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 16, 2002 BEGINNING AT 1:00 P.M. IN THE COMMISSION BOARD ROOM
IN DUCHESNE, UTAH

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

Others Present:  Road Supervisor Douglas Nielsen, Clerk/Auditor Diane Freston, and Carol Casey taking minutes

Prayer: Commissioner Stradinger
Pledge of Allegiance

Road Issues:  Doug Nielsen stated that currently the road department is chipping Road #179 near the Dye Dugway.  The road chipping will reach Roosevelt City Limits by mid-week.  When the chipping is complete they will have chipped thirty five to forty miles.  Mr. Nielsen also stated that they may be able to pave the Uintah Canyon Road, the road in Sharmel Acres, and do some more onthe Pariette Road.

Commissioner Stradinger asked about conditions on roads that have become damaged with pot-holes and ruts during the recent rain storms.  Mr. Nielsen stated that they do continue to deteriorate if they are not graded.

Mr. Nielsen informed the commission the new 16F compacter has arrived at the landfill.

...............Wayland Selfe, Judy Young, Linda Blue, and Leah Sweat joined the meeting...............

Uintah Basin Sportsman Predator Control - Wayland Selfe
The State of Utah recognizes damage to counties caused by predators.   Each year they match any money the county pledges for predator control.

Mr. Selfe stated that the funds will by used for control of coyotes and raccoons in the county.  Commissioner Thayne suggested that Mr. Selfe prepare a plan of action and a record of expenditures for review.

Motion:  Commissioner Ross made a motion to provide matching funds to the State in the amount of $2,000 for predator control in Duchesne County.  The State will then in return reimburse Duchesne County in the amount of $6,000.  Uintah Basin Sportsman will receive $2,000 and the state trapper will receive $4,000 to be used for predator control.  Commissioner Thayne second.   Motion carried.  Roll Call Vote:  All Commissioners Voting Aye.

Other Business:
Fruitland Fire Station - Linda Blue

Because Commissioner Thayne was absent for last week's commission meeting the other commissioners reviewed the events of the meeting with him.  Commissioner Thayne asked for an explanation of where the equipment is now, and why it is being held there.   Since Mr. Adams is out of town for the week Commissioner Ross recounted the fact that it is at the Fruitland Fire Chief home.  Mr. Adams had stated in last weeks meeting that all the fire equipment was stored there during the construction of the new fire station.  The commission is concerned that the heaters and the plumbing is still located at his home, and is not in storage at a county facility.  The advertisement for the sale of the building was discussed noting that it stated the foundation and cement pad were to be excluded from the bid.

Commissioner Thayne stated that he was interested in bidding for the building, and after the building was advertised for sale he inspected it.  The heating and plumbing was there then.

...............Deputy County Attorney Roland Uresk
joined the meeting...............

Attorney Uresk advised the commission that even if it was the intention of Mr. Adams to not sell the heaters the county had the obligation to specify in the advertisement any exclusions of items still attached to the building.

The commisison determined that the county has a responsibility to notice properly when having a surplus sale.  The items in question were there when Commissioner Thayne inspected the building.  They were there afterthe building had been posted for sale.   Instruciton needs to be given to Fire Marshal Georg Adams that because of the lack of proper procedure the county cannot justify not including the heaters or fixtures.   Therefore, the heaters and fixtures were in the bid and should be turned over to Mrs. Blue.

Other Business:
Ordinance 02-195 an ordinance establishing a Board of Appeals for matters pertaning to the Duchesne County Building Code.

ORDINANCE NO. 02-195
AN ORDINANCE ESTABLISHING A BOARD OF APPEALS FOR MATTERS PERTAINING TO THE DUCHESNE COUNTY BUILDING CODE

WHEREAS, the Board of County Commissioners of Duchesne County is empowered to pass ordinances and rules, and to make regulations necessary and proper to provide for the safety of the County inhabitants; and

WHEREAS, Duchesne County has adopted the updated versions of the codes and has amended Chapter 15.04 "Uniform Construction Codes" of the Duchesne County Code to accomplish such update, and

WHEREAS, Duchesne County did not adopt the "Administration" portion of the codes and it's present Building Code does not proved for an appeal process, but the Duchesne County Commission desires to establish such a process.

NOW, THEREFORE, the Board of County Commissioners of the County of Duchesne, State of Utah, ordains as follows:

1.  Chapter 15.04 "Uniform Construction Code" of the Duchesne Coutny Code shall be amended to include the following:

15.04.110 BOARD OF APPEALS
112.1 General.  In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the applicationa dn interpretation of this code, there shall be and is hereby created a board of appeals.   The board of appeals shall be appointed by the governing body for a term of four (4) years commencing January 1st of the year of appointment, except for the initial board.   The initial board shall be appointed immediately as follows:  one member and an alternate for one (1) year terms, one member and an alternate for two year terms, two members for three year tems.  The terms of the initial board shall commence immediately, but the expiration of their term shall be counted from January 1st, 2003.   Board members ahll be limited to two (2) consecutive four (4) year terms.  The board shall adopt rules of procedure for conducting it's business.

112.2 Limitations on authority.  An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this codo do not fully apply, or an equally good or better form of construction is proposed.  The board shall have no authority to waive requirements of the adopted codes.

112.3 Qualifications.  The board of appeals shall consist of a panel of five (5) members as chosen by the governing body.  The board of appeals members shall be selected as follows:  a person representing the plumbing profession, a person representing the electrical profession, a person representing general contractors, a person who is a construction crew supervisor, and a layperson representing the public at large.  There shall also be chosen by the governing body two (2) alternates to take the place of an appeals board member in the event an appeals board member is unavailable or has a conflict of interest.

2.  This ordinance shall take effect immediately upon adoption and publication thereof in the Uintah Basin Standard.

Motion:   Commissioner Thayne made a motion to accept Ordinance 02-195 with recommended changes.  Commissioner Ross second.  Motion carried.  Roll Call Vote:  All Commissioners Voting Aye.

Forest Road Agreement between the U.S. Department of Agriculture Forest Service and Duchesne County, Amendment #2.  This agreement is for forest road maintenance.  (see attachment)

Motion:   Commissioner Thayne made a motion to accept the road maintenance agreement between USDA Forest Service and Duchesne County.  Commissioner Ross second.  Motion carried.  Roll Call Vote:  All Commissioners Voting Aye.

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

Tax Adjustments - Assessor/Auditor

Serial/Account	Year	Debit/Credit	Comment
HT-22-0186	2002	-$255.89	Paid on both
00-001-4401	1999	-$792.39	Field late for exempt
00-00104401	1998	-$905.95	Filed late for exempt

Motion:   Commissioner Ross made a motion to accept the auditor's tax adjustments.   Commissioner Thayne second.  Motion carried.  Roll Call Vote:  All Commissioners Voting Aye.

Motion:   Commissioner Thayne made a motion to accept the assessor's tax adjustments.   Commissioner Ross second.  Motion carried.  Roll Call Vote:  All Commissioners Voting Aye.

Vouchers:   Deputy Clerk/Auditor Becky Norris presented vouchers #80725 to #81010 totaling $384,220.64 for approval.

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

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

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

Motion:   Commissioner Thayne made a motion to accept the minutes for August 26th with corrections.  Commissioner Ross second.  Roll Call Vote:   All Commissioners Voting Aye.

Approval of September 9, 2002 Commission Minutes -  The minutes were reviewed.  

Motion:   Commissioner Ross made a motion to accept the minutes for September 9th with corrections.  Commissioner Thayne second.  Roll Call Vote:   All Commissioners Voting Aye.

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