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 9, 2002 BEGINNING AT 1:00 P.M. IN THE COMMISSION BOARD ROOM
IN DUCHESNE, UTAH

Commissioners Present:  Commission Chairman Lorna Stradinger, and Commissioner Larry S. Ross.  Commissioner Guy R. Thayne absent.

Others Present:   Road Supervisor Douglas Nielsen, Deputy Attorney Roalnd Uresk, Mr. & Mrs. Beaver Duncan and Carol Casey taking minutes. 

Prayer: Commissioner Ross
Pledge of Allegiance

Road Items:  Doug Nielsen and the commission discussed the proposed work plan iwth Horrocks Engineers on the Lake Fork Bridge BRO-LC13(5).  Because of what Commissioner Stradinger referred to as astronomical charges the commission asked that Mr. Nielsen arrange a meeting with Mr. Phil Huff the engineer from UDOT, and Mr. Rex Harrison of Horrocks Engineers to review the estimated cost of the work plan.

Mr. Doug Nielsen reported that the road department has been moving along with the chipping.   Because of the possibility of more rain the road deparmtnet is not chipping today.   The grader is in Nine Mile working while the road is wet.

Because of construciton period set back from the original date the commission agreed to a contract extension for Horrocks Engineers on the Aracadia Road Phase II until April 2004 for design engineering. 

...............Planning & Zoning Director Clayton Chidester, Teresa Eddingotn, Jean Liddell, and Judy Young
joined the meeting...............

1:30 PM Public Hearing - Beaver Duncan Zone Change,   Changing an A-5 Zone to a Commerical Zone, Section 12, T1S, R2W.

Planning & Zoning Director Clayton Chidester informed the commisison that the zone change has been properly advertised.  The planning commission has addressed the spot zoning and safetly issues and has given a favorable recommendation.

Commissioner Stradinger commented on her concerns regarding future planning for rural areas where spot commercial zones are approved.  "This is a difficult issue.  On one hand I believe in the principle of private property - that a man has the right to dispose of his property and possessions as he sees fit - this is the American way.  On the other hand, we live in communities and often what we may desire to do with our property may adversely affect our neighbor's property or possessions.  As a result, the apparent resolution lies in planning and zoning.  The nature of the process may restrict our absolute ability to do with our property as we may wish.   While proper planning and zoning is critiacal to the good of the whole community, improper planning and zoning may impinge on the basic freedom of the righ tot property."

Motion:  Commissioner Ross made a motion to approve the zone change from an A-5 zone to a commercial zone in Sec 12, T1S, R2W in the Neola area.  Motion carried.  Roll Call Vote:  Both Commissioners Voting Aye.

...............Carolyn Ortega, Roberta Bias, Bonnie Scott, Linda Bell, Linda Blue and Fire Marshall Georg Adams
joined the meeting...............

Old Fruitland Fire Station Issues - Linda Blue
Mrs. Blue stated that hse had the high bid on the old Fruitland Fire Station.  After she was awarded the bid there was some discussion between her and the county regarding a property exchange.  After the exchange fell through Duchesne County Fire Marshall Georg Adams told her to go ahead and remove the building from the peropty.  Mrs. Blue stated that when she entered the old fire station she was surprised to find that the two existing heaters, the bathroom fixtures and plumbing had all been removed.  Mrs. Blue tried to find a notice to see if it specified that the items were to be excluded from the bid.  She stated that the Uintah Basin Standard had no record of advertisement.  The only advertisement she had seen was at the store in Fruitland.  Mrs. Blue intended to use the building for a plcae of business but when they attempted to move the building it collapsed beyond repair.

Georg Adams stated that it was not his intention to sell the heaters or the fixtures with the building.

Attorney Roland Uresk stated that typiclaly fixtures are considered part of a building.  If it was Georg Adams intention that the heaters were to be used in the future they can be held back by the county.

Commissioner Stradinger stated that unless it was publicly noted the heaters and plumbing should have been part of the building.  She asked Mr. Admas where the equipment from the building is being stored.

Georg Adams answered that it was being stored at the Fruitland Fire Chiefs home.

Commissioner Ross stated that logic dictates that given the value of the heaters Mr. Adams intention to keep them seems reasonable.

Mrs. Judy Young asked why the heaters were not put in the new fire station and why they are being stored at the fire chief's home instead of on county property.

Motion:   Commissioner Ross made a motion to discuss the old fire station in next weeks commission meeting when there will be a full commission present.  Motion carried.   Roll Call Vote:  Both Commissioners Votin Aye.

...............Jerry & Janet Greer, Clint Peatross, Joe steed, Karl & Eva Ivie, Clint Park and Bonnie Nielsen
joined the meeting...............

Uintah Basin Sportsman Predator Control - Wayland Selfe
(This issue will be discussed in next weeks commission meeting)

3:00 PM Surplus Sale
Motion:  Commissioner Ross made a motion to postpone the surplus sale until 3:45 PM in order for the public to have time to view the items listed for sale.   Motion carried.  Roll Call Vote:  Both Commissioners Voting Aye.

Duchesne Land LC - Extension of Road Bond for Utah Mini Ranches  Mr. Joe Steed requested an extension of the road bond.  He stated that the subdivision is selling lots fairly rapidly and they are constantly tearing up the road with crossings for utility lines.  Mr. Steed stated that he anticipates another 60 yo 70 crossings this year.

Attorney Uresk stated that the ocunty is not in the habit of extending road bonds unless there are extenuating circumstances.

Planning Director Clayton Chidester stated that an extension was granted for a subdivision in the Tabiona area for similar circumstances.

Doug Nielsen agrees that it would be better if the roads were not graveled until they are through teraing them up for the utility lines.

After reviewing the bond Attorney Uresk stated taht the bond is ufficient ot cover the cost of the road.

Motion:   Commissioner Ross made a motion to extend the date of completion for the roads in Utah Mini Ranches to September 1, 2003.  Justification for the extension is that there are 60 - 70 utility crossings to be made this year.  The bonding company is to be made aware of the extension.  Motion carried.  Roll Call Vote:   Both Commissioners Voting Aye.

Nine Mile Canyon Road Issues
Motion:  Commissioner Ross made a motion to enter into a Memorandum of Understanding with Carbon County that would give them amintenance responsibility for the portion of the Nine Mile Canyon Road #240 that lies within Duchesne County.  This allows Carbon County the opportunity to seek Federal funding to up-grade the entire Nine Mile Canyon Road.  The Nine Mile Road is a high priority road to Carbon County.   Nine Mile Canyon is located in a remote area of Duchesne County, therefore the road does not represent the needs of the Duchesne County population.  Motion carried. Roll Call Vote:  Both Commissioners Voting Aye.

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

Tax Adjustments - Assessor

Serial/Account	Year	Debit/Credit	Comment
0145908	2001	-$418.57	Primary residence for 2001
0309512	2001	-$265.66	Corrected the RV rental sites
0311716	2001	-$431.89	Corrected 2001 for % complete on cabin

Motion:   Commissioner Ross made a motion to accept the tax adjustments.  Motion carried. Roll Call Vote:  Both Commissioners Voting Aye.

Vouchers:   Deputy Clerk/Auditor Becky Norris presented vouchers #80594 to #80724 and predraws #80587, 80588, 80590-80593 totaling $216,697.37 for approval.

Motion:   Commissioner Ross made a motion to approve the vouchers.  Motion carried.   Roll Call Vote:  Both Commissioners Voting Aye.

Approval of August 26, 2002 Commission Minutes -  The minutes were reviewed.  

Motion:   Commissioner Ross made a motion to restructure the paragraph addressing Lake View Subdivision and review the minutes next week during commission meeting.

3:45 PM Surplus Sale

Cabinets & Coutner Tops	Bonnie Nielsen $250.00
Library Audito & Video Shelving	No Bid
Sinks	Lions Club $50.00

Commissioner Ross proposed that the maintenance department help with the removal of the items from the old senior kitchen in the Mickelson Center.

...............Joe Bistryski, forest service, Karl Mott, Joe & Joan Steed, Gilbert Montoya, Audrey Brittain, and Vince Isbeil joined the meeting...............

Other Business
Joe Bistrysi and the commission reviewed and made changes to the agreement between the U.S. Department of Agriculture Forest Service and Duchesne County for maintenance of certain roads under the jurisdiction of the forest service (it will be brought before the commission for approval in next weeks meeting)

The commission discussed the appointments to the Board of Appeals.  This board will be for contractors to appeal decisions or restrictions made by the building officials.

Motion:   Commissioner Ross made a motion to accept he following list as members of the Board of Appeals.  Motion carried.  Roll Call Vote:  Both Commissioners Voting Aye.

Electrician - Don Frandsen, one-year term
Plumber - Lamar Long, two-year term
Contractor - Kelly Kielbasa, two-year term
Supervisor of Crews - Dave Allison, three-year term
Lay Person - Dean Brighton, three-year term
Alternate - Carolyn Justice, one-year term
Alternate - Jesse Hearne, two-year term

Mr. Joe Steed of Highland Development is here today to try to reach an agreement on specifically which tests the building official Karl Mott wants performed on the un-graded plywood used in the floor systems.

Mr. Mott stated he had sent a list of credited labs that would do tests on the plywoods.   Karl also asked Mr. Steed if they have contacted the manufacturer for information on why the plywood has not been graded.

Mr. Vince Isbeil is the contractor for Highland Development referred to the International Residential Code and the International Building Code.  He believes that according to the code the engineer may test a product to deem it acceptalbe.  The code also states that plywood can be accepted for load capabilities by a regular design specialist engineer.  The plywood does not need full qualification, it just needs to meet florring standards.  Mr. Isbeil suggested that Mr. Ostler and Mr. Mott conduct an approved load test which meets 100% of the requirements outlined in the code.

Mr. Mott asked that the Mr. Ostler submit a specific load test along with the testing procedure outlined in the code to his office.  Commissioner Stradinger suggested that Mr. Mott may be more comfortable in another engineer reviewed the test with him.  Mr. Steed concurred with Commissioner Stradinger stating he would be glad to have a second engineer review the test.  Commissioner Ross stated that, "acting as the appeals board the commission sees no problem with Mr. Ostler being the engineer for this test.   The procedure is within the code, the appeals board requests that Mr. Mott and Mr. Ostler define the procedure and the accepted results before the test is conducted."   Commissioner Stradinger also suggested that a form of random selection be used in picking the three homes to be tested.

Mr. Steed also agreed to the testing of the materials in storage for future homes.  He stated that if one test fails he pledges he will never use this system of flooring again.

Executive Session - 5:15 PM
Motion:  Commissioner Ross made a motino to go into executive sesison to discuss pending litigation.  Motion carried.  Roll Call Vote:  Both Commissioners Voting Aye.

Motion:   Commissioner Ross made a motion at 5:30 PM to go out of executive session.   Motion carried.  Roll Call Vote:  Both Commissioners Voting Aye.

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