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
MARCH 23, 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, Clerk-Auditor Diane Freston, Karen Allen and Family, Deputy Attorney Stephen Foote, Debbie Foote, Elaine Despaine, Allan Smith, Curtis Dastrup, Bob West, Dennis Douthit, Susan Hamilton, Keith Jensen, Kelly Foster, KNEU Reporter Jean Liddell, Uintah Basin Standard Reporter Phil Johnson and Andrea Arnold taking minutes.

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

Appointment of County Attorney
Commissioner Ross stated Karen Allen has accepted the appointment to finish the un-expired term of County Attorney. Clerk/Auditor Freston was present to swear Ms. Allen into office. Commissioner Ross asked if Ms. Allen had any comments. Ms. Allen stated she was excited to serve as the County Attorney. Commissioner Peatross stated he was excited to work with Ms. Allen. Commissioner Ross stated he would be looking forward to working closely with Ms. Allen on the many issues the county deals with.

Renewal of Right-Of-Way Agreement – Devon Energy Corporation
Clerk/Auditor Freston presented a renewal agreement from Devon Energy Corporation for a right-of-way easement in Township 2 South, Range 1 West, USM. She stated Road Supervisor Douglas Nielsen researched the easement and found it to be located in the Cedarview area. The agreement is renewable every ten (10) years and the original agreement was accepted in 1974 for the amount of two hundred dollars and no cents ($200.00). Commissioner Peatross stated he felt a need for an increase in the agreement amount. Commissioner Ross agreed. Commissioner Peatross motioned to accept the renewal of right-of-way agreement with Devon Energy Corporation for an easement in Township 2 South, Range 1 West, USM and for the increased amount of two hundred fifty dollars and not cents ($250.00). Commissioner Stradinger seconded the motion. All commissioners voted aye and the motion passed.

County Clerk/Auditor 2003 Year End Report
Clerk/Auditor Freston stated that Duchesne County ended the year 2003 in good financial shape. The funds un-expended at the end of the year are as follows:

General Fund - $183,765.75
B Road Fund - $41,786.47
Library Fund - $394.37
Duchesne/Wasatch Blue Bench Landfill District - $42,700.28

In addition to the above funds, the Duchesne County Solid Waste Fund ended with $26,630.11 in net revenue of expenditures. Clerk/Auditor Freston also presented the commission with December 2003 and January 2004 monthly financial reports.

2004 Beer License Approval
Andrea Arnold presented an application for 2004 beer license from Pinn Willies. Commissioner Peatross stated the criminal investigation had been completed. Commissioner Stradinger motioned to approve the 2004 beer license for Pinn Willies. Commissioner Peatross seconded the motion. All commissioners voted aye and the motion passed.

...Planning and Zoning Director Teresa Nielsen and Emergency Management Supervisor Georg Adams joined the meeting...

Duchesne County Subdivision Ordinance, Title 16.28 Improvements
Teresa Nielsen stated the ordinance would require a public water source and/or system up to one hundred sixty (160) acre lots. Individual wells will be allowed on ten (10) acre lots or larger. Any lot under ten (10) acres will require a public water system. A public water system is defined as one, either publicly or privately owned, providing water for human consumption and other domestic uses to fifteen (15) or more service connections or twenty-five (25) or more people at least sixty (60) days out of the year. The developer will have to provide proof of water rights. If there is a well, there will need to be a letter submitted from the state stating the suitability and quantity of the water. The Division of Drinking Water will need to give plan approval for a public system and an operating permit once the system has been installed.

Mrs. Nielsen stated the ordinance addresses fire protection and states it shall be consistent with the 1991 fire code. The location of fire hydrants in subdivision shall be no farther than five hundred feet (500 ft). Mrs. Nielsen informed the commission that one member of the planning commission felt this distance was too close together. Commissioner Ross asked if Georg Adams gave the recommendation of five hundred feet (500 ft). Mr. Adams stated he had but that distance could be increased to one thousand feet (1000 ft). Commissioner Ross asked how long a fire hose was. Mr. Adams stated twelve hundred feet (1200 ft). Commissioner Peatross stated he felt that by the time water was pushed the distance of the hose there would not be enough water pressure to be effective. Mr. Adams stated he felt five hundred feet (500 ft) was a good distance. Mrs. Nielsen stated the policy allows fire protection to be waived if consent is given in writing by county authority. She stated the fire protection plan for the subdivision would need to be engineered.

Commissioner Ross asked if there were any comments. Mr. Allan asked what lot sized would need a fire protection system. Commissioner Ross stated lots of five (5) acres or larger. Mr. Adams stated the county has adopted the state fire code so everyone will need a fire protection system. Mrs. Nielsen stated lots larger than one hundred sixty (160) acres will need a potable water source. Curtis Dastrup asked what was meant by a subdivision. He asked if he divided his farm among his family if that would be considered a subdivision. Mrs. Nielsen stated there are exemptions from the subdivision ordinance for agriculture and are allowed a one-time split within twelve (12) month periods. Mr. Dastrup stated he feels the county is limiting his ability to sell his property and doesn’t believe the county should be involved. Mrs. Nielsen stated the purpose of the subdivision ordinance is to protect future property owners. Susan Hamilton stated she would like to be on record to protest the ordinance. She stated it is a serious infringement on private property owners. Keith Jensen stated the county would need to be careful with this type of ordinance. He stated the county should be more concerned with private property owner rights. Dennis Douthit stated he felt creating this ordinance was not in the best interest of the county. Bob West stated the county would need to be careful they are not mimicking property ordinances of more populous counties because the situation is different out here. Mr. Dastrup stated he understands it is frustrating to the county for people to move here knowing it is rural without roads and water in a lot of areas and then years later demand the county to provide it for them. Commissioner Stradinger stated it is frustrating but the commission is trying to look at roads and water as a good for the whole community. Commissioner Ross stated the county does not provide water systems but only give guidance to other districts. Phil Johnson asked if smaller subdivisions were exempt from fire protection. Mrs. Nielsen stated the fire protection applies to all developments. Ms. Hamilton asked if it were possible for her to create a subdivision with only self-contained recreational vehicles. Mrs. Nielsen stated that subdivision would need to follow the requirements of this ordinance. Mrs. Hamilton stated the county is taking away her right to create more recreational lots. Mr. West stated this ordinance would inhibit future development. Commissioner Ross stated the commission would accept any written proposals for the ordinance until March 22, 2004.

Ordinance No. 04-218 Designating the Boundaries of the East Justice Court

ORDINANCE 04-218

AN ORDINANCE RECOGNIZING THE BOUNDARIES OF THE JUSTICE COURT PRECINCTS IN DUCHESNE COUNTY

WHEREAS, Duchesne County has a Justice Court System; and,
WHEREAS, The county has been divided into two precincts for purposes of operating the Justice Court System; and,
WHEREAS, The Justice Court precincts were created and appears to be no documentation as such creation; and,
WHEREAS, through the years the practice has designated the precincts both for the purposes of the court and for the retention election proceedings; and,
WHEREAS, Those boundaries by tradition and practice are adequate for the precincts; and,
WHEREAS, It is to be advisable to reduce the description of the precincts to writing by ordinance form.
BE IT HEREBY ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS that:

1. The East Precinct of the Duchesne County Justice Court shall consist of the voting precincts of Neola, Roosevelt #1, Roosevelt #2, Roosevelt #3, Roosevelt #4, Roosevelt #5, Roosevelt #6, and Myton.

2. The West Precinct of the Duchesne County Justice Court shall consist of the voting precincts of Altamont, Mt. Home, Duchesne #1, Duchesne #2, Fruitland, and Tabiona.

3. Such designation recognizes the tradition and practice of those voting precincts being in those specific Justice Court Precincts.

Commissioner Peatross motioned to approve Ordinance 04-218 Establishing the Boundaries of the East Justice Court. Commissioner Stradinger seconded the motion. All commissioners voted aye and the motion passed.

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

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

...Personnel Director Carrie Mascaro joined the meeting...

Personnel
Carrie Mascaro presented a personnel request from the building official for an additional building inspector. The commission will discuss in the March 8 work session.

Minutes of Meeting Held February 9, 2004
Commissioner Stradinger stated the commission had motioned to advertise for a public defender in the February 9 minutes and had subsequently decided to offer the contract to local attorneys that were interested (see work session minutes of February 19). Commissioner Peatross motioned to approve the minutes without corrections. Commissioner Stradinger seconded. All commissioners voted aye and the motion passed.

Vouchers
Andrea Arnold presented vouchers #87001 through #87006 in the amount of forty-three thousand, two hundred eighty-four dollars and six cents ($43,284.06); pre-draw #87007 in the amount of ninety-five thousand, three hundred thirty-one dollars and no cents ($95,331.00); and vouchers #87008 through #87135 in the amount of two hundred ninety-six thousand, eighty dollars and ninety-four cents ($296,080.94). Commissioner Stradinger motioned to approve payment of the vouchers. Commissioner Peatross seconded the motion. All commissioners voted aye and the motion passed.

Adjournment
The commission adjourned the meeting at 3:45 p.m.
 

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