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 JULY 31, 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.

Commissioners Absent: Commissioner Larry S. Ross is on vacation.

Others Present:  Diane Freston, Clerk/Auditor, Georg Adams, Neal Potter, Glenna Mayhew; Curtis Dastrup, Diana Jensen and Lyle Lemon from UBAOG; Diana Stevens, Clayton Chidester from Planning and Zoning, Mark Stewart, Percy Stewart, Blaine and Elaine Berger, Vicki Scharman, Ranette Loughton, Zachary Loughton, Afton January, Clair Duncan, Joe & Vivian Curry, Ginger Casper, Jamie Park, Terry B. Stringham, Ryan Larson, Lee Rockwood, Sterling M. Rees, Michael Guinn, Dennis Jenkins, Brad Hancock.

Prayer: Commissioner Guy R. Thayne
Pledge of Allegiance

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

Road Items - Supervisor Doug Nielsen
The following projects were reported on:

1. Finished paving road #115, Lake Fork Road

2. Finished patching Moon Lake Road.

3. Finished blacktopping Road #119.

4. Chipping ½ day today for Duchesne City and start chipping for Duchesne County tomorrow.

5. Approximately August 15th they will haul tar sands for North Fork road in joint venture with Forest Service.

6. When time permits they will haul some tar sands and do road work at the Tabiona Fire Station, the Fruitland Post Office, and 1 mile of road in Hanna area.

7. We will overlay Road #115 in Altonah by Miles Bike Shiner's.

Approval was given to haul 10 to 12 tons of tar sands to Fairgrounds to repair the parking lot and fill in rough spots.

The question was raised as to whether or not Esther Fausett had ever had someone pick up the tar sands for her church's parking lot. It was discussed over a year ago and there is a question as to whether or not it was done.

The road by Max Farnsworth's needs to be smoothed out with a grader as it is like a washboard; it was noted that the condition of the road is also due to the lack of moisture.

Commissioner Thayne stated that the town of Mountain Home has a road east of the store going north and south that has been built up and needs to be leveled out. The road is in a subdivision and is supposed to belong to the County. Commissioner Thayne and Doug will look at this road to see what needs to be done.

Commissioner Kappen suggested that it is time for Doug and the Commissioners to sit down and make plans for the 2001 road work that needs to be done and the budget for the road department.

Blaine & Elaine Berger, Vickie Scharman - Red Creek Road
Vickie Scharman representing Bandana Ranch recreational area stated that 4 wheelers are being ridden illegally on the county road and asked what could be done to make this legal. Commissioner Kappen is concerned about insurance liability on the county's part and wants to talk to the insurance company. Right now Commissioner Kappen would vote no because of liability factor. If the county is not liable he is okay with ATV vehicles on the road. Commissioner Thayne said he would talk with Randy Crozier from the Water Conservancy District for another possible option along the pipeline area of the canal for a right of way for ATV's after the pipeline is put in to ride on. The commission will respond by written notice next week as to the conservancy district and liability issues to Blaine and Elaine Berger.

Fair Board - Fairground Issues
Ginger Casper would like blacktop laid at the fairgrounds on the west side by the horse barns. Doug will see if it can be done after the road department finishes the road projects that are scheduled.
Jamie Park and Glenna Mayhew proposed moving the fairground fence back so that the ambulance would fit through easier and room could be made for more concession stands. Earls fence is coming over to do an estimate or the inmates could do the work under the supervision of Neal. The real question is the time factor.

They also asked about janitorial work up at fairgrounds during the fair. It was suggested that Neal could hire a temporary person to get it cleaned at first and hire someone to clean all week. The money budgeted for cleaning would be transferred from the fair budget to Neal's budget for the cleaning.

Frandsen's electric bill for light work at fairgrounds for $5,037.37, was presented. The question was asked as to why bids were not solicited. When they put up the cover they had to move the lights and did not get a bid. In the future the fairboard agreed to get bids on any major work done.

Roosevelt City Mayor & Counsel - Fire Protection
Mayor Dennis Jenkins and Brad Hancock, city manager, asked for the following:

1. An agreement with Duchesne County and Roosevelt City for county fire protection.

2. Quick response equipment for county fires as the current response truck is a 1974 which is considered antique for equipment

3. A ladder unit because of taller and larger buildings in the area such as the Crossroads Center, USU University Bldg., UBTAC Bldg, UBTA Bldg, Davis Jubilee, Coast to Coast, WE Machine and the Hospital.

Brad Hancock stated that considering the tax base from assets involved and sales tax incoming from hwy 40 southwest out of Roosevelt in the county it makes sense that an agreement be made so that the county can protect the assets of the area. He also stated that is it tough for Roosevelt City to get any funding without an agreement with the county to borrow any money on. Brad would be willing to prepare an agreement with an annual fee. The commission thought an agreement should be started with Georg. Commissioner Thayne suggested that a meeting be set up with Georg, Roosevelt City, and Duchesne and Uintah County Commissioners to come to an agreement as this has gone on over a year.

Action: Georg will get with Brad and set up meeting time that is convenient for all concerned.

Commissioner Kappen noted that USDA has a 35-50% match grant available for fire equipment, based on income per capita. With the whole county it would be possible to get a $2 million grant and loan mix. He also suggested purchasing used equipment from the larger cities as an option.

Reciprocal Fire Fighting Agreement - Duchesne & Wasatch Counties  In 1992 Duchesne County made an agreement with Wasatch County for fire protection of the East side of Wasatch County and the contract needs to be renewed as it has expired.

Georg suggested renewing the same agreement with no increase in rates, then look at the agreement again at the end of the year and see how it is working out. The Commissioners want to review the agreement first, and rescheduled this item for August 7th.

Zone Changes:  Clair Duncan, requesting a change from an A/R Agriculture Recreational, a 5 acre zone to a RR Rural Residential a 1 acre zone, Section 1, Township 3 South, Range 2 West U.S.B. &M. Located in the North Myton Bench area.

ORDINANCE NO. 00-170
AN ORDINANCE CHANGING THE ZONING FROM A/R-1 (AGRICULTURAL/RECREATIONAL), A 5-ACRE ZONE, TO RR-1 (RURAL RESIDENTIAL), A 1-ACRE ZONE

WHEREAS Duchesne County has adopted a zoning ordinance, zoning portions of the county for various uses, and

WHEREAS a property owner has petitioned the county to change the zoning for use from A/R-1 (Agricultural/Recreational), a 5-acre zone, to RR-1 (Rural Residential), a 1-acre zone on a parcel of property located in Section 1, Township 3 South, Range 2 West, USM., and

WHEREAS the matter has been brought before the Duchesne County Planning and Zoning Commission, and

WHEREAS the Planning and Zoning Commission has held a public hearing on said zone- change request and after due consideration recommends that the zone change be granted and

WHEREAS the Duchesne County Commission has had a full discussion of the matter in a public meeting, and

BE IT HEREBY ORDAINED as follows:  The current zoning of A/R-1 (Agricultural/Recreational), a 5-acre zone, is changed to RR-1 (Rural Residential), a 1-acre zone for the following parcel of property described as follows:  Township 3 South Range 1 West U.S.B.& M..Section 1: Beginning at the NE Corner of the SW 1/4 of the SW 1/4 of said section; Thence South 0*08'32" east 326.07 feet along the east line of said SW 1/4 of said SW 1/4; Thence west 688.72 feet to the Uintah Basin Telephone Association Property; Thence north 89*48'56" West 576.37 feet along the North line of said property to the west line of U.S. Highway 40; Thence North 0*12'08" West 320.30 feet along said West line to the North line of said SW 1/4 of said SW 1/4; Thence 89*49'22" East 1265.41 feet along said North line to the point of beginning, Containing 9.37 acres.

The following petition, opposing the change, was received and noted by the Commissioners:

We the undersigned are opposed to Clair Duncan changing the zoning in the North Myton Bench area. It has been a 5 acre and we would like it to remain that way. There are no covenants in place to control the manner of building or the up keep of yards or property. This is very visible in one area of our neighborhood. Thank you.

Signed by: Ivan German, Elaine German, Clair L. Warner, Barbara C. Warner, Lowell Glines, Charles Glines, Ruth Leonard, Keith Davis, Susan Tanner, Ray Goa, Jay Sorensen.

The Planning & Zoning board gave a favorable recommendation for the change to 9-one acre lots. After discussing the petition, and the fact that no one had come to either of the two public meetings, which were advertised, to oppose the change the following motion was made.  Motion: Commissioner Kappen motioned to approve ordinance 00-170, Commissioner Thayne second. Roll Call Vote: All Commissioners, Aye.

Mark and Percy Stewart, requesting a change from an A/R-1 Agriculture Recreational, a 5 acre zone to a 2.5 Agriculture zone, Section18, Township 2 South, Range 1 West, U.S.B.&M. Located in the Hancock Cove area.

ORDINANCE NO. 00-168
AN ORDINANCE CHANGING THE ZONING FROM A/R-1 (AGRICULTURAL/RECREATIONAL), A 5-ACRE ZONE, TO A (AGRICULTURE), A 2.5-ACRE ZONE

WHEREAS Duchesne County has adopted a zoning ordinance, zoning portions of the county for various uses, and

WHEREAS a property owner has petitioned the county to change the zoning for use from A/R-1 (Agricultural/Recreational), a 5-acre zone, to A (Agricultural), a 2.5-acre zone on a parcel of property located in Section 18, Township 2 South, Range 1 West, USM., and

WHEREAS the matter has been brought before the Duchesne County Planning and Zoning Commission, and

WHEREAS the Planning and Zoning Commission has held a public hearing on said zone- change request and after due consideration recommends that the zone change be granted and

WHEREAS the Duchesne County Commission has had a full discussion of the matter in a public meeting, and

BE IT HEREBY ORDAINED as follows:  The current zoning of A/R-1 (Agricultural/Recreational), a 5-acre zone, is changed to A (Agricultural), a 2.5-acre zone for the following parcel of property described as follows:  Township 2 South Range 1 West U.S.B.& M.  Section 18:  The E ½ of the NE 1/4; Except the following described property, Beginning 719.00 feet South of the Northwest Corner of the Northeast 1/4 of said section 18; Thence South 72.00 feet; Thence East 303.00 feet; Thence North 72.00 feet; Thence West 303.00 feet to the point of beginning. Also excepting; beginning at the Northwest corner of the Northeast 1/4 of the Northeast 1/4 of said section, thence North 89*57'18" East 303.00 feet along the North line of said Northeast 1/4 of said Northeast 1/4; thence South 0*33'20" East 719.00 feet parallel with the West line of said Northeast 1/4 of said Northeast 1/4; Thence South 89*57'18" West 303.00 feet parallel with said North line to said West line; Thence North 0*33'20" West 719.00 feet to the point of beginning.

There is no opposition and Planning and Zoning has given a favorable recommendation. There will be thirty (30) 2.5 acre lots.  Motion: Commissioner Kappen motioned to approve ordinance 00-168, Commissioner Thayne, second. Roll Call Vote: All Commissioners, Aye.

Mark also asked about a road along the gulch in front off of highway 40, which does not go anywhere and apparently is a county road. He would like to have the road closed, as it serves no purpose at this time.

Action: Clayton will look into it and help in the closing of the road if it is possible. 

Joe and Vivian Curry, requesting a change from an A/R-1 Agricultural Recreational, to a 5- acre zone to a 2.5-acre Agricultural zone. Section 32, Township 1 North, Range 8 West. Located in the Hanna/Tabiona area.

ORDINANCE NO. 00-169
AN ORDINANCE CHANGING THE ZONING FROM A/R-1 (AGRICULTURAL/RECREATIONAL), A 5-ACRE ZONE, TO A (AGRICULTURE), A 2.5-ACRE ZONE

WHEREAS Duchesne County has adopted a zoning ordinance, zoning portions of the county for various uses, and

WHEREAS a property owner has petitioned the county to change the zoning for use from A/R-1 (Agricultural/Recreational), a 5-acre zone, to A (Agricultural), a 2.5-acre zone on a parcel of property located in Section 32, Township 1 North, Range 8 West, USM., and

WHEREAS the matter has been brought before the Duchesne County Planning and Zoning Commission, and

WHEREAS the Planning and Zoning Commission has held a public hearing on said zone- change request and after due consideration recommends that the zone change be granted and

WHEREAS the Duchesne County Commission has had a full discussion of the matter in a public meeting, and

BE IT HEREBY ORDAINED as follows:
The current zoning of A/R-1 (Agricultural/Recreational), a 5-acre zone, is changed to A (Agricultural), a 2.5-acre zone for the following parcel of property described as follows:   Township 1 North Range 8 West U.S.B.& M..    Section 32:      Commencing at North 1/4 Corner of said Section; Thence South 14*35'57" East 2115.94 feet to the Highway right of way monument at engineers station 1181+66.57 State Highway 35; Thence South 51*35'11" East 89.00 feet along the North Right of way line of said Highway to the true point of beginning; thence North 38*24'49" E 100.00 feet, thence North 0*00'00" East 658.00 feet; thence South 90*00'00" W 155.94 feet; thence South 0*00'00" W 661.52 feet to said North right of way line; thence Southeasterly 31.00 feet along said North line to said right of way monument; thence South 51*35'11" East 89.00 feet along said North line to beginning. 2.50 acre. ALSO: Commencing at the North 1/4 corner of section 32, thence South 14*35'57" East 2115.94 feet to the Highway Right Of Way Monument at engineers station 1181+66.57 State Highway 35; thence South 51*35'11" East 89.00 feet along the North Right of way line to said Highway to the true point of beginning. Thence North 38*24'49" East 100.00 feet; thence North 0*00'00" East 484.41 feet; thence South 90*00'00" East 157.00 feet more or less to the East line of the Joe Curry property; thence South 735 feet more or less along said line to said North right of way line; thence Northwesterly 14 feet more or less along said North line to a Highway right of way Monument; thence North 51*35'11" W 262.83 feet along said North line to the true point of beginning. 2.50 acres

Joe would like to get one (1) acre lots approved if that was possible. At this time the Ordinance prohibits 1-acre lots without an approved water or sewer source. It costs $2,500 for a Hanna Water and Sewer hook-up. Joe is concerned as to when the water will be available as there is no water source now. He cannot see paying the money when there is not water and sewer available.

There was no opposition to the 2.5 acre change, and Planning and Zoning has given a favorable recommendation for the 2.5 acre lots.

Motion: Commissioner Kappen motioned to approve ordinance 00-169, Commissioner Thayne second. Roll Call Vote: All Commissioners, Aye.

AAA Contract:  Curtis Dastrup, Diana Jensen and Lyle Lemon were present. Commissioner Thayne suggested signing the contract as it is at this time which is $7,000.00 per month with the county paying vehicle/transportation expenses until December 31, 2000. However, instead of waiting six months to discuss the contract, start reviewing and renegotiating in October for the next year. That way UBAOG is not left hanging while they decide on an agreement. Commissioner Kappen also asked to have at least one week notification concerning any meetings he is to attend so he can put them on his calendar and be there. Roland, Deputy County Attorney is to have the contract ready to review next week August 7th.

Diana Stevens asked the Commission what they would like in the West End Newsletter as a report coming from the Commission. The West End Newsletter is a monthly newsletter put out by Shar Carr. The newsletter is an informative letter with information about the west end of the county along with information about building permits and codes from Planning and Zoning. The commission commended her efforts.

Office Policy on Retention of Records
The Clerk/Auditor's office asked for approval of an office policy concerning commission meeting recorded tapes and draft papers as follows.

All recorded tapes and draft papers of Duchesne County Commission Minutes will be used only for the preparing of the official minutes and are the property of the Clerk/Auditor. When the official minutes are approved by the County Commission at a regular Commission Meeting and signed the tapes and drafts will be erased and/or destroyed. The taping of Commission Meetings is for the convenience of the Clerk/Auditor not for the public.

Motion: Commissioner Kappen motioned to approve the Clerk/Auditor office Policy, Commissioner Thayne, second. Roll Call Vote: All Commissioners, Aye.

8th District Court Bailiff Contract - Memorandum of Understanding  The following contract was presented by the Duchesne County Sheriff's office.

REGARDING: The Contractual Agreement between Duchesne County and the Administrative Office of the Courts, whereby the Duchesne County Sheriff's Department provides bailiff services to the Eighth District Court.

This Memorandum of Understanding would continue the terms and conditions of the above mentioned contract for an additional year from July 1, 2000 to June 30, 2001. Contract compensation not to exceed $5.300.

Motion: Commissioner Kappen motioned to approve the 8th District Court Memorandum of Understanding, Commissioner Thayne, second. Roll Call Vote: All Commissioners, Aye.

Agreement with State of Utah RS2477 - Right of Ways
The Commission discussed the attached Quiet Title Litigation Agreement prepared by the Attorney General's Office.  Motion: Commissioner Kappen motioned to approve the Quiet Title Litigation Agreement with the State of Utah for RS2477 Rights. Commissioner Thayne, second. Roll Call Vote: All Commissioners, Aye.

RESOLUTION NO. 00-17
A RESOLUTION APPROVING EXECUTION OF THE QUIET TITLE LITIGATION AGREEMENT AND THE PLAN FOR R.S. 2477 RIGHTS

WHEREAS the Utah State Legislature authorized a plan for a good-faith cooperative effort between the State and participating counties for asserting, defending, or litigating state and local government rights under R.S. 2477, that allows a county to formally agree to participate in the plan by adopting a resolution and provides that the State and a participating county are equal partners in determining litigation strategy and the expenditure of resources with respect to that county's rights under R.S. 2477, and

WHEREAS it is in the best interests of Duchesne County that its R.S. 2477 rights are asserted, defended and litigated as necessary, and

WHEREAS Duchesne County has reviewed the plan for R.S. 2477 rights and desires to participate in the plan, and

WHEREAS Duchesne County has reviewed and desires to execute the Quiet Title Litigation Agreement,

NOW THEREFORE BE IT RESOLVED as follows:
Duchesne County hereby agrees to participate in the plan for R.S. 2477 rights, attached hereto and incorporated herein by this reference.

Duchesne County hereby approves [ratifies] the execution of the Quiet Title Litigation Agreement.

Duchesne County hereby appoints Commissioner Guy R. Thayne to serve as its representative for coordination with counsel on the quiet title litigation.

PASSED AND APPROVED by the Duchesne County Board of Commissioners this 31st day of July, 2000.

Motion: Commissioner Kappen motion to approve Resolution 00-17, Commissioner Thayne, second. Roll Call Vote: All Commissioners, Aye.

Tax Adjustments - Assessor

Serial/Account	Year	Debit/Credit	Comment
052392Dist091	2000	-$7.50	Paid on trailer twice

Motion: Commissioner Kappen motioned to approve, Commissioner Thayne, second. Roll Call Vote: All Commissioners Aye.

Auditor's Office - Vouchers - Diane Freston, Clerk/Auditor presented vouchers #69420 to #69448 totaling $8,779.74, vouchers #69449 to #69558 totaling $389,673.32, vouchers #66831 to #66833 totaling $8,802.63, vouchers #66928 to #66933 totaling $147,509.30, vouchers #67540 to #67541 totaling $5,348.28 and voucher #67558 for $1,760.00 for approval.  Motion: Commissioner Kappen motioned to approve the Vouchers, Commissioner Thayne, second. Roll Call Vote: All Commissioners, Aye.

Adjournment - 3:19 PM

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