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 23, 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, Attorney Roland Uresk, and Carol Casey taking minutes

Prayer: Commissioner Ross
Pledge of Allegiance

Road Issues:  Mr. Nielsen stated that they will finish chipping in Altamont City today.  The road department has chipped thirty-five miles of county roads and two miles of Altamont City streets this year.  Altamont City will reimburse Duchesne County the full cost.  Wednesday, the road department will resume paving in Sharmell Acres Subdivision, the Country Road Estate Subdivision, Uintah Canyon Road, and the Pariette Road.  Commissioner Ross commented that the Uintah County Road is a forest right-of-way.  The county has an agreement with the forest service to maintain approximately fifty-two miles of roads.

Commissioner Stradinger stated she had received a reminder from Linda Watson regarding the West Tabby Swale Road.  Mrs. Watosn spoke to the commission this spring about graveling some soft spots in the road.  Mr. Nielsen stated that he has the road on his winter list for improvement.  Mr. Nielsen aslo stated Mr. Bill Johnson has requested maintenance on this same road.  Mr. Nielsen will contact Msrs. Watson regarding the request.

The commission presented a letter they received from Mr. Tom Mitchell complementing the road department on road improvements made to County Road #14.  (see attached).

...............Scott Hagman joined the meeting...............

Discussion and Approval of Sale of Old Landfill Near Myton
The commission and Mr. Hagman reviewed the agreement for the sale of the clost Myton Landfill.

Motion:  Commissioner Ross made a motion to accept the agreement for sale of the closed Myton Landfill to Mr. Scott Hagman.   Commissioner Thayne second.  Motion carried.  Roll Call Vote:  All Commissioners Voting Aye.

Other Business
The commission reviewed a memo from Duchesne County Library Director Lorie Evans regarding the UAC draft of legislation that may impact the power and functions of county library boards.  The commission reviewed and made changes to the proposed revisions.  (see attachment)

Because of the recent rains the commission discussed lifting the county fire moratorium.

Motion:  Commissioner Thayne made a motion to lift the county fire moratorium.  To obtain a burn permit citizens may contact State Fire Marshall Nathn Robinson at 790-4741.  Commissioner Ross second.  Motion carried.  Roll Call Vote:  All Commissioners Voting Aye.

Mike Lefler, Buildings and Grounds stopped in to discuss replacing his vehicle.  He stated that he is concerned about the truck lasting another year and would like to budget for a replacement next year.

...............Karla Gines, Chuck Gotter, Vickie & Lavar Southam, Stacey Garlick, John Roberts, and Brad LeBaron
joined the meeting...............

Tabiona Recreational Special Service District-Resolution 02-10
Mrs. Karla Gines presented a map of the proposed recreational district along with a petition of registered voter signatures in favor of creating a recreational district in the Tabby Valley area.

Commissioner Stradinger suggested that information regarding the proposed creation of the recreation district by sent to all property owners within the district boundaries.  A public meeting will be held October 23, 2002 at 7:00 PM in the Tabiona High School.

RESOLUTION NO. 02-10

A RESOLUTION DECLARING THAT THE PUBLIC HEALTH AND CONVENIENCE NECESSITATE THE CREATION OF A SPECIAL SERVICE DISTRICT TO BE KNOWN AS THE TABBY VALLEY SPECIAL SERVICE DISTRICT; DEFINING THE BOUNDARIES OF SAID SPECIAL SERVICE DISTRICT AND THE SERVICES TO BE PROVIDED THEREIN; PROVIDING FOR A HEARING ON THE CREATION OF SAID SPECIAL SERVICE DISTRICT; AND PROVIDING FOR NOTICE OF SAID HEARING AND RELATED MATTERS

WHEREAS the Board of County Commissioners of Duchesne County, Utah hereby delcares the the publid health and convenience necessitate the establishment of a special service district pursuant to the provisions of the Utah Special Service District Act, Chapter 2, Part 13 of Title 17a, Utah Code Annotated (1953), as amended, and Article XIV, Section 8 of the Constitution of Utah, for the specific purposes of providing parks and recreation services; and

WHEREAS all property included within the boundary of this proposed special service district will be benefitted by the creation thereof; and

WHEREAS none of the area to be contained within the boundaries of this proposed special service district is within the boundaries of any other special service district presently providing similar services established by Duchesne County

NOW THEREFORE be it resolved by the Board of County Commissioners of Duchesne County, Utah as follows:

Section 1.  The public health and convenience necessitate the creation within Duchesne County, Utah of a special service district, pursuant to the provisions of the Utah Special Service District Act, Chapter 2, Part 13, Title 17A, Utah Code Annotated, 1953, as amended, and Article XIV, Section 8 of the Constitution of Utah.

Section 2.  The boundaries of this special service district are as follows;

TOWNSHIP 1 SOUTH, RANGE 5 WEST
	Section 19
	Sections 30-31
TOWNSHIP 2 SOUTH, RANGE 5 WEST
	Sections 6-7
	Sections 17-21
	Sections 27-34
TOWNSHIP 3 SOUTH, RANGE 5 WEST
	Sections 3-6
TOWNSHIP 1 SOUTH, RANGE 6 WEST
	All
TOWNSHIP 2 SOUTH, RANGE 6 WEST
	All
TOWNSHIP 3 SOUTH, RANGE 6 WEST
	Sections 1-10
	Sections 15-18
TOWNSHIP 1 NORTH, RANGE 6 WEST
	All
TOWNSHIP 2 NORTH, RANGE 6 WEST
	All
TOWNSHIP 3 NORTH, RANGE 6 WEST
	All
TOWNSHIP 4 NORTH, RANGE 6 WEST
	Sections 13-36
	Parts of 7-12 and 4-5
TOWNSHIP 1 SOUTH, RANGE 7 WEST
	All
TOWNSHIP 2 SOUTH, RANGE 7 WEST
	All
TOWNSHIP 3 SOUTH, RANGE 7 WEST
	All
TOWNSHIP 1 NORTH, RANGE 7 WEST
	All
TOWNSHIP 2 NORTH, RANGE 7 WEST
	All
TOWNSHIP 3 NORTH, RANGE 7 WEST
	All
TOWNSHIP 4 NORTH, RANGE 7 WEST
	Section 13
	Sections 19-36
	Parts of Sections 14-18
TOWNSHIP 1 SOUTH, RANGE 8 WEST
	All
TOWNSHIP 2 SOUTH, RANGE 8 WEST
	Sections 1-18
	Sections 24-25
	Section 36
TOWNSHIP 3 SOUTH, RANGE 8 WEST
	Section 1
	Section 12
	Section 13
TOWNSHIP 2 SOUTH, RANGE 9 WEST
	Sections 1-3
	Sections 10-15
TOWNSHIP 1 SOUTH, RANGE 9 WEST
	Sections 1-3
	Sections 10-15
	Sections 22-27
	Sections 34-36
TOWNSHIP 1 NORTH, RANGE 8 WEST
	All
TOWNSHIP 2 NORTH, RANGE 8 WEST
	All
TOWNSHIP 3 NORTH, RANGE 8 WEST
	Sections 1-2
	Sections 11-16
	Sections 20-29
	Sections 32-36
	Parts of Sections 3-6
	Parts of Sections 9-10
	Parts of Sections 12
	Parts of Sections 18-19
	Parts of Sections 30-31
TOWNSHIP 1 NORTH, RANGE 9 WEST
	Sections 1-3
	Sections 10-15
	Sections 22-27
	Sections 34-36
	Parts of Section 3, 10 and 15

Section 3.  The district is to be created for the purpose of providing, within the area of the service district, parks and recreation services, together with all services and functions ancillary thereto, and/or necessary and proper to carry out and provide the named services; including construction of additional facilities, purchase of additional properties and equipment, receiving gifts, condemnation of facilities, properties, or systems necessary to provide said services, and to finance the same, and such other powers, duties and services as are or in the future may be allowed by law.

Section 4.  The district so created shall be known as "Tabby Valley Parks and Recreation Special Services District."

Section 5.  A public hearing on the question of the creation of the district shall be held by the Board of Duchesne County Commissioners at the Tabiona High School Gymnasium, Tabiona, Utah at 7:00 p.m. on Wednesday, October 23rd, 2002, at which time and place all interested persons or parties may appear and be heard either in support of or in opposition to the creation of the district as more fully described in the Notice of Intention set forth in Seciton 7 hereof.

Section 6.  The Notice of Intention to Establish Tabby Valley Parks and Recreation Special Services District, as set forth in Section 7, shall be published at least one a week during three consecutive weeks, the first publication to be not less than twenty-one (21) days nor moer than thirty-five (35) days before the hearing, in the Uintah Basin Standard, a newspaper having general circulation in Duchesne County.

Section 7.  The Notice of Intention to be published shall be in substantially the floowing form:

NOTICE OF INTENTION TO ESTABLISH TABBY VALLEY PARKS AND RECREATION SPECIAL SERVICE DISTRICT

NOTICE IS HEREBY GIVEN that on September 23rd, 2002, the Board of County Commissioners of Duchesne County, Utah adopted a resolution declaring that the public health and convenience necessitate the establishment of a special service district, to be called "Tabby Valley Parks and Recreation Special Service District," for the purpose of providing parks and recreation services and performing such duties as are ancillary to the primary purposes of parks and recreation services within the boundaires of the district.  The Resolution also provides for a public hearing on the estbalishment of the district int he county, to be held at the Tabiona High School Gymnasium, Tabiona, Utah at 7:00 p.m. on Wednesday, October 23rd, 2002.

DESCRIPTION OF THE PROPOSED DISTRICT

TOWNSHIP 1 SOUTH, RANGE 5 WEST
	Section 19
	Sections 30-31
TOWNSHIP 2 SOUTH, RANGE 5 WEST
	Sections 6-7
	Sections 17-21
	Sections 27-34
TOWNSHIP 3 SOUTH, RANGE 5 WEST
	Sections 3-6
TOWNSHIP 1 SOUTH, RANGE 6 WEST
	All
TOWNSHIP 2 SOUTH, RANGE 6 WEST
	All
TOWNSHIP 3 SOUTH, RANGE 6 WEST
	Sections 1-10
	Sections 15-18
TOWNSHIP 1 NORTH, RANGE 6 WEST
	All
TOWNSHIP 2 NORTH, RANGE 6 WEST
	All
TOWNSHIP 3 NORTH, RANGE 6 WEST
	All
TOWNSHIP 4 NORTH, RANGE 6 WEST
	Sections 13-36
	Parts of 7-12 and 4-5
TOWNSHIP 1 SOUTH, RANGE 7 WEST
	All
TOWNSHIP 2 SOUTH, RANGE 7 WEST
	All
TOWNSHIP 3 SOUTH, RANGE 7 WEST
	All
TOWNSHIP 1 NORTH, RANGE 7 WEST
	All
TOWNSHIP 2 NORTH, RANGE 7 WEST
	All
TOWNSHIP 3 NORTH, RANGE 7 WEST
	All
TOWNSHIP 4 NORTH, RANGE 7 WEST
	Section 13
	Sections 19-36
	Parts of Sections 14-18
TOWNSHIP 1 SOUTH, RANGE 8 WEST
	All
TOWNSHIP 2 SOUTH, RANGE 8 WEST
	Sections 1-18
	Sections 24-25
	Section 36
TOWNSHIP 3 SOUTH, RANGE 8 WEST
	Section 1
	Section 12
	Section 13
TOWNSHIP 2 SOUTH, RANGE 9 WEST
	Sections 1-3
	Sections 10-15
TOWNSHIP 1 SOUTH, RANGE 9 WEST
	Sections 1-3
	Sections 10-15
	Sections 22-27
	Sections 34-36
TOWNSHIP 1 NORTH, RANGE 8 WEST
	All
TOWNSHIP 2 NORTH, RANGE 8 WEST
	All
TOWNSHIP 3 NORTH, RANGE 8 WEST
	Sections 1-2
	Sections 11-16
	Sections 20-29
	Sections 32-36
	Parts of Sections 3-6
	Parts of Sections 9-10
	Parts of Sections 12
	Parts of Sections 18-19
	Parts of Sections 30-31
TOWNSHIP 1 NORTH, RANGE 9 WEST
	Sections 1-3
	Sections 10-15
	Sections 22-27
	Sections 34-36
	Parts of Section 3, 10 and 15

PROPOSED SERVICES

The district will be authorized to provide parks and recreation services within the boundaries of the district, together with the acquisition of all properties, facilities, equipment, and appurtenances therefore.

METHOD OF FINANCING

Pursuant to the provisions of the Utah Special Services District Act, Chapter 2, Part 13, Title 17A, Utah Code Annotated, 1953, as amended, and Article XIV, Section 8 of the Constitution of Utah, the district may annually lefvy taxes upon all taxable property within the district to provide the proposed services and may issue bonds for the acquisition and/or construction of facilities or systems to provide said services, provided, however, that said levy to provide said services or to repay said bonds must be authorized and approved by a majority of the qualified electors of the district an election for the purpose.

PUBLIC HEARING ON PROPOSED ESTABLISHMENT OF SPECIAL SERVICE DISTRICT

The Board of County Commissioner will hold a public hearing on the establishment of the district and the providing of parks and recreational services within the district at the Tabiona High School Gymnasium, Tabiona, Utah at 7:00 P.m. on Wednesday, October 23rd, 2002.  Any interested person may protest thte establishment of the district or the furnishing of services therein, either orally at the hearing or in writing, at any time prior to the hearing.  Written protests must be filed with the County Clerk and may be withdrawn by the protestant at any time before the County establishes or abandons the district.

Any protests signed on behalf of a corporation owning property in the district shall be sufficient if if is signed by the president, the vice president, or any duly authorized agent of the corporation.  Where title to any property is held in the name of more than one person, all of the persons holding title to the property must join in the signing of the protest.

At said public hearing, the Board of County Commissioners will give full consideration to all protests which shall have been filed and will hear and consider all interested persons desiring to be heard.  The Board of County Commissioners may continue th ehearing from time to time.  After conclusion of the hearing, the Board of County Commissionsers shall adopt a resolution either establishing the Tabby Valley Parks and Recreation Special Services District or determining that the establishment of the district should be abandoned or may, in it discretion, reduce the boundaries of the district and/or reduce the services to be provided by the district and establish the district by resolution, as modified.

If, within fifteen (15) days after the conclusion of the hearing, over fifty percent (50%) of the qualified voeters of the territory proposed to be included within the district or the owners of over fifty percent (50%) of taxable value of the taxable property included within the proposed ditrict file written protests against establishment of the proposed district or against the specified type or types of services to be provided within the district with the County clerk, the Board is required by law, in the former instance to abandon the proposed establishment of the district and in the latter instance, to eliminate the types of type of services objected to from the resolution finally establishing the district.

Any person who shall come at or any time prior to the date and time above specified for the hearing, file a written protest with the County Clerk against the establishment of the district and whose property has been included within the boundaries of the proposed district, notwithstanding such protest, may, may, within thirty (30) days after thea doption fo the resolution establishing the district, apply to the District Court of the Eighth Judicial District for a Write of Review of the actions of the County in extablishing the district, only upon the grounds, however, that his property will not be benefitted by services authorized to be furnished by the district or that the proceedings taken in the establishment of the district have not been in compliance with law.

FAILURE TO APPLY FOR SUCH WRIT OF REVIEW WITHIN THE PRESCRIBED TIME SHALL FORECLOSE ALL OWNERS OF PROPERTY WITHIN THE DISTRICT SO ESTABLISHED FROM THE RIGHT TO FURTHER OBJECT THERETO.  GIVEN BY ORDER OF THE BOARD OF COUNTY COMMISSIONERS OF DUCHESNE COUNTY

Section 8:  The officers of Duchesne County, Utah are hereby authorized and directed to take all action necessary or appropriate to effectuate the provisions of this resolution.

Section 9:  If any one or more sections, sentences, clauses, or parts of this resolution shall for any reason be questioned or held invalid, such judgement shall not affect, impair, or invalidate the remaining provisions of this resolution, but shall be confined in tis operation to the special sections, sentences, clauses or parts of thsi resolution so ehld unconstitutional and invalid and the inapplicability and invalidity of any section, sentences, clauses or part of thos revolution in any more intances, shall not affect or prejudice in any way the applicability and validity of this revolution in any other instances.

Section 10:  All resolutions, bylaws, and regulations of Duchesne County, Utah in conflict iwth this resolution, are hereby repealed to the extent only of such inconsistency.  This repealer shall not be construed to revive any resolution, bylaw, or regulation or part thereof, heretofore repealed.  Dated this 23rd day of September, 2002.

Motion:  Commissioner Thayne made a motion to adopt Resolution No. 02-10 a resolution declaring that the public health and convenience necessitate the creation of a special service district to be known as the Tabby Valley Special Service District; defining the boundaries of said special service district and the services to be provided therein; providing for a hearing on the creation of said special service district; and providing for notice of said hearing and related matters.   Commissioner Ross second.  Motion carried.  Roll Call Vote:  All Commissioners Voting Aye.

Uintah Basin Medical Center - Annual Report 501C(3) Financial Statement  Hospital Administrator Brad LeBaron presented the report on the state of affairs of UBMC and an audit report prepared by Certified Public Accountants Hansen, Barnett & Maxwell and Seeley, Aycock and Associates.

#1.  Fiscal Year 2001-2002 Accomplishments

a.  Operational Growth - The hospital has added seven new full-time physicians making a total of twenty-four doctors on staff.  The hospital has also added forty full-time employee positions.  They have experienced 15.9% growth in inpatient days, 18.7% growth in days of care, and occupancy rates have grown from 44.3% to 52.7%.  There was a 26.5% growth in surgeries performed, and 10% growth in outpatient visits.

b.  Financial performance - A net gain of $1,865,000 with an operating margin of 6.2%.  About 50% of the funds were generated from Medicare and Medicaid.

c.  Capital Improvements - Highlights of some of the improvements this year are a $4 million office building and front entrance.  Human resources, and physical therapy relocation, nursery renovation, sleep lab, dual head nuclear medicine camera, anesthesia machine, fiber optic scope, and a cardiac ultrasound are also part of capital improvments.

#2.  Strategic Direction

a.  Vicki Holzman - The hospital has employed Ms. Holzman to be over marketing, advertising, and community awareness.

#3.  Other Buisness - A review of the independent certified public accountatns report.  (see atachment)

Commissioner Stradinger asked about cash reserve on hand.  Mr. LeBaron stated they have a sixty-day cas reserve at this time.  The board of trustees recommends 120 to 180 days.  This would add up to about $12 million.  Uintah Basin Medical Center puts $4.00 of every $100.00 billed into the cash reserve.

Commissioner Thayne asked if Mr. LeBaron feels the Basin residents will be able to sustain the hospital.  Mr. LeBaron answered that the population in the three county area is adequate.

Mr. Craig Ashby of the Uintah Basin Standard stopped in to present an unsigned letter addressed to the paper.  He stated that he had been receiving a lot of similar letters lately.  (see attachment)

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

Tax Adjustments - Assessor/Auditor

Serial/Account	Year	Debit/Credit	Comment
00-000-3453	01/02	-$678.99	Taxes transferred to D-176-0001

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

Vouchers:  Deputy Clerk/Auditor Becky Norris presented vouchers #81011 to #81067 totaling $34,787.10 for approval.

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

Approval of September 16, 2002 Commission Minutes -The minutes were reviewed.  Motion:  Commissioner Ross made a motion to accept the minutes with corrections.  Commissioner Thayne second.   Motion carried.  Roll Call Vote:  All Commissioners Voting Aye.

Exectuive Session
Motion:  Commissioner Ross made am otion to go into executive session at 4:15 PM to discuss personnel issues.  Commissioner Thayne second.   Motion carried.  Roll Call Vote:  All Commissioners Voting Aye.

Motion:  Commissioner Ross made a motion to go out of executive session at 5:20 PM.  Commissioner Thayne second.  Motion carried.  Roll Call Vote:  All Commissioners Voting Aye.

Adjournment:  5:20 PM

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