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 SEPTEMBER 25, 2000 BEGINNING AT 1:00 P.M. IN THE COMMISSION BOARD ROOM
IN DUCHESNE, UTAH

Commissioners Present:  Acting Commission Chairman F. Ted Kappen and Commissioner Larry S. Ross.

Commissioners Absent: Commission Chairman Guy R. Thayne was ill.   

Others Present:  Diane Freston, Clerk/Auditor, Road Supervisor Douglas Nielsen, Jan Roberts, Deputy Clerk/Auditor Carol Casey, Beverly Park, Regina Burnhurst, Sue Coleman, Roger Holfeltz.

Prayer: Commissioner F. Ted Kappen
Pledge of Allegiance

Minutes: Minutes for September 18, 2000 were read by Commissioner Ross.  Motion: Commissioner Ross motioned to approve the minutes with corrections, Commissioner Kappen second, the motion carried. Roll Call Vote: Both Commissioners Voting Aye.

The revised bid as noted in the September 18, 2000 minutes for the North Entrance of Crossroads Senior Center, submitted by Kielbasa Contracting from $26,204.00 to $20,854.00 was discussed.  Motion: Commissioner Ross motioned to accept the revised bid as presented for $20,854.00. Commissioner Kappen second, the motion carried. Roll Call Vote: Both Commissioners Voting Aye.

...............Leslie Whiting, Uintah Basin Standard and Curtis Dastrup,
Uintah Basin Association of Governments joined the meeting...............

Road Items - Supervisor Doug Nielsen
Supervisor Nielsen read a letter from Gregory Searle Region Three Project Manager. The subject of the letter was the Strawberry River Bridges, # 4,5,6,& 7 West of Duchesne, and the cost estimate from Horrocks Engineers for the construction engineering on the project. Mr. Nielsen requested the Commissioners approval of the modifications for construction engineering costs made by Mr. Searle, and in the interest of time Doug had prepared a letter to Mr. Searle accepting the proposal which follows...

Mr. Greg Searle
UDOT Region 3 Project Manager
P.O. Box 215
825 North 900 West
Orem, Utah 84049

Subject:   Duchesne County Bridge Replacement Project
                 Project No. BRO-LC13(2)
                 Construction Engineering Services

Dear Greg:

The Duchesne County Commission has reviewed the proposed Construction Engineering cost estimate, schedule and work plan submitted by Horrocks Engineers for the following four bridges:

            DC-S04, UDOT #013043F
            DC-S05, UDOT #013042F
            DC-S06, UDOT #013041F
            DC-S07, UDOT #013040F

Duchesne County accepts the Horrocks Engineers Construction Engineering dated September 13, 2000 with costs of $144,580.00 and recommends UDOT proceed with finalizing the contract arrangements.

Sincerely,

Duchesne County Commission        

Motion: Motion made by Commissioner Ross directing Supervisor Nielsen to send the letter to Gregory Searle accepting the 12% of total cost for construction engineering, totaling $144,580.00 and finalizing the contract. Motion seconded by Commissioner Kappen, motion carried. Roll Call Vote: Both Commissioners voting Aye.

Supervisor Nielsen stated that the current Hot-Mix projects were finished and that the Road Department had completed 12 miles of road this year.

Commissioner Ross stated that he had received a response from the State Historical Society regarding the Bridgeland Bridge. The Historical Society stated that the bridge is not listed on the National Register of Historic Places, they will need photographs in order to assess the eligibility of the Bridge. Supervisor Nielsen will take three photos from different angles and send them with a letter requesting direction to the Society.

Commissioner Ross commented on a safety issue at "Ostler's Corner" junction of 3000 West and 200 North. As you travel North on 3000 West, at the intersection there are two Russian Olive trees blocking the view of traffic and the yield sign on the road from the Southeast, he would like Doug to have the trees removed.

...............Max Rasmussen, Deputy Attorney Roland Uresk, John &
Diana Manning joined the meeting...............

Adoption of Ordinance No. 171 - Closure of 100 East Street, Bluebell Townsite  Jan Roberts was present to discuss his request to vacate First East Street in Bluebell Townsite. The following Ordinance was presented.

ORDINANCE NO. 00-171
AN ORDINANCE VACATING A PORTION OF FIRST (100) EAST STREET BLUEBELL TOWNSITE

WHEREAS Duchesne County has an easement for purposes of a roadway known as 100 East Street in the platted Bluebell Townsite, and

WHEREAS part of said easement is not now being used nor is intended to be used in the near future as a public street, and

WHEREAS the property owner, who owns the property in Blocks 7 and 8 which fronts First East Street has requested the vacation of that portion of First (100) East Street between Blocks 7 and 8 in the Bluebell Townsite, and

WHEREAS the County has conducted a public hearing on September 18, 2000, hearing input from the public and having noticed all parties by way of publication, and for good cause shown,

BE IT HEREBY ORDAINED as follows:

1. That portion of the easement owned by Duchesne County known as First (100) East Street between Blocks 7 and 8 in the Bluebell Townsite is hereby vacated.

2. The vacation of said easement shall only operate so as to terminate the public's interest in said easement and shall not affect any private landowner's rights of easement across said property including utility easements existing of record.

    DATED this 25th day of September, 2000.     

Motion: Commissioner Ross motioned to adopt Ordinance No. 00-171. Commissioner Kappen second, the motion carried. Roll Call Vote: Both Commissioners Voting Aye.

Curtis Dastrup, AAA Agreement with UBAOG
Mr. Curtis Dastrup was present to go over the proposed agreement with Duchesne County and Uintah Basin Association of Governments for services of the aging program. Section three concerning ownership of property, section four concerning transportation and section seven concerning providing meals were discussed. Mr. Dastrup questioned the term of the contract stating that December 31st was only 3 months away and asked that it be extended to 6/30/01 which is the same as the State.

Commissioner Kappen reminded Mr. Dastrup that the reason for the December date was to make a decision based on the Commissioners satisfaction with the arrangement. Mr. Kappen also stated that he had not been notified of the monthly meetings as was originally agreed.

Commissioner Ross feels it is best to keep the year-end review date, most County contracts expire at that time, and are reviewed for changes and renewals.  The revised agreement is as follows:

AGREEMENT

This Agreement entered into between Duchesne County, a political subdivision of the State of Utah, hereinafter referred to as County, and Uintah Basin Association of Governments, hereinafter referred to as UBAOG, on this ____ day of July, 2000.

WHEREAS, the County is a political subdivision of the State of Utah; and,

WHEREAS, UBAOG is a political subdivision of the State of Utah; and,

WHEREAS, UBAOG is charged with the administration of certain grant monies from the State and federal government to implement programs under the Older Americans Act; and,

WHEREAS, Duchesne County is interested in providing and enhancing their current program for older Americans within the county; and,

WHEREAS, the County provides certain funds for their aging program; and,

WHEREAS, it has been determined by the County that a consolidation of the services offered for the County aging program and the grant-administration services provided by UBAOG would be in the best interest of both entities; and,

WHEREAS, the Interlocal Cooperation Act of the State of Utah Code (Section §11-13-1 seq.) was enacted to permit local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner pursuant to forms of government organization that will accord best with the geographic, economic, population and other factors influencing the needs and development of local communities and to provide the benefit of economy of scale, economic development, and utilization of natural resources for the overall promotion of the general welfare of the State; and,

WHEREAS, UBAOG and the County desire to enter into such an interlocal agreement; and,

FOR THE MUTUAL CONSIDERATIONS set forth below, the parties agree as follows:

SECTION ONE
ADMINISTRATION OF THE DUCHESNE COUNTY AGING PROGRAM  UBAOG agrees to assume the administration of the Duchesne County Aging Program and to operate the program in such a manner as to provide services to the senior citizens of Duchesne County. UBAOG shall provide adequate employees to conduct the day-to-day operation of the Duchesne County Aging Program as organized and operated by UBAOG. UBAOG shall have the use of the facilities and vehicles of the county as further set forth in subsequent paragraphs.

SECTION TWO
PAYMENT
The County shall pay to UBAOG the sum of Seven Thousand Dollars ($7,000.00) per month plus the cost of vehicles maintenance.

SECTION THREE
OWNERSHIP OF PROPERTY
The County is the present owner of two facilities: the Gateway Senior Center, located in Duchesne, Utah and the Crossroads Senior Center, located in Roosevelt, Utah, and is the owner of various vans used to transport senior citizens. UBAOG shall be entitled to the use of the vehicles for purposes of transportation and the use of the facilities for the operation of its senior citizens programs under the terms and conditions set forth below. Ownership of all existing property including dishes, utensils, furniture and other items located in the facilities of the Senior's program shall remain with the County and not be transferred to UBAOG. Additional acquisitions of property by way of a grant or purchase shall also be the property of Duchesne County, unless ownership by UBAOG is required by the terms of the grant used to purchase said property.

SECTION FOUR
TRANSPORTATION
The certain vehicles owned by the County shall be used at the discretion of UBAOG for purposes of senior citizens activities. UBAOG shall provide a driver of the vehicles. The County shall retain title to the vehicles, keep the vehicles insured under its insurance policy, and provide routine maintenance. UBAOG shall reimburse the County for insurance costs and routine maintenance costs up to the maximum amount allowable under the grants. Any differences shall be the responsibility of the County. UBAOG shall have complete control over the drivers and the operations of the transportation with the following modifications:

UBAOG shall provide a report to the County of all accidents involving the vans and any driver's training that the drivers are involved in;

The County shall also have input in any driver discipline actions for tickets or accidents and may disapprove any driver it deems inadequate for the purposes of driving the vans;

The County shall have the right to use said vehicles for its transportation purposes, ie. road tours, meetings, etc. subject to availability of the vehicles, and not in conflict with senior activities.

County vehicles, if available, may be used by another public entity if additional revenue is generated for the County and the County does not have a previously planned use.

SECTION FIVE
FACILITIES
UBAOG shall have the use of the County facilities known as the Gateway Senior Center and the Crossroads Senior Center except for that area of the Crossroads Senior Center that is used by the Chamber of Commerce, more particularly described as the two offices and the reception area on the north side of the building. The use of the facilities by UBAOG shall be at no cost to UBAOG and the value of such use of the facilities shall be an in-kind contribution by the County for grant purposes. The County shall provide all routine maintenance of both facilities by a County employee. The County will further pay utilities in proportion to the centers for which UBAOG shall reimburse the County for utility costs up to the maximum amount allowable pursuant to their grants. The use of the facilities shall be subject to the days reserved by Roosevelt City, to wit: twenty days per year plus the entire UBIC week and for activities scheduled by the County in advance not in conflict with senior activities or other scheduled activities. Management of the facilities shall remain with the County.

SECTION SIX
EMPLOYEES
All employees of the Senior Citizens program shall be employees of UBAOG and not the County except for those individuals designated by the County to be responsible for building maintenance. All employees designated a UBAOG shall be subject to the policies and procedures of UBAOG and not of Duchesne County. UBAOG will be responsible for all costs associated with its employees, to wit: workman's compensation coverage, unemployment insurance, etc. All existing sick and annual leave accumulated by former employees of Duchesne County who have been hired by UBAOG shall be transferred to the account of UBAOG. Employees shall not lose any sick or annual leave due to the termination of their employment with Duchesne County and their being hired by UBAOG.

SECTION SEVEN
MEALS
Programs providing senior meals shall be provided according to the program requirements of the State of Utah, the Older Americans Act, and Duchesne County, to wit: Meals on Wheels, Weekly Meals, and Daily Meals. UBAOG shall solely be responsible to operate these programs.

SECTION EIGHT
ACTIVITIES
It is understood between the parties that UBAOG shall provide enhanced activities for the Senior Citizen's program of both Duchesne and Roosevelt Senior Centers.

SECTION NINE
VOLUNTEERS
It is anticipated by both parties that there will be an extensive use of senior volunteers within the Senior Citizen's Program. It is further understood that all volunteers shall be under the direction of UBAOG.

SECTION TEN
MODIFICATION
This agreement may be modified by the parties but only upon written agreement signed by both the representative of the County and the representative of UBAOG.                    

SECTION ELEVEN
TERM
It is understood between the parties that the term of this agreement shall terminate on its own terms December 31, 2000, but may, after review, be renewed at the option of Duchesne County for a term which is mutually agreed upon by the parties.

SECTION TWELVE
TERMINATION
It is further agreed between the parties that if either party is not satisfied with this arrangement, that they shall give the other party notice of dissatisfaction. The parties then shall meet and determine whether or not the matter can be resolved. If it cannot be resolved, either party retains the right to cancel this agreement upon giving notice to the other party sixty days in advance of the proposed termination date.   

Motion: Motion to adopt the AAA Agreement with UBAOG as revised made by Commissioner Ross, motion seconded by Commissioner Kappen, motion carried. Roll Call Vote: Both Commissioners voting Aye.

River Bottom Title Issues, John Manning
Mr. Manning expressed his frustration with the problems of Tribal claims on the old river bottoms in Duchesne City. He has paid taxes on the lots for thirty years and is unable to get title insurance on them.

The Commission and Deputy Attorney agreed that this issue was a city problem, however Commissioner Ross believes that the County could help the City work together with the Tribal Attorney's to resolve the issue of river bottoms, streets and alleys in the city. The Commission is in support of helping Duchesne City resolve these issues with the tribe.

...............Gilbert Montoya and Fred Mauerman from the PFSSD and
Kris Bancroft, Assessor's Office joined the meeting...............

Commercial Property Issues, Max Rasmussen
Mr. Rasmussen addressed the commission to protest the value the Assessor had on his commercial property. He stated that he has been unable to rent or sell the property for years.

Commissioner Kappen asked Mr. Rasmussen why he did not come in during the B.O.E.(Board of Equalization) He stated that he called the Assessor's office and they referred him to the Commission. Kris Bancroft from the Assessor's office explained that Mr. Rasmussen had come in last year after the BOE had closed, and the Commission informed Mr. Rasmussen he would need to appeal the next year during the BOE. He called again this year after the BOE had closed.

Commissioner Ross commented that Mr. Rasmussen had been in before the Commissioners several times in the past regarding the same issues, he suggested that Mr. Rasmussen get with the Assessor's office and do an income approach. Kris explained that Mr. Rasmussen's values are based on old information, and an income approach could be applied here.

Motion: Commissioner Ross motioned for Mr. Bancroft to work with Mr. Rasmussen to come up with a formula that is reasonable and fair for all. Motion seconded by Commissioner Kappen, motion carried. Roll Call Vote: Both Commissioners voting Aye.

Mr. Rasmussen also asked for some support in getting Roosevelt City not to annex his property along highway 40 into the city.

Pinon Forest Special Service District - Gilbert Montoya and Fred Mauerman  Mr. Gilbert Montoya, president of the district brought the Commission up to date with some background information of the progress they have made obtaining water for the district. Deep wells with gravity flow will be supplying the water for the district. The wells need to be tested. Funding has been a big issue, the district has received some grant money which was used for the preliminary engineering study, and mailing about half the survey letters to property owners to get an idea of how many hook-ups the district will need. Of the letters sent 560 connections have been requested.

Mr. Fred Mauerman stated that the response so far has been very encouraging, but the district is out of funds, which brings them to the reason for this meeting today, to ask the County to loan the district money until the taxes come in at the end of the year. The money will enable the district to mail the remaining survey letters.

Commissioner Ross stated that there will need to be interest charged on such a loan at the same rate the county would have earned which both Mr. Montoya and Mr. Mauerman agreed to.

Motion: Commissioner Ross motioned to loan the Pinion Forest Special Service District $6000.00 with the interest. The loan is not to exceed January 15, 2001. Motion seconded by Commissioner Kappen, motion carried. Roll Call Vote: Both Commissioners Voting Aye.

Lease Agreement - Tarsands
The following draft letter was prepared and read into the minutes concerning the Duchesne County Tar Sands Agreement with Esther Fausett.

Esther Fausett
P.O. Box 17
Ft. Duchesne, Utah 84026

Re: Fausett/ Duchesne County Tar Sands Agreement

Duchesne County is now entering its budgeting process, balancing this year's budget, and setting next years budget. This past year the County has, through court rulings and actions by the Utah State Tax Commission, has lost its revenue from the Airlines fly over tax, and has had a substantial reduction in its State assessed evaluation. Consequently, the County is reevaluating its expenditures. The County is not in a position to utilize all of the tar sands under the County's agreement with you. The County is therefore exercising its option under Section VII of the agreement to convert the purchase agreement to a lease. The County will, therefore, pay you the per ton price as set forth in the option for all material removed from the described property after October 1, 2000. The lease will be for a period of twenty years as set forth in the agreement.

The County has appreciated working with you and Johnny on this project. The tar sands that have been extracted have been a great benefit to the County's road program and the citizens of Duchesne County. It is with regret that we will not be able to proceed with the original purchase and must opt for the lease. If you have any questions about this please do not hesitate to contact us.

Sincerely,

Duchesne County Commissioners

Motion: After discussing the letter and issues Commissioner Ross motioned to exercise Duchesne County's option under Section VII of the agreement to convert the purchase agreement to a lease. The Clerk was instructed to complete the letter and send to Esther Fausett. Motion seconded by Commissioner Kappen. Motion carried. Roll Call Vote: Both Commissioners Voting Aye.

Commissioner Ross related that he had received a letter dated September 15, 2000 from the Forest Service informing the commission of their plans to thin trees at Moon Lake Campground, and Avintaquin Campground. The Clerk was instructed to respond to said letter agreeing with the proposal.

Motion: Commissioner Ross motioned to accept Decision Memo #1950/2300/2400 from the Forest Service. Motion seconded by Commissioner Kappen, motion carried. Roll Call Vote: Both Commissioners Voting Aye.

Liability Insurance Proposals and Decision, Judy Mutton, Personnel  Sheriff Stansfield, Judy Mutton, Juanita Allen joined the meeting and discussed the county and hospital contract for professional services at the jail for inmate medical care. A phone call was made to the hospital and arrangements were worked out.

Motion: Commissioner Ross motioned to allow Juanita Allen provide services at the jail until the contract bid is noticed for professional services providing Juanita show evidence of liability insurance and a state license. Motion seconded by Commissioner Kappen, motion carried. Roll Call Vote: Both Commissioners Voting Aye.

Sheriff Stansfield informed the Commission that he has had a Corrections Officer resign and asked for permission to fill that position. The Sheriff would also like permission to put the part time Civilian Control Room Monitor employee on full time.

Judy Mutton, Personnel Director presented two insurance proposals for the County's liability insurance for 2001 to the Commissioners. The current carrier, Utah Association of Counties Insurance Mutual (UACIM), bid was for $111,465.00 and the proposal from Harry Boley, Universal Business Insurance, was for $134,734.00. 

Motion: Commissioner Larry Ross motioned that the bid from UACIM be accepted. Commissioner Ted Kappen seconded due to the fact that the County has built up equity in the UAC Mutual. Motion carried. Roll Call Vote: Both Commissioners Voting Aye.

Auditor's Office - Vouchers - Tax Adjustments
Vouchers: Diane Freston Clerk/Auditor presented vouchers #70202 to #70464 plus predraw #67528 totaling $324,092.66 for approval.

Tax adjustment - Assessor and Treasurer

Serial/Account	Year	Debit/Credit	Comment
BU-04-0558	2000	-$32.29	DBL Personal Property
901296	1998	-$243.43	No longer operates well

Motion: Commissioner Ross motioned to approve the Vouchers and the Tax Adjustments as presented. Commissioner Kappen second, the motion carried. Roll Call Vote: Both Commissioners Voting Aye.

Adjournment - 4:10 PM

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