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 2, 2001
BEGINNING AT 1:00 P.M. IN THE COMMISSION BOARD ROOM
IN DUCHESNE, UTAH

Commissioners Present:  Commission Chairman Guy R. Thayne, and Commissioner Lorna Stradinger.

Commissioners Absent:   Larry Ross

Others Present:  Deputy County Attorney Roland Uresk, Deputy Clerk/Auditor Carol Casey, Beverly Park, Mike & Charlene Mehan, Gerald Meyers, Marian & Virgil Jensen, Richard Sroczynski, Walter Sroczynski, and Joan & Joe Steed.

Prayer: Commissioner Thayne
Pledge of Allegiance

Road Items - Supervisor Douglas Nielsen absent
Approval of June 18, 2001 Minutes -  Commission minutes of June 18th were reviewed and corrections made.

Motion:   Commissioner Stradinger motioned to approve the minutes with corrections.   Motion carried. Roll Call Vote:  Both Commissioners Voting Aye.

Mt. Tabby Improvement Group - Road Issues - Virgil Jensen
Mr. Jensen is the spokesperson for the Mt. Tabby Improvement Group.   They are here to discuss the use of the Mr. Tabby Springs Road by heavy trucks.   The trucks are hauling to a new subdivision and causing a lot of damage to the road.

Mr. Meyers stated that the trucks are turning the road to dust and causing damage to the bridge which leaves Hwy 35 and crosses the Duchesne River.

Commissioner Thayne asked if the road is county or private.

The group informed the commission that the road is maintained by the county.

Attorney Uresk stated the dust problem could create a health hazard and the developer can be required to water down the dust and maintain the road.

Commissioner Thayne stated he would talk wiht Supervisor Nielsen regarding this issue and report back to Mr. Jensen or Mr. Meyers.

...............Bill Mitchell joined the meeting...............

Agreement with Myton City for Bldg Inspection - Karl Mott
Karl explained that the written agreement between Myton City and Duchesne County is to cover the required building inspection program.  Myton City has adopted a resolution adopting Duchesne County's current fee schedules.

AGREEMENT

THIS AGREEMENT is made and entered into the 14th day of June 2001, by and between Duchesne County (the "County") and City of Myton (the "Town"), both political subdivisoins of the State of Utah.

RECITALS

1. The County employs Certified Building Inspectors who are resonsible for all building inspections within the County.

2. The County has implemented a Building Permit Fee Schedule and Building Inspection Fee Schedule which is amdinistered by the County Department of Building Safety.

3. The County Department of Building Safety is located at the Duchesne County Administrative Offices, 734 North Center Street, Duchesne, Utah.

4. The City has no Certified Building INspector and has no funds available within the City budget to hire a Certified and Stated Licensed Building Inspector.

5. In order to comploy with the Uniform Building Code Standard Act enacted in 1989 and adopted by the State of Utah, the City is in need of a Certified and Stated Licensed Building Inspector.

6. The County agrees to conduct all building inspections in and for the Town and hereby agrees to assume responsibility for building inspections in their entity and for any and all matters involved in their administration (with exception to Attorney or other legal fees should legal actions be required.)

7. The Town agrees and has adopted by Resolution No. 061401-1, the Duchesne County Building Permit Fee Schedule and Building Inspection Fee Schedule, present and future modifications, as the official fees for all City construction projects.   For the Bilding Inspection services, the City agrees to relinquish all building permit fees and building inspection fees to the County.

This Agreement may be terminated by either part upon thirty (30) days written notice and should be subject to renewal for an additional agreed upon time upon the mutual consent of the parties.

Motion:   Commissioner Stradinger motioned to accept the agreement between Duchesne County and Myton City for building inspection services.  Motion carried.  Roll Call Vote:  Both Commissioners Voting Aye.

Approval of Subdivision Improvements Performance Bond - Duchesne Land, L.C. - Clayton Chidester
Clayton presented the performance bond in the amoung of $51,243.75 as a condition of the filing of the final subdivision - Utah Mini Ranches Phase I - gravel roads.  (see attachment).

After inspecting the performance bond Attorney Uresk informed the commission that the paperwork is acceptable.

Clayton informed the commisison that the bond will be on file in Treasures vault.

Attorney Uresk stated that after the roads are completed there is a twelve-month waiting period for final county inspection.  When the roads pass inspection, then the bond can be released.

Bill Mitchell stopped in to request gravel for the road by his residence in the Altonah area.  After several years of grading the county grader has removed all the gravel that was there.  Commissioner Thayne stated he would talk to Doug regarding Mr. Mitchell's request.

Auditor's Office-Vouchers-Personnel Issues-Time Sheets
Personnel Issues:  Judy Mutton presented the names of the two people who were chosen for the open positions in the maintenance department the treasurer's office.

Judy and the commission discussed the Utah Code Tietle 17 Chapter 33 - County Personnel Management Act which became effective July 1, 2001.  She stated that prior to this time the ocunty was not subject ot the act due to the fact that certain personnel were exempt and were not counted.

Time Sheets:  Deputy Clerk/Auditor Leann Stewart presented the department head time sheets for signatures.

Vouchers:   Deputy Clerk/Auditor Carol Casey presented two sets of vouchers.  The first set #73800 to #73862 totaling $464,090.16 and the second set #73864 to #73996 totaling $122,264.82 pluse pre-draw #73863 fpr $3300.00 for approval.

Motion:   Commissioner Stradinger motioned to approve the vouchers.  Motion carried.   Roll Call Vote:  Both Commissioners Voting Aye.

The commission reviewed the agreement with Angels Among Us for services at the Justice Center.

AGREEMENT

This agreement entered into on this 20th day of June, 2001, between Duchesne County, hereinafter referred to as "the County" and Juanita Allen, d.b.a., Angels Among Us, herinafter referred to as "Provider"

RECITALS

WHEREAS Duchesne County operates a County Jail that has prisoners that on occasion require medical treatment and the dispensing of drugs for the treatment of injuries or health conditions that do not rise to the level of hospital care, and

WHEREAS Provider provides medical services of a nurse practitioner and can provide such medical services as dispensing of drugs and the treatment of minor medical conditions not requiring hospital care.

In consideration of the mutual agreement set forth in this agreement, the parties agree as follows:

SECTION I - SCOPE OF AGREEMENT  The Provider shall provide medical services to the County for the treatment of prisoners to that level provided or authorized by the position of nurse practitioner which shall include the treatment of minor wounds, the treatment of minor illnesses, the dispensing of medications, assessment of medical needs of the inmates, and initial review of medical conditions.  Provider shall not be required to do any medical procedures or make any diagnosis or perform any act outside those authorized by a nurse practitioner.

SECITON II - PAYMENT  The Provider shall be compensated for its services by the County at the rate of Twenty-Five ($25.00) per hour, payable on submission of the monthly statement set forth below.  Billable time shall be that time spent by the provider at the County's Jail facility or at such cite as the County shall designate.  The Provider shall submit a monthly statement to the County, itemizing the particular services and care rendered to the imates and shall itemize such care per inmate at the direction of the Coutny.

SECTION III - CONTRACT PERIOD  The term of this agreement shall be for a period commencing on the 14th day of September, 2000 and terminiating on the 31st day of December, 2002 unless earlier terminated in accordance with the relevant provisions of this agreement.  This agreement is renewable pursuant to agreement of the County and the Provider on an annual basis.  The intent to renew said agreement must be provided before at least sixty (60) days prior to the termination date of the contract.

SECTION IV - MEDICAL SUPPLIES  The County provide all necessary medical supplies required for the treatment of the inmates.

SECTION V - LICENSING, WORKMAN'S COMPENSATION, AND LIABILITY INSURANCE  Provider shall provide a licensed nurse practitioner to perform the services set forth in this agreement.  Provider shall also provide proof of medical malpractice insurance in an amount acceptable by the County to cover any claims of medical malpractice, and shall also provide a poliy or other proof of Workman's Compensation coverage or in the lternative written proof of exemption from the Workman's Compensation Fund.

SECTION VI - INDEMNIFICATION  The Provider further agrees too indemnify the Coutny for any liability it may incur due to the negligence of the provider.  The Provider shall indemnify the County and tis officers, agents, and employees for any and all claims, losses, suits, or liability including reasonable attorney's fees for damages resulting from the acts and/or omissions of the Provider or its officers, agents, and employees while performing under this agreement.  The County shall indemnify the Provider and its officers, agents, and employees for any and all claims, losses, suits, or liability including reasonable attorney's fees for damges resulting from the acts and/or omissions of the County or its officers, agents, and employees while perfomring under this agreement.

SECTION VII - INDEPENDENT CONTRACTOR  The parties to this agreement agree that the Provider is a professional person and that the relation created by this agreement is that of an employer-independent contractor.  Provider is not an employee of employer and is not entitled to the benefits provided by the employer to its employees, including but not the defaulting limited to workman's compensation coverage, group insurance coverage and pension plan.  Provider may practice it sprofession for others during those periods when the contractor is not performing work under this contract for employer.  The County may during the term of this agreement engage other independent contractors to perform the same or similar services which the Provider has contracted to perform hereunder.

SECTION VIII - AMENDMENT AND TERMINATION  The provisions of htis agreement may be amended by mutual written agreement of the County and the Provider.  Either the County or the Provider may cancel this agreement by giving sixty (60) days written notice to the other of such cancellation.

SECITON IX - DEFAULT  IN the event there is a default on the part of either party in this agreement, the party claiming default shall give the other party notice of such default and allow a period of ten (10) days in which to cure said default.  In the event the default is not cured, the non-defaulting party may pursue all legal and equitable recourse against party, and the defaulting party shall be liable for damages and costs including reasonable attorney's fees incurred due to said default.

Motion:   Commissioner Stradinger motioned to adopt the agreement between Angels Among Us and Duchesne County for inmate services at the Duchesne County Justice Center.  Motion carried.  Roll Call Vote:  Both Commissioners Voting Aye.

A letter from the public defender Karen Allen requesting more office space was reviewed.   Karen would like to rent the attorney's office in the county courthouse at 50 East 100 South.  The commissioner determined that the attorney's office is already being used, but she may rent the Justice Court Office in that building for seven dollars a square foot.

The commissione reviewed a request for payment of cremation costs for an indigent county resident.  Independent Profession Services in Salt Lake will provide the service.   It was decided to offer to pay the expense if a family member could reimburse the county.

Troy Sherrick and Mike Brennan were present to sign the contract between Sherrick Computer and Duchesne County for computer services.  Attorney Uresk stated he did not have the contract completed.  The date of July 3, 2001 was agreed upon to sign the contract.

Adjournment:  3:05 PM

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