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
FEBRUARY 2, 2004 BEGINNING AT 1:00 P.M.
IN THE COMMISSION BOARD ROOM
IN DUCHESNE, UTAH

Present:  Commission Chairman Larry S. Ross, Commissioner Lorna Stradinger, Commissioner Kent Peatross, Road Supervisor, Doug Nielsen, Uintah Basin Standard Reporter Phil Johnson and Andrea Arnold taking minutes.

Prayer: Commissioner Ross
Pledge of Allegiance:  All wishing to participate.

Road Items
Mr. Doug Nielsen presented the following pay requests from Horrocks Engineers:

Request #	Amount	Project
10	$10,492.94	BRO-LC13(5) Lake Fork River Bridge
11	$15,254.14	BRO-LC13(5) Lake Fork River Bridge
14	$4,380.87	BRO-LC13(4) Bridgeland Bridge
15	$10,792.65	BRO-LC13(4) Bridgeland Bridge

Commissioner Peatross motioned to approve pay requests number fourteen (14) and fifteen (15) for the Lake Fork River Bridge project number BRO-LC13(5).  Commissioner Stradinger seconded the motion.  All commissioners voted aye and the motion passed.

Commissioner Stradinger motioned to approve pay requests number ten (10) and eleven (11) for the Bridgeland Bridge project number BRO-LC13(4).  Commissioner Peatross seconded the motion.  All commissioners voted aye and the motion passed.

Mr. Nielsen presented a request to modify a contract with Horrocks Engineers for the Lake Fork River Bridge project.  They are asking to extend the contract completion date from December 15, 2003 to February 9, 2004 with no additional charges.  Commissioner Peatross motioned to approve contract modification number one (1) extending the completion date.  Commissioner Stradinger seconded the motion.  All commissioners voted aye and the motion passed.

...KNEU Reporter Jean Liddell and Deputy County Attorney
Roland Uresk joined the meeting...

Ordinance 04-216 Reorganizing Library Services
Commissioner Ross read the following ordinance (original is on file at the County Clerk's Office):

Ordinance 04-216
AN ORDINANCE REORGANIZING LIBRARY SERVICES WITHIN DUCHESNE COUNTY AND THE METHOD IN WHICH SAID SERVICES SHALL BE ADMINISTERED.

WHEREAS Duchesne County operates a library system within Duchesne County; and,

WHEREAS the Utah State Legislature has passed laws addressing certain aspects of county library systems; and,

WHEREAS the current library system in Duchesne County needs to be reorganized in the manner in which services are administered to reflect the changes adopted by the Utah State Legislature; and,

WHEREAS this reorganization should be codified in the Duchesne County Code as Title 2 Chapter 2.30,

BE IT HEREBY ORDAINED by the Board of Duchesne County Commissioners:

1.   This ordinance shall be adopted as Title 2, Chapter 2.3 and shall be known as the "Library System" and shall read as follows:

CHAPTER 2.30
LIBRARY SYSTEM

SECTIONS
2.30.010 DUCHESNE COUNTY LIBRARY SYSTEM
2.30.020 BOARD OF DIRECTORS
2.30.030 OFFICERS AND DUTIES
2.30.040 MEETINGS
2.30.050 COMMITTEES
2.30.060 DELEGATED POWERS AND DUTIES OF THE LIBRARY BOARD
2.30.070 BASIC DUTIES AND RESPONSIBILITIES LIBRARY DIRECTOR
2.30.080 LIBRARY FUNDS - DONATIONS OF PROPERTY OR PROPERTY

2.30.010 DUCHESNE COUNTY LIBRARY SYSTEM
Duchesne County has established and maintains a public library and ancillary sites for public library purposes.  For more efficient management and in keeping with state legislative mandates as set forth in Title 9 Chapter 7 of the Utah Code Annotated, Duchesne County adopts and codifies the following provisions

2.30.020     BOARD OF DIRECTORS

2.30.021. The Duchesne County Library System shall be governed by a Board of Directors, which shall consist of not less than five (5) and not more than nine (9) directors chosen from the citizens of the county, and based on their fitness for office.

2.30.022. All directors shall be appointed by the county commission and appointments shall be made before the first day of January each year.

2.30.023. Only one member of the County Commission may be, at any one time, a member of the library board of directors.  This appointment shall be made by the County Commission annually.

2.30.024. Directors, except the director who is a county commissioner, shall be appointed to serve for four-year terms, or until their successors are appointed and shall not serve more than two consecutive full terms.

2.30.025. Terms of directors, except the director who is a county commissioner, shall be staggered so that approximately one-quarter of the board is appointed each year.

2.30.026. Any appointed board member may resign from such position by providing written notification of such resignation to the Chairman of the Board.  The Chairman shall thereupon notify the County Commission of such resignation.

2.30.027. Vacancies created by resignation, death, removal or otherwise shall be filled for the duration of the unexpired term in the same manner as the original appointment.

2.30.030 OFFICERS AND DUTIES

2.30.031. Officers of the Board shall as follows, a Chairman, Vice-chairman, and Secretary.   Officers shall be elected by the Board at its January meeting.  Their term of office shall be for one year, commencing with their election.  The Board shall establish by-laws that specify Board officers duties.  The Board shall also establish a schedule for a systematic review of the Board by-laws and policies.

2.30.032. The Chairman shall preside at all board meetings, authorize calls for any special meetings and generally perform the duties of a presiding officer.  The Chairman shall sign or countersign all official Board documents and where appropriate recommend approval by the County Commission.

2.30.033. The Vice-chair shall preside in the Chair's absence and perform such other duties as requested by the Chair.

2.30.034. The Secretary shall take minutes and maintain official records of Board actions.

2.30.040 MEETINGS

2.30.041. The Board shall have no less than four (4) regular meetings during a calendar year with a quorum present, and shall have a least one meeting held on the last quarter of each year.

2.30.042. A quorum shall be that number of directors that represents 51% or more of the total number of board members appointed at that time.

2.30.043. Meetings shall comply with all requirements of state law including, but not limited to, the Utah Open and Public Meetings Act.  Special meetings may be called at any time by the Chairman, providing notice thereof is given to the public and all directors at least twenty-four (24) hours in advance.

2.30.044. If the county commission member is unable to attend any Board meeting he/she may designate an alternate Commissioner to act in his/her place.  The alternate's presence shall count as a board member for the purpose of constituting a quorum for voting.

3.30.045. Records of all board meetings shall be kept, managed, classified, and disclosed as required by county ordinance and state law, including, but not limited to, the Government Records Access and Management Act.

2.30.050 COMMITTEES

2.30.051. The chairman may appoint Ad hoc committees for the study and /or investigation of library issues or other library matters.   The Ad hoc committee shall be in existence until the completion of the work for which they were established.

2.30.052. The Library Board shall establish any committee it deems necessary for the operation of the library system within Duchesne County.

2.30.060 DELEGATED POWERS AND DUTIES OF THE LIBRARY BOARD

2.30.061. The Board is hereby granted authority and responsibility to:
A.    Establish policies for the operation, maintenance, and care of the library.
B.    Make recommendations on the purchasing, leasing, exchanging, and/or selling of property or buildings.
C.    Establish policies for acquiring , maintaining, and accessing library collections, information resources, and electronic resources.
D.    Establish policies to exclude from the use of the library any person who willfully violates library policies, federal laws, state laws, or county ordinances.
E.    Recommend to the county commission a competent person to act as Library Director to have immediate charge of the county library system with those duties specified in a job description approved by the Board and County Commission.
F.    Establish and revise library policies in cooperation with the Library Director, subject to consistency with state and federal law and county ordinance and policies.  These policies shall be reviewed by the county attorney's office as requested by the County Commission.
G.    Work cooperatively with the County Commission and others in the community to provide quality library services to the residents of Duchesne County and Western Uintah County.
H.    Encourage citizen involvement in the development of long range plans for library services and facilities.
I.    Hear and resolve relevant library issues brought before the Board.
J.    Make an annual report to the County Commission on the condition and operation of the library, including a financial statement.  This report shall be submitted to the County Commission in January of each year.
K.    Submit an annual report to the Utah State Library Board.
L.    Recommend to the County Commission the removal of a board member for misconduct or neglect of duty.
M.    Recommend to the County Commission, prior to the county budget process, and estimate of the amount of monies necessary to operate, supply, establish, equip, and maintain the library, and to effectively provide library services to patrons in the next calendar year.

2.30.070 BASIC DUTIES AND RESPONSIBILITIES LIBRARY DIRECTOR

2.30.071. The Library Director shall:
A.    Serve as the Executive Officer for the Board.
B.    Be responsible for the administration of the county library system under the policies adopted by the Board and applicable policies of Duchesne County.
C.    Recommend such policies and procedures to the Board that will improve services to library patrons and promote the efficiency of the library, without sacrificing the quality of service to library patrons.
D.    Be accountable to the County Commission on complying with library policy, applicable county policy, county ordinance, and state and federal laws.
E.    Be responsible for the protection, maintenance, and operation of county library property and equipment.
F.    Regularly submit reports to the Board on the progress, activities, and finances of the library.
G.    Ensure the appropriate collection, receipting and reporting of non-tax library fees / fines income collection and the appropriate expenditure and reporting of budgeted resources of all county library funds.
H.    Perform other duties as established in the Director's official job description.

2.30.080 LIBRARY FUNDS -----DONATIONS OF PROPERTY OR PROPERTY

2.30.081. The Duchesne County Treasurer shall have legal custody of all library funds.

2.30.082. All tax money received for the library shall be deposited in the county treasury to the credit of the library fund, and may not be used for any purpose except that of the county library.

2.30.083. All moneys collected by the library shall be deposited to the credit of the library.

2.30.084. A person desiring to make a donation of money, personal property, or real estate for the benefit of the library has the right to vest the title to the county personal property or real estate for the benefit and purposes of the library.

2.30.85.   The county shall hold donated personal property and real estate as prescribed by county ordinance according to the terms of the deed, gift, devise, or bequest of the property, and the county shall be the trustee of the property.

Commissioner Stradinger motioned to approver Ordinance 04-216 Reorganizing Library Services.   Commissioner Peatross seconded the motion.  All commissioners voted aye and the motion passed.

Interlocal Agreement for Tri County Health
Deputy Attorney Roland Uresk stated he has been unable to resolve issues with the agreement brought forth by Daggett County Attorney Dennis Judd.  Uintah County has passed the agreement but Attorney Uresk recommends cleaning up a few issues before the commission agrees.  He stated some of the issues of concern is the agreement does not address funding or the make-up of the board.  Commissioner Stradinger stated she would like Attorney Uresk to address the language concerning the power to issue bonds.  Commissioner Ross suggested Attorney Uresk to hold a telephone conference with Daggett County Attorney and Uintah County Attorney to complete the changes and then bring the final agreement back to the commission for approval.

Approval of Revitalization Funds - Fairground Property Purchase
Commissioner Peatross stated the county would not be able to purchase additional property for the fairground using revitalization funds.  He stated Mr. Keith Burnette did not conduct a meeting to approve revitalization funding in a timely manner and the project did not get approved.  The county will now use revitalization funds to complete the EOC building, which is an approved project, and use the general fund to purchase the additional fairground property.

...Michael Barneck of Cedarview/Montwell Special Service District
joined the meeting...

Cedarview/Montwell Special Service District Resolution No. 04-03
Mr. Michael Barneck stated that the resolution to establish the Cedarview/Montwell Special Service District is complete and is as follows:

RESOLUTION #04-03
A RESOLUTION CREATING A
SPECIAL SERVICE DISTRICT TO BE KNOWN
AS THE CEDARVIEW-MONTWELL
SPECIAL SERVICE DISTRICT AND
DEFINING THE BOUNDARIES OF SAID
SPECIAL SERVICE DISTRICT AND
THE SERVICES TO BE PROVIDED THEREIN.

WHEREAS the Board of County Commissioners of Duchesne County, Utah on July 14th, 2003 passed a Resolution declaring that the public health, convenience, and necessity require the establishment of a special service district pursuant to the provisions of the Utah Special Service District Act, Chapter 2, Part 13 of Title 17a, Utah Code Annotated (1953), as amended, and Article XIV, Section 8 of the Constitution of Utah, for the specific purposes of providing recreational services; and

WHEREAS all property included within the boundary of this proposed special service district will be benefitted by the creation thereof; and

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

WHEREAS notice of a public hearing was given and a public hearing was held on August 18th, 2003.

NOW THEREFORE be it resolved by the Board of County Commissioners of Duchesne County, Utah as follows:

Section 1.    The Cedarview-Montwell Special Service District is hereby created within Duchesne County, Utah, pursuant to the provisions of the Utah Special Service District Act, Chapter 2, Part 13, Title 17A, Utah Code Annotated, 1953, as amended, and Article XIV, Section 8 of the Constitution of Utah. Section 2: The boundaries of this special service district are as follows;

Township 1 North Range 2 West, USM
Section 24:     All.
Section 25:     All.
Section 36:     All.

Township 1 North, Range 1 West USM
Section 19:     All.
Section 20:     All.
Section 21:     All.
Section 27:     SW1/4SW1/4.
Section 28:     All.
Section 29:     All.
Section 30:     All.
Section 31:     W1/2SE1/4; NW1/4; SW1/4.
Section 32:     NW1/4; NW1/4NE1/4.
Section 33:     NE1/4; NE1/4SE1/4.

Township 1 South, Range 2 West, USM
Section   1:     NE1/4; N1/2NW1/4; SE1/4NW1/4.
Section   2:     NE1/4; NW1/4;SW1/4.
Section   3:     All.
Section   4:     All.
Section   5:     All.
Section   8:     All.
Section   9:     All.
Section 10:     All.
Section 11:     All.
Section 12:     All.
Section 13:     All.
Section 14:     All.
Section 15:     All.
Section 16:     All.
Section 17:     All.
Section 20:     All.
Section 21:     All.
Section 22:     All.
Section 23:     All.
Section 24:     All.
Section 25:     All.
Section 26:     All.
Section 27:     All.
Section 28:     All.
Section 29:     All.
Section 32:     All.
Section 33:     All.
Section 34:     All.
Section 35:     All.
Section 36:     All.

Township 1 South, Range 1 West USM
Section   5:     N1/2; SW1/4.
Section   7:     W1/2.
Section   8:     E1/2.
Section 16:     N1/2; N1/2S1/2.
Section 17:     E1/2; E1/2W1/2.
Section 18:     W1/2; W1/2E1/2.
Section 19:     W1/2; W1/2E1/2.
Section 20:     E1/2; E1/2W1/2.
Section 21:     All.
Section 22:     That portion in Duchesne County.
Section 27:     That portion in Duchesne County.
Section 28:     All.
Section 29:     E1/2; E1/2W1/2.
Section 31:     W1/2; W1/2E1/2.
Section 32:     E1/2; E1/2W1/2.
Section 33:     All.
Section 34:     That portion in Duchesne County, except  S1/2S1/2.

Township 2 South, Range 2 West, USM
Section   1:     All.
Section   2:     All.
Section   3:     All.
Section   4:     All.
Section   5:     All.
Section   8:     All.
Section   9:     All.
Section 10:     All.
Section 11:     N1/2.
Section 12:     NW1/4.
Section 15:     All
Section 16:     All.
Section 17:     All.
Section 20:     All.
Section 21:     All.
Section 22:     All.
Section 27:     N1/2.
Section 28:     N1/2.
Section 29:     N1/2.

Township 2 South, Range 1 West, USM
Section 6:     All.

Section 3:    The district is to be created for the purpose of providing within the area of the service district any of the following services or combination of them: Culinary water services, together with all services and functions ancillary thereto and/or necessary and proper to carry out and provide the named services; including construction of additional facilities, purchase of additional properties and equipment, receiving gifts, condemnation of facilities, properties, or systems necessary to provide said services, and to finance the same, and such other powers, duties, and services as are or in the future may be allowed by law.
Section 4:    The district so created shall be known as "Cedarview-Montwell Special Services District."
Section 5:    The district shall be governed by a board of directors consisting of seven members to be elected as provided to law. Board members shall serve for terms of four (4) years.  The initial board of directors shall be appointed for partial terms so as to avoid all directors being elected every four years.  The initial Board of Directors and their respective initial term of office shall be as follows:
Michael Barneck (two years)
Gordon Bastian (two years)
A.D. Shaw (two years)
Monday Taylor (four years)
Gerald Dye (four years)
Gary Dye (four years)
Val Larson (four years)
These board members shall serve their initial term until they or their successor is duly elected for a full four (4) year term.
Section 6:    If any one or more sections, sentences, clauses, or parts of this resolution shall for any reason be questioned or held invalid, such judgment shall not affect, impair, or invalidate the remaining provisions of this resolution, but shall be confined in its operation to the special sections, sentences, clauses or parts of this resolution so held unconstitutional and invalid and the inapplicability and invalidity of any section, sentences, clauses, or part of this revolution in any or more instances, shall not affect or prejudice in any way the applicability and validity of this revolution in any other instances.
Section 7:    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 repealer shall not be construed to revive any resolution, bylaw, or regulation or part thereof, heretofore repealed.

Commissioner Ross stated Mr. Barneck would need to discuss creating a tax base for the district with the County Clerk/Auditor Diane Freston.  He asked what the district planned to do next.  Mr. Barneck stated they would begin studying water resources for the district.  Commissioner Peatross asked if there were a number of families participating in the district.  Mr. Barneck stated there were approximately one thousand (1000) families participating.

Commissioner Peatross motioned to approve Resolution No. 04-03 Establishing the Cedarview/Montwell Special Service District.   Commissioner Stradinger seconded the motion.  All commissioners voted aye and the motion passed.

Consideration of Morning Agenda Items
Commissioner Ross stated the county would be noticing Uintah County and the Ute Tribe Business Committee of the agenda items scheduled for the February 10, 2004 meeting.   He stated the county will be conducting interviews for a new County Attorney next Monday and will appoint the attorney immediately following.

Tax Adjustments - Assessor
Andrea Arnold presented the following tax adjustments:

Acct#/Serial #	Yr	+Debit/-Credit	Comments
3704-0001/00-009-1193	03	+$25.50	Charged for a home site value twice.
3704-0001/00-009-1193	02	+$26.10	Charged for a home site value twice.

Commissioner Peatross motioned to approve the tax adjustments. Commissioner Stradinger seconded the motion. All commissioners voted aye and the motion passed.

Vouchers
Andrea Arnold presented vouchers #86803 through #86884 in the amount of one hundred thirty-five thousand, one hundred sixty-eight dollars and sixty cents ($135,168.60).  Commissioner Stradinger motioned to approve the vouchers.  Commissioner Peatross seconded the motion.  All commissioners voted aye and the motion passed.

...Deputy Clerk/Auditor Leann Stewart joined the meeting...

Department Head Timesheets
Leann Stewart presented department head timesheets for approval. All were approved.

Minutes of Meeting Held January 26, 2004
Commissioner Peatross motioned to approve the minutes as corrected.  Commissioner Stradinger seconded the motion.  All commissioners voted aye and the motion passed.

Adjournment
The commission adjourned the meeting at 2:05 p.m.
 

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