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 8, 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, Doug Nielsen; Deputy Attoney, Roland Uresk; Phil Johnson, Mondi Taylor, Mike Barneck, Brad and Cindy Jensen, Mike and Sandy Beath, J D Brisk, Doug Prescott and Carol Casey taking minutes.

Prayer: Commissioner Peatross
Pledge of Allegiance

Road Items:  Mr. Nielsen presented payment request No. 10 on the Bridgeland Bridge project No. BRO-LC13(4) in the amount of $5,314.40, and payment request No. 6 on the Lake Fork River Bridge, project No. BRO-LC13(5) for $11,605.98.  Motion: Commissioner Peatross made a motion to accept payment requests No. 10 for $5,314.40 project No.BRO-LC13(4) and No. 6 for $11,605.98 project NO. BRO-LC13(5). Payment is to be made to Horrocks Engineers.  Commissioner Stradinger second.  Motion carried.   Roll Call Vote: All Commissioners Voting Aye.

Mr. Nielsen stated the road department has finished chipping in the Tabiona area. The recent rain has slowed the chipping work. The trucks have been hauling in the Myton area while waiting for drier weather.

Mr. Nielsen reported that the recent rainstorms have produced some flash flooding in the Utahn area. Some culvert work will need to done by the Gary Robb residence and a bridge is going to be installed on CR # 92 near Guy Taylor's residence.

The commission presented a letter from the Bandana Ranch Home Owners Association applauding the road department's effort in improving the road on 45000 West in the Fruitland area. (see attachment)

Mr. Nielsen stated that after reviewing the Moon Lake Water Users high water maps for Sandwash Reservoir he would like to withdraw the request to include the roads in Equestrian Estates Subdivision on the County B Road System.  Motion: Commissioner Stradinger made a motion that due to the results of the Moon Lake Water Users high water map of Sandwash Reservoir the commission not initiate the process of acquiring the roads in Equestrian Estates as county roads. Commissioner Peatross second. Motion carried. Roll Call Vote: All Commissioners Voting Aye.

Mr. Nielsen reviewed a letter from Highland Development regarding the roads in Utah Mini Ranches. The commission directed Mr. Nielsen to review the roads with Mr. Steed to make sure they meet the standards. If the roads are not adequate the commission suggested that Mr. Steed be given a thirty-day extension to meet the road bond agreement.  Motion: Commissioner Peatross made a motion that in as much as the commission has received a request from Highland Development to review the roads that Mr. Nielsen inspect the roads to make sure they meet requirements as per the bond agreement. 

Setting Date for Water Disposal Inc. Appeal Hearing
Deputy Attorney Roland Uresk placed a phone call to Mr. Andrew Morris legal council for Water Disposal Inc. to coordinate a time and date of the appeal hearing before the county commission. The date of October 3rd at 9:00 AM in the Duchesne County Commission Chambers was agreed upon.

Georg Adams, Fire and Emergency Management stopped in to discuss lifting the fire restrictions for Duchesne County. He stated that burn permits will still be needed until the end of October.
Motion: Commissioner Peatross made a motion to lift the fire moratorium within Duchesne County. Commissioner Stradinger second. Motion carried. Roll Call Vote: All Commissioners Voting Aye.

Discussion Regarding the Proposed Cedarview - Montwell Special Service Water District
Commissioner Ross stated he has some concerns regarding the proposed boundaries between the city and the districts.
Mrs. Taylor stated that they have met with the water districts on the east side of the county and Roosevelt City. They are surprised that there is any confusion.
Mr. Prescott stated that there are several families in his area that have well water. They wish to opt out of the district.
Commissioner Ross stated that they would need to supply the district with their names and the legal descriptions of their property.
Commissioner Peatross commented that they should not allow property owners to include a residence and opt out the rest of their property.
Mrs. Taylor stated that DCWCD is working toward combining all the districts on the east side of the county into one water district.
The commission suggested that Mrs. Taylor and Mr. Barneck schedule one more public meeting to take information from those wishing to opt out of the district. Attorney Uresk stated he will need the information before the resolution can be adopted.   

Atlonah Townsite Discussion
Commissioner Ross reviewed the letter sent by the attorney's office in June.  (see attachment)  He stated that Mr. Lyons and Mr. Ralphs were in last week during work meeting requesting clarification of the letter.  At that time they stated that because Mr. Jensen removed his property line fence and fenced the right-of-way completely off.  They could not move their cattle through the right-of-way.  Mr. Jensen stated that the letter did not require a fence to be there.

Commissioner Ross stated that the county still retains the rights-of-way in the Altonah Townsite but is allowing the landowners to use the easements for grazing purposes.  Mr. Jensen stated that because of the way the canal angels through the right-of-way the trail the cattle use goes onto his property for about fifty feet.  Attorney Uresk stated that it is a public easement and the cattle can be moved through there but they must stay off the private property.  Mr. Jensen stated that if the commission wants a gate installed across the right-of-way he will do so.  The commission stated that they stand by the letter which states that the public has a right to use the right-of-way. It is the responsibility of the public to not trespass on private property.

...............Mr. Lyons and Mr. Ralphs arrived at commission meeting
after this discussion...............

Mr. Lyons and Mr. Ralphs stated that the fence line in question had been there for over fifty years. Cattle have been trailed through the easement several times a year for most of that time.  Commissioner Ross stated he will meet with Mr. Jensen to discuss a possible resolution to the situation.

Decision to Vacate Certain Class D Roads in the Sandwash Area:
Attorney Uresk stated that he has not received the information from Flying J regarding which roads they have easements to.  The commission will give the oil company ten more days to gather the information.

Other Business
Mr. J. D.Brisk stopped in to discuss the old roads that run through Big Sandwash Subdivision.  Mr. Brisk is the developer of the subdivision.  He plans an upscale gated development with access to the lake for the property owners only.

Commissioner Ross stated that the commission is currently reviewing the old roads in that area.   The county has an interest in keeping public access to the lake on the east side.   Attorney Uresk stated that when any road is used by the public for ten years it becomes a public road.  If the road is determined to be a public access the subdivision plats will need to be changed

Auditor's Office - Tax Adjustments - Vouchers
Approval of August 25, 2003 Commission Minutes
The minutes of August 25th were reviewed and corrections made. 
Motion: Commissioner Stradinger made a motion to approve the minutes as corrected.  Commissioner Peatross second. Motion carried.  Roll Call Vote: All Commissioners Voting Aye.

Vouchers:   Deputy Clerk/Auditor presented vouchers #84796 to #84912 totaling $200,794.37 for approval.  Motion: Commissioner Peatross made a motion to approve the vouchers.  Commissioner Stradinger second.  Motion carried.  Roll Call Vote: All Commissioners Voting Aye.

Tax Adjustment - Treasurer

Account	Yr	+Debit -Credit	Comment
M-062-01-06	03	-$572.32	Credit on escaped building
75516M	03	-$130.31	Wrong MSRP

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

Time Sheets:  Deputy Clerk/Audtior Leann Stewart presented department head time sheets for review.

Adjournment:  3:10 PM

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