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 JANUARY 27, 2003 BEGINNING AT 1:00 P.M. IN THE COMMISSION BOARD ROOM
IN DUCHESNE, UTAH

Commissioners Present:  Commission Chairman Larry S. Ross Stradinger, Commissioner Lorna Stradinger, and Commissioner Kent Peatross.

Others Present:  Road Supervisor Douglas Nielsen, Deputy Attorney Roland Uresk, and Carol Casey taking minutes.

Prayer: Commissioner Stradinger
Pledge of Allegiance

Road Items:  Mr. Nielsen stated the road department is finishing the work on County Road #49 inthe Heartford area.  They will start on Road #4 in the Fruitland area next.

Commissioner Stradinger stated she received a complaint about the condition of a county roadon 18290 West and Hwy 40.  Mr. Nielsen stated he would inspect the road.

Commissioner Peatross informed Mr. Nielsen that there are some icy spots on the Strawberry Road that also should be addressed.

The commission and Mr. Nielsen discussed the 2003 paving schedule.  The commission would liek to review the list.  Commissioner Stradinger suggested that a public hearing be held so that citizens of the county could make comment regarding the roads that are selected.  The commission also suggested that the planning commission schedule a road tour soon.

...............Bud Steffen joined the meeting...............

Resolution No. 03-01

A RESOLUTION ANNEXING CERTAIN LANDS INTO THE JOHNSON WATER DISTRICT

WHEREAS, The Board of Commissioners of Duchesne County, State of Utah, did, on the 9th day of December, 2002, pass a Resolution, declaring its intention to annex into the Johnson Water District certain lands at the request of the property owners of an area adjacent to the Johnson Water District andin accordance with the provisions of Title 17A-2-301, et seq. Utah Code Annotated, (1953) as amended, and

WHREAS, many of the residents have sought to be included in the District andhave urged that they be included in the District, and

WHEREAS, public hearings have been held pursuant to notice published in the Uintah Basin Standard as provided by law, and

WHEREAS, it appears that the inclusion of the below-described lands of said district is in the bestinterest ofthe public and of the health, safety, and convenience of the public, require the annexation of these lands to the Johnson Water District,

BE IT THEREFORE RESOLVED,that certain lands adjacent to the Johnson Water District be annexed into said district.

TOWNSHIP 3 SOUTH, RANGE 2 WEST, USM.
Section 28:  Beginning at the Southeast corner of the Southwest 1/4 Northeast 1/4, thence West 350 feet to west side of driveway; thence North 660 feet; thence East 350 feet, more or less, to the East line of the South West 1/4 Northeast 1/4; thence south 660 feet, more or less, to the piont of beginning.  Containing 5.30 acres.

PASSED this 27th day of January, 2003, by the Board of County Commissioners.

Members:  Larry S. Ross, Lorna Stradinger, and Kent Peatross
All present and voting in favor thereof.

Motion:   Commissioenr Peatross made a motion to accept Resolution 03-01 annexing certain lands into Johnson Water District.  Commissioner Stradinger second.  Motion carried.  Roll Call Vote:  All Commissioners Voting Aye.

Resolution 03-02
Mr. Bud Steffen presented a map outlining the proposed property requesting to be annexed into Johnson Water District.

A RESOLUTION DECLARING THAT THE PUBLIC HEALTH, CONVENIENCE, AND NECESSITY, REQUIRE THE ANNEXATION OF CERTAIN PROPERTIES TO THE JOHNSON WATER DISTRICT AND DECLARING THE INTENT OF THE BOARD OF COMMISSIONERS OF DUCHESNE COUNTY TO ANNEX INTO THE JOHNSON WATER DISTRICT SAID PROPERTIES

WHEREAS, the Board of Commissioners of Duchesne County, State of Utah, hereby declare that the public health, convenience, and necessity require the annexation of certain properties into the Johnson Water District, and

WHEREAS, all property included within the boundary of this proposed annexation will be benefited by annexation into the Water District, and

WHEREAS, none of the area to be annexed is also within the boundaries of any other special service district established by Duchesne County, nor is the area to be annexed within any other district presently providing similar services

BE IT THEREFORE RESOLVED by the Board of County Commissioners of Duchesne County as follows:

1. The public health, convenience, and necessity require the annexation of certain properties into the Johnson Water District.

2. The boundaires of this area to be annexed are as follows:  Township 3 South Range 2 West USB&M  Section 4:  NE1/4; SE1/4; SW1/4NW1/4; S1/2NE1/4NW1/4; NE1/4SW1/4

3. Public Hearing on the question of the annexation of said property into the Johnson Water District shall be held by the Board of County Commissioners at the Duchesne County Administration Building 734 North Center Street, Duchesne Utah at 2:00 p.m. on Monday, February 24, 2003 at which time all interested persons or parties may appear and be heard, either in support of or in opposition to the annexation of the property into the district.

4. The notice on intention of annex said property into the Johnson Water District as set forth in Section Five shall be published at least once a week during three consecutive weeds, the first publication to be not less than 21 days nor more than 35 days before the hearing, in the Uintah Basin Standard, a newspaper having general circulation in Duchesne County

5. The notice of intention to be published shall be substantially int eh following form:

NOTICE OF INTENTION TO ANNEX CERTAIN PROPERTIES INTO THE JOHNSON WATER DISTRICT.

Notice is hereby given that on January 27, 2003, the Board of County Commissioners of Duchesne County adopted a Resolution declaring that the public health, convenience, and necessity require the annexation of certain property within the Johnson Water District.  The Resolution also provides for a public hearing ont he annexation of the property into the district, to be held at the Duchesne County Administration Building, 734 North Center Street, Duchesne, Utah at 2:00 p.m. on Monday, February 24, 2003.  Any interested person may protest the annexation into the district, either orally at the hearing or in writing, at any time prior to the hearing.  Written protest must be filed with the County Clerk and may be withdrawn by the protestant at any time before the County annexes the propery into the District.

Any protest signed on behalf of a corporation having an interest in the area shall be sufficient if it is signed by the president, the vice president, or any duly authorized agent of the corporation.  For title to any properties held in the name of more than one person, all of the persons holding title to property must join inthe signing of the protest.  At said public hearing the Board of Commissioenrs will give full consideration to all protest which shall be been filed and will hear and considera ll interested persons desiring to be heard.

At said public hearing, the Board of County Commissioners may continue the hearing from time to time.  After conclusion of the hearing, the Board of County Commissioners shall adopt a Resolution either annexing the property into the Johnson Water District or determining that the annexation into the district should be abandoned, and may in its discretion reduce the boundary of the area to be annexed.

If within 15 days after the conclusion of the hearing, over fifty percent (50%) of the owners of over fifty percent (50%) of a table value of a taxable property included within the proposed annexed area, file written protests against annexation into the district with the County Clerk, the Board is required by law to abandon the proposed annexation of the property into the district.

Any person who shall come at or any time prior to the date and time above specified for the hearing sand file a written protest with the County Clerk against the annexation of said property to the district and whose property has been included within the boundaires of the proposed annexed area, notwithstanding wuch protest, may within (30) days after teh adoption of the Resolution annexing said property into the district, apply to the District Court of the Eighth Judicial District, for a Writ of Review of the actions of the County annexing said property into the District, only upon the grounds, however, that his property will not be benefited by service authorized to be furnished by the district or that the proceedings taken in the annexation of said property in the district have not been in compliance with law.

A FAILURE TO APPLY FOR SUCH WRIT OF REVIEW WITH THE PRESCRIBED TIME SHALL FORECLOSE ALL OWNERS OF PROPERTY WITHIN THE PROPOSED AREA OF ANENXATION INTO THE DISTRICT FROMTHE RIGHT TO FURTHER OBJECTION THERETO.

6.  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.

7.  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 effect, impair, or invalidate the remaining provisions of the Resolution but shall be confined in its operation to the specific section, sentences, clauses or part of this Resolution so held unconstitutional and invalid; and the inapplicability and invalidity of any section, sentences, clauses or part of the Resolution in any one or more instances shall not effect or prejudice in any way the applicability and validity of this Resolution in any other instances.

8.  All resolutions, bylaws, and regulations of Duchesne County, Utah in conflict with this Resolution are hereby repealed to the extent only of such inconsistency.  This repeal shall not be construed to revive resolution, bylaw, or regulation or part thereof heretofore repealed.

GIVEN BY ORDER OF THE BOARD OF COUNTY COMMISSIONERS OF DUCHESNE COUNTY, this 27th day of January 2003

Motion:   Commissioner Stradinger made a motion to accept Resolution 03-02 for a public hearing to annex said acres in Sec 4, T3S, R2W USB&M, and for all adjoining property owners to be notified by the Johnson Water District.  Commissioner Peatross second.   Motion carried.  Roll Call Vote:  All Commissioners Voting Aye.

Consideration and Approval of Funds for Remodeling Administration Building Office Space   Commissioner Stradinger commented on the need for more space for the Senior Citizens Program.  The commission decided to go ahead with the planned remodeling and to consider the request for the aging department and a later date.

Motion:   Commissioner Peatross made a motion to proceed with the design Mr. Bennett presented to the commission with an anticipated cost of $80,000.  The funds are to come from Fund 41.  Commissioner Stradinger second.  Roll Call Vote:  All Commissioners Voting Aye.

Consideration and Approval of 2003 Beer License for Neola Store  Deputy Clerk/Auditor presented the beer license application.  The application has the sheriff's office approval.

Motion:   Commissioner Stradinger made a motion to accept the beer license application for the Neola Store.  Commissioner Peatross second.  Motion carried.  Roll Call Vote:  All Commissioners Voting Aye.

Consideration and Approval of the Financial and Operating Plan between Duchesne County Sheriff's Department and the Forest Service for a Cooperative Law Enforcement Agreement (see attachment)

Motion:   Commissioner Stradinger made a motion to approve the financial operating plan between Duchesne County Sheriff's department and the forest service for law enforcement not to exceed $11,000 as per contract.  Commissioner Peatross second.  Motion carried.  Roll Call Vote:  All Commissioners Voting Aye.

...............Commissioner Stradinger asked to be excused for a few minutes...............

Other Business
Diana Manning - Tax Issues.  Mrs. Manning and the commission discussed the issue of back taxes on her home.  Mrs. Manning proposed a pyament schedule for the past due taxes over the next five years to bring the taxes current.  The commisison will review her request with Assessor Greg Garff.  The matter will be addressed in commission meeting next week.

Morning Agenda Items
Old Neola School Property.  The commisison and the owner of the old Neola School proeprty discussed the issue of possible cost for clean-up if asbestos is present in the soil and the old building in teh morning work session.  The county made an offer to purchase the property.  Mr. Lynn Miller representing Sierra King Trust accepted the offer.

Motion:  Commissioner Peatross made a motion to authorize legal council to move forward with the necessary documents needed to purchase the old Neola School site for $3,000.  If there is no condemnation by the state after asbestos testing, Sierra King Trust is to have surface salvage rights for thirty days.   Commissioner Ross second.  Motion carried.  Roll Call Vote:  Both Commissioners Voting Aye.

Auditor's Office - Vouchers - Tax Adjustments - Department Head Time Sheets - Personnel Issues - Finances
Vouchers:  Deputy Auditor Becky Norris presented vouchers #82368 - 82492 and pre-draws #82366 & 82367 totaling $216,275.11 for approval.

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

Approval of January 13, 2003 Commission Minutes
The minutes were reviewed and corrections made.

Motion:  Commissioner Peatross made a motion to accept the minutes with corrections.  Commissioner Ross second.  Motion carried.  Roll Call Vote:  All Commissioners Voting Aye.

Tax Adjustment - Assessor

Serial/Account	Year	Debit/Credit	Comment
0030605	2003	-$139.74	Adjust market value for 2002

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

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