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 MAY 19, 2003
BEGINNING AT 1:00 P.M. IN THE COMMISSION BOARD ROOM
IN DUCHESNE, UTAH

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

Others Present:  Road Supervisor Douglas Nielsen, Deputy County Attorney Roland Uresk, Clerk/Auditor Diane Freston, Newell and Maxine Christensen, Alice Taylor and Carol Casey taking minutes.

Prayer: Commissioner Stradinger
Pledge of Allegiance

Road Items: Mr. Nielsen presented partial payment requests No. 2 & 3 from Horrocks Engineers. The payment request is for design engineering services on project BRO-LC13(5) NW Myton, Lake Fork River Bridge. Payment request No. 2 is in the amount of $15,321.42 and payment request No. 3 is for $10,456.22.

Motion: Commissioner Peatross made a motion to accept the payment request No. 2 & 3 on project BRO-LC13(5) from Horrocks Engineers. Commissioner Stradinger second. Motion carried. Roll Call Vote: All Commissioners Voting Aye.

Mr. Nielsen reported that the road department has finished the rough work on the parking lot for Roosevelt City and they will have to wait until Moon Lake finishes the electrical before the gravel can be put down. The gravel work on the parking area will need to complete by the first of June because the road department will need to start the summer paving projects. Commissioner Peatross asked for a status report on historical funding for the old Bridgeland Bridge restoration. Mr. Nielsen stated that he is in the process of applying for enhancement funds. The demolition estimate can also be applied toward the cost of the restoration.

Commissioner Stradinger stated that Mr. Ralphs had contacted her regarding the county's position regarding the fence blocking the lane at the old Altonah town site. Attorney Uresk will send a letter to Mr. Ralphs and other affected parties informing him of the commission decision

Consideration and Approval of Agreement for Fair Ground Maintenance with Jerry & Sherry Lisonbee

AGREEMENT

(Refer to Clerk's Office)

Motion: Commissioner Peatross made a motion to accept the agreement for maintenance of the fairgrounds with Jerry & Sherry Lisonbee. Commissioner Stradinger second. Motion carried. Roll Call Vote: All Commissioners Voting Aye.

Consideration and Approval of Donation to FCCLA (Family, Career, Community Leaders of America) (see attachment)

Motion: Commissioner Stradinger made a motion that based on legal restraints regarding donations and the lack of information on how it would benefit the public the commission must deny the request. Commissioner Peatross second. Motion carried. Roll Call Vote: All Commissioners Voting Aye.

..........Greg Hales, Steve Foote Clint Peatross joined the meeting.........

Morning Agenda Items - Arcadia Road Right-of-Way
Motion: Commissioner Peatross made a motion to authorize the contracted appraiser Free & Associates to proceed with negotiations to purchase the needed rights-of-way for the Arcadia Road Project. Commissioner Stradinger second. Motion carried. Roll Call Vote: All Commissioners Voting Aye.

Commissioner Ross reported that some of the outside panels on the Justice Complex have come loose. Mr. Ken LaMay of Sahara Construction will inspect the complex tomorrow.

Tele-conference with Mr. Craig Phillips of Bass Petroleum. Mr. Phillips called to talk with the commission. Bass Petroleum's taxes total $12,138.64. He is requesting that he be allowed to pay $3,200.00 of his delinquent taxes now and the remaining will be paid by March 4, 2004. The commission agreed that he pay $3,200.00 now, half of the remaining will be paid in five months and the remainder on or before March 4, 2004. Mr. Phillips is to come in to the sign an agreement for payment with the treasurer Wednesday morning at 9:00 AM.

Motion: Commissioner Stradinger made a motion to accept the proposal to satisfy the delinquent taxes owned by Bass Petroleum. Commissioner Peatross second. Motion carried. Roll Call Vote: All Commissioners Voting Aye.

Discussion Regarding Taylor/Christensen Road Vacation Issues   The issue is a request by Lynn and Alice Taylor for vacation of a Class B Road. A public hearing has been held and the commission has heard argument from both Mr. Christensen and Mr. Taylor's attorneys. At that time, the commission directed the two parties to try and reach an agreeable settlement.

Commissioner Ross asked if an agreement had been reached. Mrs. Taylor replied that they have not reached an agreement.

Mrs. Taylor stated that they offered to purchase part of the property or to make a land trade with Mr. Christensen, but he did not accept.

Mr. Christensen's attorney Steve Foote stated that the road has been a public access for over twenty-five years. He also stated that if the county agrees to vacate the road the property owned by Mr. Christensen will be land locked.

Motion: Commissioner Stradinger made a motion at 2:00 PM to go into executive session to discuss pending or imminent litigation. Commissioner Peatross second. Motion carried. Roll Call Vote: All Commissioners Voting Aye.

Motion: Commissioner Stradinger made a motion at 2:10 PM to go out of executive session. Commissioner Peatross second. Motion carried. Roll Call Vote: All Commissioners Voting Aye.

Commissioner Ross stated that the commission feels they have received adequate information to make a decision.

Motion: Commissioner Peatross made a motion stating that the county recognizes that the road is on the Class B Road system. The commission is not in favor of vacating a road which will cause a property owner to lose access. His motion is to not vacate the road??? Commissioner Stradinger second. Motion carried. Roll Call Vote: All Commissioners Voting Aye.

Attorney Uresk is to draw up an official statement regarding the matter to be sent to all interested parties.

Tax Issues - Greg Hales
Mr. Hales addressed the commission for the purpose of getting a deferral on his delinquent taxes. He stated that the family has owned the property for thirty-five years and this is the first time they have gotten behind. He requested that he be allowed to make the payment on the taxes, and be given time to pay the penalty and interest.

Motion: Commissioner Peatross made a motion to abate $4,396.68 in interest and penalties and required Mr. Hales to pay in full the taxes of $23,801.85 by Wednesday at 5:00 PM. The remaining administrative cost, penalty and interest totaling $4,198.15 is to be paid in eight months. Commissioner Stradinger second. Motion carried. Roll Call Vote: All Commissioners Voting Aye.

Auditor's Office - Tax Adjustments - Vouchers

Approval of May 5, 2003 Commission Minutes   The minutes of May 5th were reviewed and corrections made.  Motion: Commissioner Peatross made a motion to approve the minutes as corrected. Commissioner Stradinger second. Motion carried. Roll Call Vote: All Commissioners Voting Aye.

Vouchers: Deputy Clerk/Auditor Becky Norris presented vouchers #83590 - #83669 totaling $310,795.53 for approval.
Motion: Commissioner Peatross made a motion to approve the vouchers. Commissioner Stradinger second. Motion carried. Roll Call Vote: All Commissioners Voting Aye.

On-Site Review of Old County Building for Possible USU Use

Adjournment : 4:15 PM   

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