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 AUGUST 11, 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, Adam Rockwood, Shelly Rockwood, and Carol Casey taking minutes.

Prayer: Commissioner Ross
Pledge of Allegiance

Road Items: Mr. Nielsen stated he talked with Mr. Phil Huff regarding acquiring a right-of-way for the Lake Fork Bridge. Mr. Nielsen stated that the environmental papers for the construction of the bridge are complete also. 

Mr. Nielsen discussed the request for road improvement on 5000 South and State Highway 87. Last week Mr. Haggard requested that the road maintenance be extended to his residence. The road is bad in the winter and the sanitation trucks can not get to his residence. Part of the road is on the Duchesne County "B" Road system, the last quarter mile to Mr. Haggard's property is not on the system. The county surveyor Mr. Allred inspected the road and found the road stakes to be 66ft. apart. Mr. Nielsen recommended that fifteen hundred feet more on 5000 South be added to the "B" Road system Commissioner Ross stated that the county needs a signed right-of-way from the property owners, and a proper survey from Mr. Allred first.

...............Georg Adams, and Kay Seeley joined the meeting...............

Eagle Scout Project - Adam Rockwood:
Mr. Rockwood is from troop 750 in Roosevelt's Third Ward. For his eagle-scout project he would like to paint all the fire hydrants that the Roosevelt City Fire Department uses. He plans to clean up the weeds and grass around the hydrants. "Because we are all aware that weeds grow back", Mr. Rockwood stated, he would like to paint a stencil on the road indicating where the hydrants are in the areas out of Roosevelt City limits. Mr. Rockwood is petitioning the State for permission to do this on the state highways also.

The commission asked Fire Marshall Georg Adams to work with Mr. Rockwood on obtaining maps from the water districts of where the fire hydrants are.  Motion: Commissioner Stradinger made a motion to approve the eagle-scout project submitted by Adam Rockwood. Commissioner Peatross second. Motion carried. Roll Call Vote: All Commissioners Voting Aye.

Duchesne City/ County Fairground Issues
During the morning work session the commission reviewed plat maps of the county fairgrounds . The arena and the tan building are recorded in Duchesne City's name. A portion of the city ball park is recorded in Duchesne County's name. The commission directed Attorney Uresk to have a survey done so that the buildings and arena which are owned by Duchesne County can be properly recorded with the correct ownership.   Motion: Commissioner Peatross made a motion that the surveyor and attorney prepare the proper descriptions of the land to make an exchange of porperty with Duchesne City. Commissioner Stradinger second. Motion carried. Roll Call Vote: All Commissioners Voting Aye.

Appointment of Weed Board Member
The Commission reviewed the application from Jennifer Corser for the position on the Duchesne County Weed Board.  Motion: Commissioner Stradinger made a motion to appoint Jennifer Corser to the Duchesne County Weed Board. Commissioner Peatross second. Motion carried. Roll Call Vote: All Commissioners Voting Aye.

Signing of the Agreement with Jim Lisonbee for Building Inspector Services
This agreement entered into this 11th day of August, 2003 by and between Duchesne County, a political subdivision, in the State of Utah, here in after referred to as "County" and James Lisonbee, here in after referred to as "Lisonbee".

RECITALS
WHEREAS, Duchesne County is obligated to provide building inspections under its ordinances; and,
WHEREAS, Duchesne County is in need of additional assistance in providing building inspections; and,
WHEREAS, Lisonbee has the skills necessary to assist in providing building inspections; and
WHEREAS, Lisonbee is available on a part time basis to conduct building inspections as needed; and,
WHEREAS, The County desires to contract with Lisonbee for building inspection services; and
The consideration of the mutual covenants contained herein, and other good and valuable consideration, the parties agree as follows:
Section I Terms
This agreement shall become effective August 11, 2003, and shall terminate July 1st, 2004 unless extended, by mutual agreement, by the parties as set forth below.
Section II Services
Lisonbee shall provide building inspection services as needed and directed by the Duchesne County Building Department. Said services shall be conducted primarily after 3:00p.m. weekdays and according to Lisonbee's availability.
Section III Compensation
The parties agree that Lisonbee shall be compensated for his service at the rate of Forty Seven Dollars ($47.00) per hour including travel time plus mileage at the rate of 36.5 cents per mile. Lisonbee shall submit a monthly billing, setting forth the hours expended, the tasks performed and mileage incurred. The County shall pay said invoice within thirty (30) days of receipt thereof.
Section IV Attorney's Fees
In the event of a breech or disagreement by either party the aggrieved party shall give the breeching party notice of said breech, and an opportunity to cure said breech within thirty (30) days of the delivery of the written notice. If the breech is not cured within thirty (30) days, the aggrieved party may terminate this agreement or may proceed to enforce said agreement through legal action. In the event legal action is taken in relation to this agreement, the non prevailing party in the action shall pay to the prevailing party in addition to all the sums that either party may be called on to pay a reasonable sum of the prevailing party's attorney's fees.
Section V Notice
Any notice required or permitted to be given under this agreement shall be deemed properly given at the time it is personally delivered or mailed properly addressed and postpaid to the address specified below or as such other address as may be specified in writing.
The County:
Board of County Commissioners
Duchesne County
PO Box 270
Duchesne, Utah 84021
Lisonbee:
James Lisonbee
RR 3 Box 3071C
Roosevelt, Utah 84066
Section VI Status As County Employee
Lisonbee shall be classified as a temporary county employee when acting within the scope of employment as assistant building inspector. Lisonbee shall not be eligible for any benefits due to his status as temporary employee.
Section VII Governing Law
It is agreed that this agreement shall be governed by, construed and enforced in accordance with the laws of the State of Utah.
Section IX Entire Agreement
This agreement contains the binding agreement between the parties and supercedes all other agreements and representations, written or oral, on the subject matter of this agreement, including any statements and references in exhibits or attachments that may be in conflict with statements in this agreement.
Dated this 11th day of August 2003.

Motion: Commissioner Peatross made a motion to accept the agreement with Jim Lisonbee for building inspector services. Commissioner Stradinger second. Motion carried. Roll Call Vote: All Commissioners Voting Aye.

L & L Motor - Tax Issues
Accountant Kay Seeley represented L & L Motor. He stated that L & L Motor bought property in 1997 with an existing building on it. In 1998 they demolished the building. L & L Motor has been paying taxes on the building for five years. Mr. Seeley is requesting a reimbursement for the years the building has been gone.  Commissioner Peatross stated that the money has been allocated to the various districts.   Commissioner Ross stated that it is the responsibility of the property owner to make sure the tax notice is correct.  Attorney Uresk stated that the issue should have been brought before the Board of Equalization. Because there is no clerical error by the county they cannot consider the request for a refund.

Other Business
Road Supervisor Doug Nielsen came in to discuss the request by Joyce Bailey for the vacation of a Class D Road at the Murdock Ranch in Red Creek. He will have the county surveyor Jerry Allred review the accesses.

The commission reviewed a line removal agreement with Moon Lake Electric Association . TV Service Contractor Alfred Stringham has requested to retire electrical service to the Strawberry TV Booster Station and the Utahn Booster Station as well. (see attachment)   Motion: Commissioner Stradinger made a motion to approve the agreement to retire the service to the Strawberry TV Booster Station and the Utahn Booster Station. Commissioner Peatross second. Motion Carried.  Roll Call Vote: All Commissioners Voting Aye.

Auditors Office - Tax Adjustments - Vouchers
Approval of August 4, 2003 Commission Minutes
The minutes of August 4th 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 presented vouchers #84505 to #84592 totaling $87,260.78 for approval.  Motion: Commissioner Stradinger made a motion to approve the vouchers. Commissioner Peatross second. Motion carried. Roll Call Vote: All Commissioners Voting Aye.

Tax Adjustment - Treasurer

Account	Credit		Comment
00-004-1594	$30.65		Balance not cleared by bankruptcy court

Motion: Commissioner Stradinger made a motion to approve the tax adjustment. Commissioner Peatross second. Motion carried. Roll Call Vote: All Commissioners Voting Aye.

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