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
APRIL 19, 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 and Andrea Arnold taking minutes.

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

Road Items
Mr. Douglas Nielsen presented plans for the Lakefork Bridge project and the corrected agreement for engineering services with Horrocks Engineers for the Bridgeland Bridge Replacement, Lakefork Bridge, Bluebell Connector Road and the Arcadia Road. Commission Peatross motioned to accept the corrected agreement. Commissioner Stradinger seconded the motion. All commissioners voted aye and the motion passed.

After reviewing the Lakefork Bridge plan, Commissioner Stradinger motioned to approve it. Commissioner Peatross seconded the motion. All commissioners voted aye and the motion passed.

Mr. Nielsen stated that the cost of the construction engineering plans for the Lakefork Bridge would be fifty-four thousand, nine hundred dollars and no cents ($54,900.00). He stated this figure includes the costs for engineering services during construction of the bridge. Commissioner Peatross motioned to approve the amount. Commissioner Stradinger seconded the motion. All commissioners voted aye and the motion passed. The commission signed a letter concurring with this agreement and copies were sent to UDOT and Horrocks Engineers.

Mr. Nielsen stated the road crew has finished the realignment of the Red Creek Road and the state has marked where the pipe will be located. He stated the road crew is currently graveling roads in Mt. Emmons and Altamont. Commissioner Ross asked where in the Mt. Emmons Townsite the road crew would be chipping and oiling the roads. Mr. Nielsen stated they would go east through the townsite and then go south and come back west. Commissioner Ross stated he has received a request from a resident to continue paving farther east of the townsite. Mr. Nielsen stated he would check into it.

…Deputy Clerk/Auditor Judy Mutton joined the meeting…

Resolution 04-08 Adopting the 2004 Surplus Sale Rules
Deputy Judy Mutton presented Resolution 04-08 adopting rules governing the sale of the surplus sale to be held on May 1, 2004.

RESOLUTION #04-08

A RESOLUTION ADOPTING THE RULES GOVERNING THE DUCHESNE COUNTY SURPLUS PROPERTY SALE SET FOR MAY 1, 2004.

WHEREAS, Duchesne County has scheduled a public auction of property it has declared as surplus; and
WHEREAS, Duchesne County has come to an agreement with Peatross Auction to handle the County’s surplus property sale, and
WHEREAS, Peatross Auction has terms and conditions for their auctions in place, and
WHEREAS, Duchesne County deems it appropriate to have rules for the public auction to insure an efficient and orderly procedure,
BE IT HEREBY RESOLVED by the Board of County Commission of Duchesne County that the rules set forth as shown below be adopted as the official rules governing the Duchesne County Public Auction of Surplus Property to be conducted May 1, 2004,
BE IT FURTHER RESOLVED that said rules is posted for the benefit of the general public.

PUBLIC NOTICE
2004 SURPLUS PROPERTY SALE
DUCHESNE COUNTY

Notice is hereby given that on the 1st day of May 2004 at 10:00 AM at the Mickelson Building, 390 S Center Street, Duchesne City, Duchesne County, Utah, Duchesne County will offer for sale at public auction and sell to the highest bidder surplus property and/or vehicles. A bid for less than the minimum bid will not be accepted.

TERMS AND CONDITIONS OF THIS AUCTION

1.     TERMS: These terms and conditions are absolute and cannot be altered or changed in any way. If you cannot follow these terms 100%, you are welcomed to stay as a spectator, but kindly do not bid. If you do not understand any of these conditions, please ask the auctioneer BEFORE bidding. Once you have been evidenced to be the winning bidder you have affected a legally binding contract, which cannot be altered or voided. Be certain you want an item at the bid amount before bidding. No transfer recognized from bidder to bidder.
2.     NO GUARANTEE: Everything is sold “AS IS, WHERE IS” without guarantees of any kind, including counts. Use the inspection period to inspect all items in which you have an interest. We encourage you NOT to bid unless you have inspected those items and/or lots and counts. Any guarantee must be in writing, without exception.
3.     WARRANTY: Other than delivery of title and/or bill of sale, neither auctioneers nor owners make any representation of warranty as to the quality of title to the property being sold. Neither auctioneers nor owners make any presentation of warranty, EXPRESSED OR IMPLIED, on the property as to its merchantability or its fitness for general or particular purpose. All property is sold “AS IS” and is without recourse.
4.     PAYMENT: All items must be paid for before you leave the auction premises TODAY, regardless of when you will be picking them up. No items may be removed before full payment. Any item(s) left unpaid for will be subjected to a storage fee of $5.00 per item/per day plus any transportation, moving and additional commercial storage cost, plus collection and attorney fees until paid for.
5.     PAYMENT TERMS: Payment must be made by cash or pre-approved check. If you are unknown to the auction company, you may be required to pay cash or certified check only. You may also be required to have a bank letter or bond. Consult with the cashier (before bidding) to be certain of payment arrangements. Auctioneer’s decisions are final. No transfer of items will be recognized between buyers.
6.     INCREMENTS & LOTS: Auctioneers reserve the right to set bidding increments and lot and re-lot item prior to the fall of the gavel regardless of type of auction being conducted. Fractional increment advances may not be recognized as bids. Any listed or announced order of sale may be changed WITHOUT NOTICE by the auctioneer. Auctioneer may bid on behalf of absentee bidders.
7.     DELETIONS & ADDITIONS: Any deletion and/or additions to the auction will be announced. The owners reserve the right to add and withdraw lots prior to bidding, without notice.
8.     DESCRIPTIONS: While descriptions and counts are believed to be accurate, the auctioneer and seller make no warranties or guarantees, expressed or implied, as to the genuineness, authenticity of or defect in any item(s) being auctioned and will not be held responsible for any advertising discrepancies or inaccuracies, or changes since the advertising placement date. Buyers need to rely solely upon their own inspection and information.
9.     HOLD HARMLESS: The buyers hereby indemnify and hold harmless the auctioneer and seller from any and all damages, claims or liabilities from any injuries to persons or property of any type whatsoever caused during the sale or during the removal of the items purchased. Buyers remove purchases at their own risk. Buyers should arrange for professional de-installation of wired, plumbed or built-in items. Many pieces of equipment have potential hazards and should be de-installed and moved by professionals with proper equipment.
10.     RESPONSIBILITY & TITLE: Buyers are responsible for their items after purchase. This means that titles passed to you on the fall of the gavel, even though you may have not yet paid for the item. You are responsible for guarding your items accordingly. The bidder assumes full risk and responsibility and agrees to pay the full purchase price. The auctioneer is agent for and under contract with the owners of the property or goods being sold. Certain items (consignments) may have been added from other sellers.
11.     ADJUSTMENTS: Absolutely no adjustments, claims or refunds will be allowed after the auctioneer’s report or final settlement is made with the owner. ANY CLAIMS MUST BE MADE WHILE STILL ON THE AUCTION PREMISES. Any claim must be made in writing within 24 hours of bidder settlement and while goods are still on auction premises. In no event will auctioneers liability to buyer ever exceed the purchase price actually paid.
12.     REMOVAL: Arrangements for the removal (or shipment) of purchased items is the sole responsibility of the buyer pursuant to and as part of the contract of sale. Auctioneer reserves the right to inspect and check out purchases to ensure removal of proper items and lots. Auctioneers reserve the right to restrict admittance after the auction and control removal doors to maintain proper removal security. Bidders caught willfully removing wrong items, or switching tags, will be subject to arrest for theft. There are specific removal items for this auction under which all items must be removed. No claim can be made for failure of bidder to remove items after the removal period has ended. The removal item is an important condition of this auction. Auctioneers do not guarantee use of loading docks, operation of elevators or moving equipment to facilitate easier buyer removal. Buyers should bring their own moving equipment and labor. Any item not removed from the safe within the specified time may be removed and stored by the auctioneer at purchaser’s expense, and auctioneer will not be responsible for loss or damage to those items.
13.     TAX: Applicable sales tax must be added to the purchase price of all taxable auction purchases. Dealers who purchase for resale must file their resale certificate with the auction cashier. No refunds of sales tax can be made after settlement.
14.     ANNOUNCEMENTS: Any announcement on the day of the auction shall take precedence over any previously distributed information or advertising. Listen to opening announcements, as they are important. Auctioneer may announce additional information or terms during the course of the auction, especially as it relates to certain specific items and removal times.

Dated this 19th day of April 2004.

Deputy Mutton stated the rules had not changed since last year. Commissioner Stradinger motioned to approve the rules. Commissioner Peatross seconded the motion. All commissioners voted aye and the motion passed.

Tax Adjustments – Assessor’s Office
Andrea Arnold presented the following tax adjustment:

Account #/ Serial #	YR	+Debit -Credit	Comments
00-008-0162/ 3111-0002	2003	-$198.05	Put on as Primary Residence.

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

Vouchers
Andrea Arnold presented vouchers #87678 through #87745 in the amount of one hundred ninety thousand, nine hundred fifty-three dollars and ninety-three cents ($190,953.93). Commissioner Peatross motioned to approve payment of the vouchers. Commissioner Stradinger seconded the motion. All commissioners voted aye and the motion passed.

Minutes of Meeting Held April 12, 2004
Commissioner Peatross motioned to approve the minutes as corrected. Commissioner Stradinger seconded the motion. All commissioners voted aye and the motion passed.

…Ted Kappen and Mr. Jenkins joined the meeting…

2:00 p.m. Permanent Community Impact Board (PCIB) Public Hearing – Bluebell Park
Commissioner Ross stated the process for the PCIB was to present the project to the Duchesne County Municipal Building Authority (MBA). He stated Mr. Ted Kappen was present to speak on behalf of the Bluebell Park. Mr. Kappen stated the community of Bluebell would like to purchase playground equipment for their park. The have received a quote from GameTyme in the amount of fifty-three thousand, three hundred forty-six dollars ($53,346) for the equipment plus five thousand, fifty-four dollars and eighty-six cents ($5,054.86) for shipping costs. The company will give a discount of thirteen thousand, three hundred eighty-three dollars and seventy-five cents ($13,383.78) for a total cost of forty-five thousand, seventeen dollars and eight cents ($45,017.11). He stated there would be an increase in the price of steel in May so that figure will also increase. Commissioner Ross stated he should ask for fifty thousand dollars ($50,000) on the PCIB application and then fifteen thousand dollars ($15,000) in-kind would be the community’s match. Mr. Kappen stated the community planned to rely on contributions for the match. Commissioner Ross stated they could submit their application at any time to the Uintah Basin Association of Governments (UBAOG). Commissioner Peatross motioned to support the Bluebell Park Project. Commissioner Stradinger seconded the motion. All commissioners voted aye and the motion passed.

…Emergency Management Supervisor Georg Adams and George Bennett joined the meeting…

3:00 p.m. Opening of the Neola Fire Station Bids
Mr. Georg Adams presented the following bid information:

Bid Tabulation for Neola Fire Station:

Base Bid #1: For the site improvements and general construction of a 3424sf pre-engineered metal building in Neola, as described in the plans and project manual, building provided by owner, lowest bid price shown on 4.

Base Bid #2: For the site improvements and general construction of a 3424sf IMSI masonry building in Neola, as described in the plans and project manual, all materials provided by the contractor.

Deduct Item#1: Deduct cost for owner to provide all site clearing, grubbing, sub grade import and placement per compaction specification in project manual.

	1	2	3	4	1&4	1&4-3	2-3
Contractor	Base Bid #1	Base Bid #2	Deduct Item #1	Mtl Bldg Cost	Total #1	Total #2	Total #3
Brett Woods	147,860	186,320	4,000	31,087	178,947	174,947	182,320
C & T Const	160,776	226,750	15,550	31,087	191,863	176,313	211,200
Angus	175,753	237,545	8,000	31,087	206,840	198,840	229,545

Mr. Adams stated the price of an IMSI building is more but it is a more energy efficient building so it would be more cost effective in the future. Commissioner Stradinger asked if any of the bids were from local vendors. Mr. Bennett stated Angus and Brett Woods are from Vernal and C&T is from Roosevelt. Commissioner Ross stated the project has become more costly than anticipated. Mr. Adams stated the county has received sixty thousand dollars ($62,000) from CIB and has budgeted a match of sixty thousand dollars ($60,000). Commissioner Ross asked where they were going to find the remaining amount. Mr. Adams stated there are some funds left from the federal grant he received to build new fire stations a few years ago. Mr. Bennett asked which building system the commission would like to use. Commissioner Ross stated he favored the masonry. Commissioner Stradinger agreed. Commissioner Peatross motioned to accept the masonry building design by Brett Woods contingent upon the CIB decision. Commissioner Stradinger seconded the motion. All commissioners voted aye and the motion passed.

Adjournment
The commission adjourned the meeting at 3:30 p.m.

 

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