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 AUGUST 7, 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:  Diane Freston, Clerk/Auditor, Road Supervisor Douglas Nielsen, Clayton Chidester from Planning and Zoning, Blaine and Elaine Berger, Linda B. Snow, Trevin Gilbert, Curtis Ellingford, Barbara Stevens Ellingford, Geno Defa, County Surveyor Jerry Allred, Wilbur Hammond, Roy A Casper, Susan Hamilton, Bill Wall, Dustin Gremleuf, Bob West, Tren Grant, Gerald Wilkerson, Jon Wilkerson, Randy Crozier, Rick Hallmark from Tri County Health Department, Senator Beverly Evans, Representative Gordon Snow, Jamie Park, Teresa Nielsen, Leann Stewart, Jerry Lisonbee, Georg Adams, Kris Bancroft, Walt Donaldson and Jack Lytell from UDWR

Prayer: Commissioner Larry S. Ross
Pledge of Allegiance

Minutes: Minutes for July 31, 2000 were read.  Motion: Commissioner Kappen motioned to approve the minutes with corrections, Commissioner Ross second, the motion carried. Roll Call Vote: All Commissioner Aye.

Road Items - Supervisor Doug Nielsen
Supervisor Nielsen reported that the Upper Pleasant Valley Road is now being chipped.

Doug also informed the Commission that the Forest Service is doing their portion of the road work on the North Fork Road as agreed and that the county would begin hauling tarsands on the 15th or 16th of August.

Doug mentioned that a Duchesne City Council Member has asked for the use of the county's bucket truck for ½ day to trim trees around the Marie Pope Museum area. The commission approved the request.   

The Commissioners, Surveyor Jerry Allred, and Supervisor Nielsen discussed the designation of the county's RS2477 roads. The State Attorney General's office is taking the lead on the Quiet Title Lawsuit and has requested a list of 20 roads on BLM and/or Forest Land be submitted not later than September 1, 2000 to them. Jerry indicated that the B&D-Road maps are incorrect and that the aerial maps are 100% correct and he would prefer to use them. A planning meeting was set up for Wednesday August 9th at 4PM in conference Room #1 to begin designating the roads.

Blaine and Elaine Berger - Red Creek Road
Elaine Berger asked if the Commission had received any information concerning the ATV use request of last week. Commissioner Thayne said that he had talked to Randy Crozier from the Duchesne County Water District and found that the pipeline will run down the road eliminating any ATV trail off the county road.

Commissioner Kappen indicated that he had talked to our insurance company and the county would have a liability problem if designating an ATV road. Mrs. Berger asked about getting an endorsement rider on our insurance policy for a certain amount of miles for ATV use. It was suggested that Mrs. Berger contact the DWR and State Trust Lands to see if they could find a solution, which she agreed to do. Mrs. Berger will bring this back at a later date. No action was taken at this time.

Fairground Contract - Jerry Lisonbee
The following agreement was discussed for maintenance and management services for the fairgrounds. Jerry will use his own tractor occasionally when the road department's equipment is unavailable.

AGREEMENT

This agreement entered into on this 1st day of June, 2000, between Duchesne County, a political subdivision of the state of Utah and Jerry Lisonbee, an individual.

RECITALS
WHEREAS Duchesne County owns a rodeo arena, livestock barns, and horse stalls and the property known as the Duchesne County Fairgrounds, and

WHEREAS these properties require continuous maintenance, and

WHEREAS the county leases the horse stalls, the livestock barns, and rodeo arena for various events, and

WHEREAS the county has determined that it is in its best interest to contract with someone for the maintenance and operation of the facilities, and

WHEREAS Jerry Lisonbee has expressed an interest in doing the routine maintenance and overseeing the leasing of the premises, and for good and valuable consideration being exchanged, the parties hereby agree as set forth below.

SECTION I - PROVISION OF MAINTENANCE AND MANAGEMENT SERVICES
Jerry Lisonbee hereby agrees to provide the maintenance services for the properties known as the rodeo arena, the livestock barns, and the horse stalls located on the property referred to as Duchesne County Fairgrounds and to oversee the collection of rentals for the renting of the facilities to the general public.

SECTION II - PRICE
The County agrees to pay Jerry Lisonbee for the services set forth above the sum of Eighteen Hundred Dollars ($1800.00) per year.

SECTION III - COLLECTION OF RENTALS
The county shall set forth a rental schedule for the facilities and Jerry Lisonbee shall collect the rentals as they come due and deposit said rental with the office of the County Treasurer and shall provide a written quarterly report of all rentals received, setting forth the amount, the renter, and the period of time of the rental.

SECTION IV - INDEPENDENT CONTRACTOR
In performing this agreement, Jerry Lisonbee is acting as an independent contractor and is not subject to or eligible for any other terms, conditions or benefits of employment otherwise applicable to employees of Duchesne County.

SECTION V - SUPPLIES
All materials required for repair of maintenance of the facilities shall be requisitioned from Duchesne County and approved by the Duchesne County Commission prior to the expenditure for said supplies.

Motion: Commissioner Ross motioned to approve the fairground agreement between Duchesne County and Jerry Lisonbee with an annual payment being approved. Commissioner Kappen second, the motion carried. Roll Call Vote: All Commissioners Aye.

Fairground Improvement - Jamie Park, Jerry Lisonbee
Jamie Park and Jerry Lisonbee presented an estimate bid for fence work at the fairgrounds in the amount of $1,030.00. Considering the time factor involved it was determined that the fence work should be budgeted for and done early in 2001 with more estimates required.

Notice of Claim Pursuant to Utah Governmental Immunity Act, Section 63-30-11 UAC - Gina M. Arnold & Charlie S. Arnold
The commission reviewed the attached notice of claim concerning a negligence claim with the Uintah Basin Medical Center.  Motion: Commissioner Kappen motioned to acknowledge receiving the notice of claim pursuant to the Utah Immunity Act, Commissioner Ross second, the motion carried. Roll Call Vote: All Commissioner Aye.

Planning & Zoning - Final Plat Approval - XV Limited - Geno Defa  Clayton Chidester and Geno Defa presented the final plat for XV Limited subdivision located in Sec 29, T1S, R7W, USBM for approval. It was noted that this subdivision has private roads in it and that the county has no maintenance responsibility inside the subdivision. The lot owners have signed an agreement to this effect and are aware that there will be no road service.

Commissioner Ross stated that the road approaching the subdivision needs to be wider and that in the future this will cause a problem. The road approaching the subdivision and all roads in the subdivision are private roads. The County assumes no responsibility for them. The Planning and Zoning Commission originally denied the final plat, but the subdivider went to the Board of Adjustment and got approval. 

Motion: Commissioner Kappen motioned to approve the Final Plat as a private subdivision for XV Limited. Comissioner Ross second, the motion carried. Roll Call Vote: All Commissioners Voting Aye.

Proposed Sub-division Ordinance Hearing - 2:00 PM
Clayton Chidester, Planning and Zoning Director, presented the proposed revisions of the Duchesne County Subdivision Ordinance as specified in Sections 16 and 17 of the Utah Code and HB 166. Mr. Chidester indicated the additions to, changes and deletions of the ordinance page by page and received public comment. The main areas of concern were:

1. On page 9 of 38 last paragraph - It was felt that the Road Supervisor should not have to make financial decisions for a developers road improvement. A better solution would be to designate the cost after the project is done. Road Supervisor was changed to actual costs to be submitted with the final plat and approved by the planning commission and attorney as well as the Road Supervisor.

2. On page 11 of 38, item#3. Is the development necessary? Are existing developments in the area successful? - It was stated the no one should dictate where people choose to live and not live. The above questions were deleted from the text.
   The Ordinance is attached with all changes being highlighted

Motion: Commissioner Ross motioned to adopt the revision to Title 16 with corrections, Commissioner Kappen second, the motion carried. Roll Call Vote: All Commissioners Voting Aye.

Clerks Office - Polling Locations Approval
Diane Freston Clerk-Auditor presented a listing of proposed voting precincts and polling locations for the November 7th 2000 General Election as follows:

Altamont - 84001	Town Hall	Altamont
Duchesne #1 - 84021	Gateway Senior Center	Duchesne
Duchesne #2 - 84021	Gateway Senior Center	Duchesne
Fruitland - 84027	Water District Office	Fruitland
Mt. Home - 84051	Rock Creek Store	Mt. Home
Myton - 84052	Myton Elementary	Myton
Neola - 84053	Neola Elementary	Neola
Roosevelt #1 - 84066	Crossroads Center	Roosevelt
Roosevelt #2 - 84066	Crossroads Center	Roosevelt
Roosevelt #3 - 84066	Crossroads Center	Roosevelt
Roosevelt #4 - 84066	Crossroads Center	Roosevelt
Roosevelt #5 - 84066	Crossroads Center	Roosevelt
Tabiona - 84072	Town Hall	Tabiona

Motion: Commissioner Kappen motioned to approve the voting precincts and polling locations proposed by the Clerk-Auditor's office, Commissioner Ross second, the motion carried. Roll Call Vote: All Commissioners Aye.

Reciprocal Fire Fighting Agreement - Duchesne and 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. The agreement was discussed and signed with Georg taking the originals to Wasatch County for signature.   Motion: Commissioner Ross motioned to approve the attached Reciprocal Fire Fighting Agreement, Commissioner Kappen second, the motion carried. Roll Call Vote: All Commissioners Aye.

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

Timesheets: Leann Stewart, Deputy Clerk-Auditor presented the Commissioners with Department Head timesheets for their signatures.

Vouchers: Diane Freston Clerk/Auditor presented vouchers #69559 to #69665 totaling $141,823.92 for approval.  Motion: Commissioner Kappen motioned to approve the Vouchers, Commissioner Ross second, the motion carried. Roll Call Vote: All Commissioners Aye.

Tax adjustment - Assessor

Serial/Account	Year	Debit/Credit	Comment
4970-4	1999	-$112.40	Should have been assessed on greenbelt.

Motion: Commissioner Ross motioned to approve, Commissioner Kappen second. Roll call vote: All Commissioners Aye.

Adjournment - 4:00 PM

Sandwash Reservoir - Pollution Meeting - 4:00 PM Conference Room #1 (minutes are attached - refer to clerk's office).

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