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 DECEMBER 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, Clerk/Auditor Diane Freston, Deputy County Attorney Roland Uresk, Karla Gines, John Roberts and Carol Casey taking minutes.

Prayer: Commissioner Ross
Pledge of Allegiance

Road Items:  Mr. Nielsen presented five copies of the Engineering Service Agreement on the Lake Fork Bridge Project BRO-LC 13(5) in the amount of $174,330 for official signatures.

Uintah Basin Medical Center Board Member Appointments:
Motion:  Commissioner Thayne made a motion to appoint Kyle Snow to the hospital board.  Commissioner Ross second.  Motion carried.  Roll Call Vote:  All Commissioners Voting Aye.

Motion:   Commissioner Ross made a motion to appoint Carey Smith to the hospital board.   Commissioner Thayne second.  Motion carried.  Roll Call Vote:  All Commisisoners Voting Aye.

Planning & Zoning Board Appointment -
Motion:  Commissioner Ross made a motion to appoint Ann Bills to represent the Neola area.  Commissioner Thayne second.  Motion carried.  Roll Call Vote:  All Commissioners Voting Aye.

Motion:   Commissioner Thayne made a motion to appoint Tom Rather to represent the Upper Country.  Commissioner Ross second.  Motion carried.  Roll Call Vote:  All Commissioners Voting Aye.

Board of Adjustments Board Appointment -
Motion:  Commissioner Thayne made a motion to appoint Kerry Farnsworth to the Board of Adjustments.  Commissioner Ross second.  Motion carried.  Roll Call Vote:  All Commissioners Voting Aye.

Auditor's Office - Vouchers - Tax Adjustments - Department Head Time Sheets - Personnel Issues - Finances
Vouchers:  Deputy Auditor Becky Norris presented vouchers #82045-82148 and predraw #82042-82044 totaling $166,695.59 for approval.

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

Minutes for December 16, 2002
Motion:  Commissioner Thayne made a motion to accept the minutes with corrections.  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.

Tax Adjustments - Assessor

Serial/Account	Year	Debit/Credit	Comment
481LVS	2002	-$50.00	Tax Exempt

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

Tax Adjustments - Treasurer

Serial/Account	Year	Debit/Credit	Comment
2397-0006	2002	-$13.85	Sold to Boy Scouts-tax exempt

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.

Approval of Resolution 02-21
Motion:  Commissioner Ross made a motion to approve Resolution 02-21 creating Tabby Valley Parks and Recreation Special Service District defining the boundaires and services therein.  Commissioner Thayne second.  Motion carried.   Roll Call Vote:  All Commissioners Voting Aye.

Motion:   Commissioner Ross made a motion to appoint the following names to serve as the intitial board of directors and their term of office.  Thereafter the board members shall be replaced by elected directors.  John Roberts (1) year, Veola Gines (1) year, Charles Gotter (1) year, Mike Lefler (3) years, Karla Gines (3) years, Stacey Garlick (3) years, and Bonnie Roberts (3) years.  Commissioner Thayne second.  Motion carried.  Roll Call Vote:  All Commissioners Voting Aye.

Approval of Ordinance 02-197

AN ORDINANCE VACATING CERTAIN CLASS "D" ROADS IN TOWNSHIP 3 SOUTH RANGE 7 WEST USM AND TOWNSHIP 3 SOUTH RANGE 8 WEST USM;

WHEREAS Duchesne County has certain Class "D" roads located in Township 3 South Range 7 West USM; and Township 3 South Range 8 West USM, more particularly idescribed in attached Exhibit "A".

WHEREAS Deep Creek Investments, owner of a majority of the acreage effected by these Class "D" roads, has requested that the county vacate the public's interest in some or all of these roads; and,

WHEREAS the county has reviewed these roads and the role these roads play in the county's overall road and access plan; and,

WHEREAS the county has determined that these roads are not necessary for the county's road, transportation and access pland; and,

WEHREAS the County has conducted a public hearing on October 7th, 2002, 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. The public's interest in the following roads is hereby vacated, to wit:  See attached plat identified as Exhibit "B".

2. The vacation of said roads shall only operate so as to terminate the public's interest in said road and shall not affect any prviate landowner's valid existing rights, including utility easements existing of record.

DATED this 23rd day of December, 2002

Motion:   Commissioner Ross made a motion to approve the closing of certain Class "D" Roads in property owned by Deep Creek Investment.  Commissioner Thayne second.  Motion carried.  Roll Call Vote:  All Commissioners Voting Aye.

Approval of Ordinance 02-198

AN ORDINANCE VACATING CERTAIN CLASS "D" ROADS IN TOWNSHIP 2 SOUTH RANGE 5 WEST USM;

WHEREAS Duchesne County has certain Class "D" roads located in Township 2 South Range 5 West USM, more particularly dexribed as follows:  Township 2 South Range 5 West, USM; Section 4:  All; Section 9:  All; Section 10:  All; Section 15: All; Section 16:  All; Section 17:  All;

WHEREAS Fred Tew, owner of a majority of the acreage effected by these Class "D" roads, has requested that the county vacate the public's interest in some or all ofthese roads; and,

WHEREAS the ocunty has reviewed these roads and the role these roads play in the county's overall road and access plan; and,

WHEREAS the county has determined that these roads are not necessary for the county's road, transportation and access plan; and,

WHEREAS the County has conducted a public hearing on October 7th, 2002 heraing 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. The public's interest int he following roads is hereby vacated, to wit:  Township 2 South, Range 5 West, USM; Section 4:  All; Section 9:  All; Section 10:  All; Section 15: All; Section 16:  All; Section 17:  All;

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

DATED this 23rd day of December, 2002.

Motion:   Commissioenr Thayne made a motion to approve Ordinance 02-198.  Commissioner Ross second.  Motion carried.  Roll Call Vote:  All Commissioenrs Voting Aye.

Approval of Ordinance 02-199

AN ORDINANCE VACATING CERTAIN CLASS "D" ROADS IN TOWNSHIP 1 SOUTH RANGE 4 WEST USM; TOWNSHIP 2 SOUTH RANGE 4 WEST USM;

WHEREAS Duchesne County has certain Class "D" roads located in Township 1 South Range 4 West USM and Township 2 South Range 4 West USM, more particularly described as follows:

Township 1 South Range 4 West USM
Section 35:  All;

Township 2 South Range 4 West USM
Section 1:  All;
Section 2:  All;
Section 3:  All;
Section 11:  All;
Section 14:  All;
Section 22:  All;
Section 23:  All;
Section 26:  All;
Section 27:  All;

WHEREAS Brent and Jimmie Brotherson, owners of a majority of the acreage effected by these Class "D" roads, have requested that the county vacate the public's interest in some or all of these roads; and,

WHEREAS the county has reviewed these roads and the role these roads play in the county's overall road and access plan; and,

WHEREAS the county has determined that these roads are not necessary for the county's road, transportation and access plan; and,

WHEREAS the County has conducted a public hearing on October 7th, 2002, 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. The public's interest in the following roads is hereby vacated, to wit:  Township 1 South Range 4 West USM  Section 35:  All;  Township 2 South Range 4 West USM  Section 1:  All; Section 2:  All; Section 3:  All; Section 11:  All; Section 14:  All; Section 22:  All; Section 23:  All; Section 26:  All; Section 27:  All;

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

DATED this ___ day of December, 2002.

Motion:   Commissioner Thayne made a motion to exclude the W1/2 Sec 22, W1/2 Sec 27 E1/2 Sec 1 and to include W1/2 Sec 1., E1/2 Sec.22, E1/2 Sec. 27 and all of Sec. 35.   Commissioner Ross second.  Motion carried.  Roll Call Vote:  All Commissioners Voting Aye.

Approval of Resolution 02-16

2003 COMMISSION MEETING SCHEDULE
NOTICE IS HEREBY GIVEN OF THE 2003 MEETING SCHEDULE OF THE BOARD OF COUNTY COMMISSIONERS OF DUCHESNE COUNTY, UTAH

PUBLIC NOTICE is hereby given that the 2003 meeting schedule for the Board of County Commissioners of Duchesne County, Utah, will be every Monday (except holidays) beginning at 9:00 AM for the working session and again at 1:00 PM for the regular session.

Meetings will be held for the working meeting in conference room #1 and for the Regular Meeting inthe Commission Board Room of the Duchesne County Administration Building, 734 North Center Street in Duchesne, Utah.

I, Diane Freston, Duchesne County Clerk/Auditor do hereby certify that from December 24th 2002 to January 13th 2003 pursuant to U.S.A., 52-4-6 (1), this notice was posted.  Notice also given to Radio Station K.N.E.U. and Uintah Basin Standard.

NOW THEREFORE, be it hereby resolved as follows;

WE, THE BOARD OF COUNTY COMMISSIONERS of Duchesne County, State of Utah as governing body of this county do enact this resolution to set the meeting schedule of the Commission Meetins for the year 2003.

PASSED AND ADOPTED THIS 23RD DAY OF DECEMBER, 2002 by the following vote of the Board of County Commissioners:

Motion:  Commissioner Ross made a motion to approve Resolution 02-16 setting the 2003 commission meeting schedule.  Commissioner Thayne second.  Motion carried.  Roll Call Vote:   All Commissioners Voting Aye.

2:00 PM Public Hearing - Vacation of Class "D" Roads - T1S, R4W, Sec 35 Altamont Lake Fork Area, T1S, R5W, Sect 9, 15, 17, 21, 22, 27, 28 in the Talmage Area.

Present:  Shawn McConkie, Lynn Burton, Phil Johnson, Elton Potter, Arva Potter, Jeff Potter, Roni Potter, Terri Ferea, Jeff Henderson, Julie Abbott, Lynn Taylor, Brent Brotherson, and Jim Brotherson.

Attorney Uresk explained that vacating by the county of Class D Roads in these areas is not going to restrict travel to those property owners with valid existing rights.  It means the county has vacated its interest int eh roads.  The hearing was then opened for public comment.  Several property owners reviewed the maps and made comment.  Some roads that were in question by property owners were found to be Class "B" roads.  Class "B" roads are not affected by the vacation.  There were no other oppositions.  The hearing was closed.

Approval of Ordinance 02-200

AN ORDINANCE VACATING CERTAIN CLASS "D" ROADS IN TOWNSHIP 1 SOUTH RANGE 5 WEST USM;

WHEREAS Duchesne County has certain Class "D" roads located in Township 1 South Range 5 West USM, more particularly described as follows:

Township 1 South Range 5 West USM
Section 9:  All;
Section 15:  All;
Section 16:  All;
Section 17:  All;
Section 21:  All;
Section 22:  All;
Section 27:  All;
Section 28:  All;

WHEREAS Doug and Julie Jessen, Joyce and Guy Thayne, and Lynn and Alice Taylor, owners of acreage effected by these Class "D" roads, have requested that the county vacate the public's interest in some or all of these roads; and,

WHEREAS the county has reviewed these roads and the role these roads play in the county's overall road and access pland; and,

WHEREAS the county has determined that these roads are not necessary for the county's road, transportation and access plan; and,

WHEREAS the county has conducted a public hearing on October 7th 2002, 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. The public's interest in the following roads is hereby vacated, to wit:  Township 1 South Range 5 West USM  Section 9:  All; Section 15:  All; Section 16:  All; Section 17:  All; Section 21:  All; Section 22:  All; Section 27:  All; Section 28:  All;

2. The vacation of said roads shall only operate so as to terminate the public's interest in said road and shall not affect any private landowner's valid existing rights, including utility easements existing of record.  DATED this 24 day of December, 2002.

Motion:  Commissioenr Thayne made a motion to approve Ordinance 02-200.  Commissioner Ross second.  Motion carried.  Roll Call Vote:  All Commissioners Voting Aye.

Consideration of Morning Agenda Items
The contract for Deputy County Attorney Roland Uresk's legal services was reviewed and changes made during the morning work meeting.

Motion:  Commissioner Ross made a motion to accept the contract for legal services with Attorney Roland Uresk.  Commissioner Thayne second.  Motion carried.  Roll Call Vote:   All Commissioners Voting Aye.

Approval of 2003 Insurance Benefit Package - Ray Hussey, county insurance representative and Carrie Mascaro, personnel department

Mr. Hussey and Mrs. Mascaro reviewed the health and dental renewal for the upcoming year with the commission.  They also discussed renewal with IHC Health Plans and an increase to the office co-pay from $15 to $20 per office visit.  Mr. Hussey has received several bids from other companies.  The commission reviewed bids from Fortis Benefits, IHC, and Standard.  (see attachment)

Motion:  Commissioner Ross made a motion to accept Standard Insurance Companies proposed rate and to increase the life insurance benefit to $20,000.  Commissioner Thayne second.  Motion carried.  Roll Call Vote:  All Commissioners Voting Aye.

Motion:  Commissioner Thayne meade a motion to accept the recommendation of a ninety-day waiting period on insurance benefits for new employees.  All insurance benefits are applicable after the ninety-day period.   Commissioner Ross second.  Motion carried.  Roll Call Vote:  All Commissioners Voting Aye.

Motion:  Commissioner Ross made a motion to continue with IHC Insurance and a $20 co-pay per office visit.  The county will accept the 7.82% increase in Dental Select and additionally the county will change the life insurance to Standard Insurance Company with rates described in the insurance attachment.  Commissioner Thayne second.  Motion carried.  Roll Call Vote:  All Commissioners Voting Aye.

...............Evidence Clerk from Duchesne County Sheriff's Office Shirlyn Peatross joined the meeting.............

Other Business
Mrs. Peatross and the commisison discussed the procedure for sale of unclaimed property.  The items list must be reviewed by the commission before they are offered for sale.

Motion:  Commissioner Thayne made a motion for Mrs. Peatross to contact Peatross Auction to see if they want to go ahead and advertise the sale or wait until the county sale in April.  Commissioner Ross second.   Motion carried.  Roll Call Vote:  All Commissioners Voting Aye.

Approval of Resolution 02-17

CERTIFICATION OF BUDGET

DUCHESNE COUNTY
Calendar Year Ending December 31, 2003

ADOPTION OF BUDGET INFORMATION:

In compliance with Title 17, Chapter 36, Section 15, Utah Code, which states:  "On or before the last day of each fiscal period, the governing body by resolution shall adopt the budget which, subject to further amendment, shall thereafter be in effect for the next fiscal year.  A copy of the final budget, and of any subsequent amendment thereof, shall be certified by the budget officer and filed with the state auditor not later than thirty days after its adoption.  A copy, similarly certified, shall be filed in the office of the budget officer for inspectino by the public during business hours."

WHEREAS the legislature of the State of Utah has granted legislation providing for the adoption of said county annual budgets and;

WHEREAS there exists a need to utilize this provision of the State statutes to serve the best interest of the County and the residents thereof and to promote the most efficient and practical operation of coutny government.  The purpose of this resolution is to adopt the 2003 Duchesne County Budget by revenue and expenses;

NOW THEREFORE, be it hereby resolved as follows;

WE, THE BOARD OF COUNTY COMMISSIONERS of Duchesne County, State of Utah as governing body of this county do enact this resolution to adopt said budget for the year 2003.

PASSED AND ADOPTED THIS 23RD DAY OF DECEMBER, 2002 by the following vote of the Board of County Commisisoners.

Motion:  Commissioner Ross motioned to adopt Resolution 02-17.  Motion carried.  Roll Call Vote:   Two Commissioners Voting Aye.  Commissioner Stradinger Absent.

Approval of Resolution 02-18

WHEREAS the legislature of the State of Utah has granted legislation providing for the increase in unencumbered orunexpended appropriations from one department to another withinthe same fund, the said legislation being designated as Section 17-36-25 & 26 of the Utah Code annotated, 1953, and amended 1975; and

WHEREAS there exists a need to utilize this provision of the State statutes to serve the best interest of the County and the residents thereof and to promote the most efficient and practical operation of county government.  The purpose of this resolution is to increase the 2002 Duchesne County Budget by revenue and expenses and free up said monies spent;

NOW THEREFORE, be it herevy resolved as follows;

WE, THE BOARD OF COUNTY COMMISSIONERS of Duchesne County, State of Utah as governing body of this ocunty do enact this resolution to increase the following amounts to the listed departments within the following funds for the Budget year 2002.

INCREASES

DUCHESNE COUNTY LIBRARY
FUND 22
	Revenue
22-3070-000-000	Library Equipment Grants	16,675.00
	Fund Balance	20,000.00
		36,675.00
	Expenses
22-4580-720-000	Library Improvements	20,000.00
22-4580-740-000	Library Equipment Grant	16,675.00
		36,675.00
MUNICIPLE BUILDING AUTHORITY
FUND 34
	Revenue
34-3348-000-000	D/W Landfill Loan 6363	538,310.98
	Expense
34-4718-610-000	D/W Landfill Loan 6363	538,310.98
DUCHESNE COUNTY SOLID WASTE
FUND 24
	Revenue
24-3350-000-000	Landfill fees - Business	300,000.00
	Expense
24-4440-611-000	Fees to Bluebench Landfill	300,000.00

PASSED AND ADOPTED THIS 23RD DAY OF DECEMBER, 2002 by the following vote of the Board of County Commissioners.

Motion:   Commissioner Ross made a motion to approve Resolution 02-18.  Motion carried.   Roll Call Vote:  Two Commissioners Voting Aye.   Commissioner Stradinger absent.

Approval of Resolution 02-19

WHEREAS the legislature of the State of Utah has granted legislation providing for the transfer of any unencumbered or unexpended appropriation balances from one department to another within the same fund, the said legislation being designated as Section 17-36-23 of the Utah Code annotated, 1953, and amended 1975; and

WHEREAS there exists a need to utilize this provision of the State Statutes to serve the best interest of the County and the residents thereof and to promote the most efficient and practical operation of county government.

The purpose of this resolution is to transfer expenditure monies of the 2002 Duchesne County Budget from one department to another within the various funds.

NOW THEREFORE, be it hereby resolved as follows;

WE THE BOARD OF COUNTY COMMISSIONERS of Duchesne County, State of Utah as governing body of this ocunty do enact this resolution to increase or decrease the following amounts to the listed departments within the same fund for the Budget year 2002.

	TRANSFERS
FUND 10	GENERAL FUND
	Expense
10-4121-310-000	Professional & Tech - District Court	60,000.00
10-4136-110-000	GIS Mapping	-25,000.00
10-4141-410-000	Truth & Taxation	4,000.00
10-4145-110-000	Attorney	-20,000.00
10-4151-250-000	Senior Program Vehicles	15,000.00
10-4180-110-000	Planning & Zoning	-10,000.00
10-4210-110-000	Sheriff	-53,600.00
10-4670-312-000	Regional Planning - UBAOG	12,600.00
10-4960-652-000	Tax Appeals	7,000.00
10-4980-312-000	TV Contract	10,000.00

PASSED AND ADOPTED THIS 23RD DAY OF DECEMBER, 2002 BY THE FOLLOWING VOTE OF THE BOARD OF COUNTY COMMISSIONERS

Motion:   Commissioner Ross made a motion to approve Resolution 02-19.  Motion carried.  Roll Call Vote:  Two Commissioners Voting Aye.   Commissioner Stradinger absent.

Approval of Resolution 02-20

WHEREAS, Utah Code Annotated (1953 as amended), Section 17-16-14, provides for the establishment by the Board of County Commissioners of salaries for County Officers; and,

WHEREAS, it is appropriate that said salaries be set forth in the resolution form;

NOW THEREFORE, BE IT ORDAINED and resolved that the annual salaries of the elected and statutory officers of Duchesne County be fixed or established as follows:

Board of County Commission Chairperson	$36,937.60
Board of County Commission Member	$36,337.60
County Attorney	$60,798.40
County Assessor	$39,520.00
County Clerk-Auditor	$39,520.00
County Recorder	$39,520.00
County Treasurer	$39,520.00
County Sheriff	$44,324.80
Justice Court - East Side	$24,252.80
Justice Court - West Side	$31,262.40

The annual salaries set forth heerin shall be effective from January 1, 2003 through December 31, 2003

Motion:   Commissioner Ross made a motion to approve Resolution 02-20.  Motion carried.   Roll Call Vote:  Two Commissioners Voting Aye.   Commissioner Stradinger absent.

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