Minutes of Special Meeting Held January 27, 2004, at 2:00 Pm in Conference Room #1, In s7

MINUTES OF COMBINED COMMISSION WORKING & REGULAR SESSION MEETING HELD OCTOBER 17, 2016 BEGINNING AT 9:00 A.M. IN CONFERENCE

ROOM #1, IN DUCHESNE, UTAH

Present

Commission Chairman Ronald Winterton; Commissioner Greg Todd, Commissioner Ken Burdick, Deputy County Attorney Tyler Allred, Deputy County Attorney Grant Charles, Public Works Supervisor Mike Casper and Commission Assistant BobbiJo Casper taking minutes of the meeting.

Consideration Of Proposals To Provide Alternate Public Defender Services

Attorney Charles stated that he received two proposals. One is from Clint Hendricks with Hendricks Law Firm, P.C. who bid on District Court and the other bid is for indigent defense from Roland Uresk with Basin Law. He doesn’t see there being travel expenses and feels that is why they are over budget for Juvenile Court; they pay more for travel than their appearance. Commissioner Todd motioned to appoint Clint Hendricks with Hendricks Law Firm, P.C. for District Court. Commissioner Burdick seconded the motion. All commissioners voted aye and the motion passed.

He suggested accepting Basin Law’s bid at $50 per hour until the end of the year and re-advertise in December with the help of HR Director Melissa Yergensen. Commissioner Todd motioned to accept the proposal from Roland Uresk with Basin Law for the remaining of the year. Commissioner Burdick seconded the motion. All commissioners voted aye and the motion passed.

Public Works Department Update

Supervisor Casper reported the following for the Road Department:

Ø  They will patch the Moon Lake Road this week with approximately 500 tons.

Ø  They installed a culvert last week at Stonegate and he would like to install another one along with dry concrete and then patch over the whole road to stable it.

Ø  They have a lot of patching to do in Sterling Meadows.

Ø  They hit a waterline in Arcadia installing a culvert due to trying to avoid the fiber optic line so they will need to fix it.

Ø  Jerry Lisonbee has started landscaping at the Justice Center.

Ø  They are working on the Emergency Operations Center today.

Ø  On County Road #81, the culvert has been installed and they have started on the blind corner.

Ø  They are installing two culverts in Argyle Canyon on County Road #191; they should be done today.

Consideration Of 400 Tons Of Cold Mix Asphalt

Supervisor Casper stated that they bought 300 tons last year and they need more; it costs approximately $110 a ton. Commissioner Burdick stated that they do need it so move forward since it’s in the budget.

Discussion Of A Draft Letter Regarding Draft License Application For The Uintah Hydroelectric Project (P-190)

County/Community Planning Administrator Mike Hyde joined the meeting at 10:02 A.M…

Administrator Hyde stated that Moon Lake Electric has asked for a letter of support for the relicensing of their hydroelectric plant that expires in 2019. We feel that the continuation of such non-polluting power sources should be a high priority. All commissioners agreed that the letter looks good.

Discussion Of A Draft Letter Regarding Moon Lake Water Users Association Yellowstone Feeder Canal Repair Project, Duchesne County, Utah

Administrator Hyde stated that this is located north east of Altonah and that approximately 30-40% of the water is leaking out of the canal due to cracks in the concrete. It’s also leaking below the earthen embankment section which doesn’t have concrete. We support the proposal to mitigate the impacts and we hope that construction can begin this fall and completed by April 2017; in time for the next irrigation season. All commissioners agreed that the letter looks good.

Opening And Consideration Of Rodeo Bids For The 2017 Duchesne County Fair

Chairman Winterton opened the sealed bids from Broken Heart Rodeo and O’Driscoll and stated that this is for the 2017 Duchesne County Fair rodeos. We asked for bids for a one night and a two night rodeo; the bids are as follows:

·  Broken Heart Rodeo $10,000 for one night $12,500 for two nights

·  C/J Rodeo (O’Driscoll) $3,750 for one night $7,570 for two nights

Commissioner Burdick stated that we received $28,000 in sponsorship money in 2015 and 20,800 in 2016 for the rodeos. Chairman Winterton stated that when we spoke to Clel Robinson about these two contractors, he felt that we got more participation with Broken Heart Rodeo because they are with a PRCA and has a following. Commissioner Todd motioned to accept the two night rodeo bid from Broken Heart Rodeo. Commissioner Burdick seconded the motion. All commissioners motioned aye and the motion passed.

Consideration Of Allowing A Spook Alley At The Old Jail On Center Street In Duchesne City

Duchesne High School Wrestling Team Spokeswoman Janet Jenkins & Clerk Auditor JoAnn Evans joined the meeting at 10:20 A.M…

Chairman Winterton stated that Mrs. Jenkins contacted him last week looking for a place to hold a spook alley to make money for the wrestling team. Attorney Allred stated that they would need to get an insurance policy that indemnifies the county. Chairman Winterton stated that we would need something in writing that indemnifies the county from the liability. Mrs. Jenkins stated that she walked through the old jail last week with Assistant Casper and thought that it would be a perfect place to hold it. Her idea is to have it on the sides of the building where the cells are and have an adult side and a child side starting on Wednesday the 26th ending on Halloween night. Chairman Winterton stated that there isn’t running water so there are restrooms available and suggested that they could use the Library. Mrs. Jenkins will find out about the insurance policy and go from there.

Consideration Of A Victims Advocate Volunteer

HR Director Melissa Yergensen & Payroll & Benefits Administrator Becky Caton joined the meeting at 10:38 A.M…

Director Yergensen stated that Susanne Rangel from Roosevelt has applied to be a volunteer and has passed the background check. Commissioner Burdick motioned to approve the volunteer as presented. Commissioner Todd seconded the motion. All commissioners voted aye and the motion passed.

Consideration Of Indigent Abatements

Deputy Clerk Auditor Connie Sweat & Assessor Greg Garff joined the meeting at 10:54 A.M…

Deputy Clerk Sweat presented a list of people who have applied for a tax abatement, but don’t meet the qualifications and stated that leniency is the discretion of the commission and she has a list of 60 people that she is questioning. We don’t get reimbursed from the state for Veteran’s, the blind or indigent so she wants to know what the commission wants her to do. We haven’t been doing things right and waiving full amounts. There are some on the list who clearly qualify but others she is questioning. They all qualify income wise, but not age wise. Clerk Auditor Evans stated that we don’t have to follow the guidelines, they want us to be honest on what money the circuit breaker will pay back but they want us to be able to choose. We get some money back from Veteran’s through other means. You still have a lot of leeway to declare these as circuit breakers, the commission has that ability. When she did the abatements she was in all of the time asking about these, and was told by the commissioners at that time that they don’t need to know about this stuff, just do it as a circuit breaker. It never hurt her feelings to declare them all as circuit breakers, it really doesn’t matter it comes from the state. Attorney Allred stated that he doesn’t think that you can just declare them all as circuit breakers, that doesn’t sound right; that’s not usually how those things work. Assessor Garff stated that circuit breakers come from the state’s general fund. Anyone may qualify if they are under 65 and suffer a true hardship or a disability. Commissioner Todd stated that he feels that the county should absorb it. Chairman Winterton stated that they will work with people as they come in.

Consideration Of Vouchers

The commission reviewed vouchers #136731 through 136845 dated October 17, 2016 in the amount of three hundred sixty eight thousand eight hundred eighty one dollars and sixty two cents ($368,881.62) as presented by the Clerk Auditor’s Office. Commissioner Burdick motioned to approve the vouchers as presented by the Clerk Auditor’s Office. Commissioner Todd seconded the motion. All commissioners voted aye and the motion passed.

Consideration Of A Business License For C&C Complete Repair

Commissioner Burdick motioned to approve the business license as presented. Commissioner Todd seconded the motion. All commissioners voted aye and the motion passed.

Consideration Of A Business License For D&E Welding

Commissioner Burdick motioned to approve the business license as presented. Commissioner Todd seconded the motion. All commissioners voted aye and the motion passed.

Consideration Of A Business License For Rig II, LLC

Commissioner Burdick motioned to approve the business license as presented. Commissioner Todd seconded the motion. All commissioners voted aye and the motion passed.

-Entered Recess at 11:50 A.M…

-Re-entered Combined Commission Meeting at 11:55 A.M…

Closed Meeting –

Commissioner Burdick moved to go into and out of closed session for the purpose of discussing personnel issues at 11:55 A.M. Commissioner Todd seconded the motion. All commissioners voted aye and the motion passed. Assistant Casper was excused.

-Re-entered Combined Commission Meeting at 12:04 P.M…

Consideration To Take Action Discussed Under Closed Meeting

No action was necessary.

-Re-entered Recess at 12:04 P.M…

-Re-entered Combined Commission Meeting at 1:30 P.M…

1:30 Public Hearing- Meeting was moved to the Commission Chambers

Consideration Of Ordinance No. 16-353, An Ordinance Amending The Duchesne County Zoning Establishing An Overlay Zone And Approving The Planned Unit Development Known As The Upper Duchesne River Camp

County/Community Planning Administrator Mike Hyde rejoined the meeting & Lamont Moon joined the meeting at 1:30 P.M…

Administrator Hyde stated that Mr. Moon owns a 36.64 acre parcel located in the Hanna area along the Duchene River just south of the intersection of Highway 35 and the North Fork Road. He desires to sell eight campsites along the river ranging from .58 to 2.44 acres in size. Each lot will have access to a Hanna Water District connection and a RV dump station located west of lot #1. The Planning Commission conducted a public hearing on October 5, 2016 where there was no opposition to the request and unanimously recommended the approval of the rezone, establishing the Planned Unit Development (PUD), provided that the applicant prepares and records a legal document establishing an entity responsible for the maintenance and repair of the RV dump station and common areas within the development. Commissioner Todd asked if fishing is allowed along the river. Administrator Hyde stated that according to the plat, there is a 50 foot fisherman’s access along both sides of the river.

-Re-entered Combined Commission Meeting at 1:42 P.M…

ORDINANCE #16-353

AN ORDINANCE AMENDING THE DUCHESNE COUNTY ZONING MAP, ESTABLISHING AN OVERLAY ZONE AND APPROVING THE PLANNED UNIT DEVELOPMENT KNOWN AS THE UPPER DUCHESNE RIVER CAMP

WHEREAS, Lamont Moon/LG Moon LLC has filed an application to establish a Planned Unit Development (PUD) for a recreational subdivision located in the Hanna area; and,

WHEREAS, the TriCounty Health Department approved the Upper Duchesne River Camp proposal by letter dated September 2, 2016; and,

WHEREAS, after giving notice and conducting a public hearing on October 5, 2016, the Duchesne County Planning Commission has recommended approval of the zoning map amendment and Planned Unit Development as requested for the subject lands; and,

WHEREAS, after giving notice and conducting a public hearing on October 17, 2016, the Duchesne County Commissioners have accepted the Planning Commission recommendation and adopted findings to approve the zoning map amendment and Planned Unit Development request.

BE IT HEREBY ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS that:

SECTION 1.

The lands described in attached Exhibit A are hereby designated on the official zoning map as a Planned Unit Development (PUD) and the Upper Duchesne River Camp PUD is approved as described on the survey plat dated April 4, 2016 (attached hereto as Exhibit B).

SECTION 2. Severability.

If any court of competent jurisdiction declares any Section of this Ordinance invalid, such decision shall be deemed to apply to that Section only, and shall not affect the validity of the Ordinance as a whole or any part thereof other than the part declared invalid.

SECTION3.Effective Date.

This Ordinance shall become effective fifteen (15) days after publication.

DATED this 17th day of October, 2016.

ATTEST: DUCHESNE COUNTY

BOARD OF COMMISSIONERS

______

JoAnn Evans Ronald Winterton, Chairman

County Clerk/Auditor

______Ken Burdick, Commissioner

______

Greg Todd, Commissioner

Commissioner Burdick motioned to adopt the findings of fact and conclusions of law recommended by the Planning Commission and approve Ordinance No. 16-353. Commissioner Todd seconded the motion. All commissioners voted aye and the motion passed.

Consideration Of Minutes For Combined Commission Meeting Held October 03, 2016

Commissioner Todd motioned to approve the minutes with corrections. Commissioner Burdick seconded the motion. All commissioners voted aye and the motion passed.

Consideration Of An Appointment On The Uintah Basin Medical Center Board Of Trustees

Attorney Allred excused himself at 1:50 P.M…

Commissioner Todd stated that Attorney Allred will do a good job on the board and that he is a perfect fit. He is already aware of things that the board is pursuing and understands things as well as anyone else already on the board. Commissioner Burdick stated that Attorney Allred on the board will be a good asset to the commission. Commissioner Burdick motioned to appoint Tyler Allred to the hospital board for a four year term. Commissioner Todd seconded the motion. All commissioners voted aye and the motion passed.

Commission Calendaring

Adjourn

Chairman Winterton adjourned the meeting at 2:21 P.M.

Read and approved this 24th day of October 2016.

Minutes of meeting prepared by BobbiJo Casper______

Combined Commission Meeting October 17, 2016

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