Utah, Confirming the Appointment of Officers for such Agency and Authorizing Other Action on Behalf of the Agency.

Consideration of Rural Communications System Interlocal Cooperative Agreement

Consideration of Bylaws of UAC Interlocal Agency, Utah

Discussion of Minutes - Sue Coleman
Mrs. Coleman was not present to discuss this agenda item.

Commissioner Ross stated that Congressman Chris Cannon, Roosevelt City, and the Commission met with KHI Engineering Incorporated. KHI is preparing a feasibility Study to turn the existing facilities with additional facilities in an ethanol refinery, using corn as the product. The bi-product of the ethanol process will create a high protein animal feed which would be positive for agriculture here in the basin and other places. The Commission fully supports any effort made to bring this operation into fruition to enhance the Basin's economy.

Adjournment: 2:27 PM

**Note: Resolution # 00-10 has been given to another Resolution.

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