MINUTES FOR REGULAR COMMISSION MEETING HELD DECEMBER 14, 2009 BEGINNING AT 1:00 P.M. IN THE COMMISSION BOARD ROOM IN DUCHESNE, UTAH

Present

Commissioner Kirk J. Wood, Commissioner Ronald Winterton, Deputy County Attorney Jonathan Stearmer,Chief Deputy Clerk JoAnn Evans, and Commission Assistant BobbiJo Bailey taking minutes of the meeting.

Opening Comments

Commissioner Winterton gave the prayer. There were no other comments.

Pledge of Allegiance

Any wishing to participate.

Consideration Of A Beer License Application For Neola Store

Deputy Clerk Evans stated that this application has been approved by the Sheriff’s Department. Commissioner Wood motioned to approve the application as presented. Commissioner Winterton seconded the motion. All commissioners voted aye and the motion passed.

Consideration Of Resolution No. 09-25, A Resolution Establishing A New Fee Schedule For Buildings And Construction Within DuchesneCounty

Commissioner Winterton stated that this is pertaining to bringing our fees in line to help with the operation of the Building Department.

RESOLUTION NO. 09-25

A RESOLUTIONESTABLISHING A NEW FEESCHEDULEFOR

BUILDINGS AND CONSTRUCTION WITHIN DUCHESNECOUNTY

WHEREAS, Duchesne County Code Title 15 establishes rules and regulations for buildings and construction with DuchesneCounty; and

WHEREAS, Duchesne County Code §15.08.020 authorizes the county to establish permit fees for building and construction; and

WHEREAS, said code also authorizes the fees to be set by resolution; and

WHEREAS, DuchesneCounty desires to amend said fees commencing January 1, 2010.

NOW, THEREFORE, be it resolved by the Board of County Commissioners for DuchesneCounty that the fee schedule for the DuchesneCounty building and construction enforcement in Exhibit “A” attached hereto and hereby incorporated by reference, is adopted.

IT IS FURTHER RESOLVED that the method used to calculate the fees on the individual projects shall be that as set forth in Exhibit B attached hereto and hereby incorporated by reference.

IT IS FURTHER RESOLVED that an existing fee amounts contrary to this resolution are changed to reflect this new fee schedule, and that this fee schedule shall be effective January 1, 2010.

APPROVED AND ADOPTED by a duly constituted quorum of the Board of County Commissioners of DuchesneCounty this 14th day of December, 2009.

ATTEST:DUCHESNECOUNTY:

______

Diane FrestonKent R. Peatross

County Clerk/AuditorChairman CountyCommissioners

______

Kirk J. Wood

Member

______

Ron Winterton

Member

Commissioner Winterton motioned to adopt Resolution No. 09-25. Commissioner Wood seconded the motion. Both commissioners voted aye and the motion passed.

Tax Adjustments – Assessor

Clerk Auditor Diane Freston joined the meeting at 1:13 P.M…

The commission reviewed the attached tax adjustments presented by Auditor Freston. Commissioner Winterton motioned to approve the tax adjustments as recommended by the Assessor’s Office. Commissioner Wood seconded the motion. Both commissioners voted aye and the motion passed.

Tax Adjustments – Treasurer

The commission reviewed the attached tax adjustments presented by Auditor Freston. Commissioner Wood motioned to approve the tax adjustments as recommended by the Treasurer’s Office. Commissioner Winterton seconded the motion. Both commissioners voted aye and the motion passed.

Consideration Of Payment Vouchers

Commission Chairman Kent R. Peatross joined the meeting at 1:20 P.M…

The commission reviewed vouchers #112402 through #112435 dated December 14, 2009 in the amount of five hundred twenty seven thousand fivehundred forty sixdollars and ninety seven cents ($527,546.97).Commissioner Wood motioned to approve the vouchers presented by Auditor Freston. Commissioner Winterton seconded the motion. Allcommissioners voted aye and the motion passed.

Consideration Of Resolution No. 09-26, A Resolution Approving And Authorizing The Execution Of A Fourth Amended Interlocal Cooperation Agreement With Other Members Of Utah Counties Insurance Pool, Relating To The Establishment, Funding And Operation Of Utah Counties Insurance Pool

Attorney Stearmer stated that Utah Counties Insurance Pool(UCIP) is the insurance we use in a pool with other counties in the state. The changes that were made in this agreement are internal procedures and will not affect the coverage that we get and suggested that the commission approve it.

RESOLUTION NO. 09-26

RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF A FOURTH AMENDED INTERLOCAL COOPERATION AGREEMENT WITH OTHER MEMBERS OF UTAH COUNTIES INSURANCE POOL, RELATING TO THE ESTABLISHMENT, FUNDING AND OPERATION OF UTAH COUNTIES INSURANCE POOL

WHEREAS, pursuant to the provisions of the Interlocal Cooperation Act, Title 11, Chapter 13, Utah Code Annotated, 1953 as amended, and the Utah Insurance Code, Title 31A, Chapter 1, et seq, Utah Code Annotated, 1953 as amended, public agencies, including political subdivisions of the State of Utah as therein defined, are authorized to enter into mutually advantageous agreements to provide services and facilities; and

WHEREAS, the CountyCommission of Duchesne County, Utah, has determined that the interests and welfare of the public within DuchesneCounty’s jurisdiction will best be served by a Fourth Amended Interlocal Cooperation Agreement with other members of Utah Counties Insurance Pool relating to the establishment, funding and operation of Utah Counties Insurance Pool.

NOW, THEREFORE, be it resolved by the County Commission of Duchesne County, Utah, that Duchesne County approve and authorize the Commission Chair to execute a Fourth Amended Interlocal Cooperation Agreement with other members of Utah Counties Insurance Pool relating to the establishment, funding and operation of Utah Counties Insurance Pool

APPROVED AND ADOPTED this 14thday of December, 2009.

Duchesne CountyCommission

By:

Kent Peatross,

Commission Chair, DuchesneCounty

ATTEST:

By:

Diane Freston, Clerk-Auditor, DuchesneCounty

APPROVED AS TO FORM:

By:

Stephen Foote, Attorney, DuchesneCounty

Commissioner Winterton motioned to adopt Resolution No. 09-26. Commissioner Wood seconded the motion. All commissioners voted aye and the motion passed.

Consideration Of IKON Agreement

Information System Director Mark Liebmann joined the meeting at 1:25 P.M…

Chairman Peatross stated that we had a lengthy discussion on this earlier in the working meeting with a couple of gentlemen from IKON and Director Liebmann. Director Liebmann stated that there are two (2) contracts, one is for hardware and the other is for software. Attorney Stearmer stated that there is a change that he would highly-highly recommend, is regarding governing law; they have the governing law being in Pennsylvania and he has no idea what governing immunity is in Pennsylvania. Director Liebmann stated that per Reid Blackburn with IKON, they always use those terms in every state they deal with. Commissioner Wood suggested that the commission approve the amount and tweak the contract later.Chairman Peatross stated that the amounts are twenty two thousand three hundred seventy dollars ($22,370.00) for hardware and one hundred sixteen thousand seven hundred fifty four dollars ($116,754.00) for software; a total amount of one hundred thirty nine thousand one hundred twenty four dollars ($139,124.00). Director Liebmann stated that on the email portion, we told them that we want one hundred and fifty (150) accounts; those will cost us thirty dollars each for fifty of the accounts because only one hundred (100) were included. Commissioner Wood motioned to approve the agreement with IKON in the amount ofone thousand thirty nine thousand one hundred twenty four dollars ($139,124.00). Commissioner Wintertonseconded the motion. All commissioners voted aye and the motion passed.

Consideration Of Fire Bills

Commissioner Winterton stated that this is in regards to bills that have not been collected that we are going to pursue and follow through to make sure that they are billed.

Consideration Of Final Programmatic Agreement Between The U.S.D.I. Bureau Of Land Management, Utah, The Utah State Historic Preservation Officer, The Advisory Council On Historic Preservation, The State Of Utah School And Institutional Trust Lands Administration, Carbon And Duchesne Counties, And Bill Barrett Corporation Regarding The West Tavaputs Plateau Natural Gas Full Field Development Plan In Carbon And Duchesne Counties, Utah

Chairman Peatross stated that we discussed this in depth earlier. Commissioner Wood motioned to authorize Chairman Peatross to sign the final programmatic agreement. Commissioner Winterton seconded the motion. All commissioners voted aye and the motion passed.

Consideration Of Memorandum Of Understanding Between The Uintah And Ouray Tribe, The Bureau Of Indian Affairs, Duchesne County, Utah, And Uintah County, Utah, The Attorney General Of Utah, And The State Of Utah And Uintah County, Utah, Regarding Jurisdiction Over Criminal Misdemeanor Offenses

Chairman Peatross stated that this is a legal agreement that we discussed with Sheriff Travis Mitchell earlier and we determined to postpone it until Sheriff Mitchell gets more information. Commissioner Wood motioned to postpone this memorandum of agreement. Commissioner Winterton seconded the motion. All commissioners voted aye and the motion passed.

Consideration Of Board Appointments

2010 Board Appointments
Library Board
-Kari Hoopes (Duchesne)
-Leann Stewart (Roosevelt)
Planning & Zoning Commission
-Randy Mair, (Roosevelt)
-Edward Roberts, (Fruitland)

Commissioner Wood motioned to reappoint Kari Hoopes and Leann Stewart to the Library Board, reappoint Randy Mair to the Planning and Zoning Commission, and appoint Edward Roberts to the Planning and Zoning Commission. Commissioner Winterton seconded the motion. All commissioners voted aye and the motion passed.

Consideration Of 2010 Commission Chairman

Commissioner Winterton motioned that Commissioner Peatross remain Chairman for 2010 and take effect January 1, 2010. Commissioner Wood seconded the motion. All commissioners voted aye and the motion passed.

Consideration Of 2010 Commission Assignments

DUCHESNECOUNTY

COMMISSIONER ASSIGNMENTS 2010

Kent R. Peatross, Chairman

Board Appointments / Personnel Departments
County Fair / Weeds – Ron Johnson
UintahBasinMedicalCenter Board / Buildings & Grounds – Shane Jenkins
Rural PublicLandsCounty Council / Commission Assistant – BobbiJo Bailey
Utah Association of Counties Commission/Council / Public Works/Landfill/GIS
UintahBasin Association of Governments / Public Lands
Western Counties Alliance / State Boards
Weed Board

Ron Winterton, Member

Board Appointments / Personnel Departments
Animal Control / Personnel Director– Carrie Mascaro
Utah Counties Insurance Pool / Emergency Management- Michael Lefler
TriCounty Health / Public Works/Landfill/GIS
Children’s Justice Center Board / Public Lands
UintahBasin Association of Governments / Building Department- Karl Mott
UintahBasin Narcotics Strike Force / State Boards

Kirk J. Wood, Member

Board Appointments / Personnel Departments
Department of Workforce Services / Planning & Zoning – Mike Hyde
Aging / Information System-I.T.
Eastern Utah Television & Technology Board / Public Works/Landfill/GIS
CountyLibrary System / Public Lands
Northeastern Counseling / State Boards
Economic Development
UintahBasin Association of Governments
Revitalization
Revolving Loan Fund
UBPCD
UBARM

Commissioner Winterton motioned to remain the same and take effect January 1, 2010.

Commissioner Wood seconded the motion. All commissioners voted aye and the motion passed.

UintahBasinMedicalCenter Update

UintahBasinMedicalCenterCEOBradLebaron & UintahBasinMedicalCenter Board Chairman Kyle Snow joined the meeting at 1:43 P.M…

Mr. Lebaron presented the attached Annual Report, Annual President’s Report, and Financial Statements on the UintahBasinMedicalCenter and stated that the hospital continues to do very well and that they have a very good relationship with the medical board. There are currently six hundred and fifty (650) employees and includes sixty (60) EMT’s. The UintahBasinMedicalCenter currently delivers sixty percent (60%) of all the babies in the UintahBasin. We currently have sixty seven percent (67%) occupancy at the Villa’s in Roosevelt. Mr. Snow stated that they are looking into having a smoke free campus; we started to implement this during the “Smoke Out” in November and feels this is a good move.

Consideration Of The Minutes For Regular Commission Meeting Held December 07, 2009

Commissioner Wood motioned to approve the minutes with the necessary corrections. Commissioner Winterton seconded the motion. All commissioners voted aye and the motion passed.

Adjournment

Chairman Peatross adjourned the meeting at 2:36 P.M.

Read and approved this 21st day of December 2009.

Kent R. Peatross / Diane Freston
Commission Chairman / Clerk/Auditor

Minutes of meeting done by BobbiJo Bailey______

Minutes of Regular Commission Meeting Held on December 14, 2009 - 1 -