MINUTES OF COMBINED COMMISSION WORKING AND REGULAR SESSION MEETING HELD JANUARY 27, 2014 BEGINNING AT 9:00 A.M. IN CONFERENCE ROOM #1, IN DUCHESNE, UTAH

Present

Commission Chairman Ronald Winterton; Commissioner Kent R. Peatross, Commissioner Kirk J. Wood, Roads Director Glen Murphy, Deputy County Attorney Tyler Allred, County Residents Laurie Montgomery, Dennis Montgomery and Paula LaRose and Commission Assistant BobbiJo Casper taking minutes of the meeting.

Acceptance Of Payment In Lieu Of Taxes (PILT) From The Division Of Wildlife Resources (DWR)

Boyd Blackwell with DWR joined the meeting at 9:05 A.M…

Mr. Blackwell presented a PILT check in the amount of forty three thousand ten dollars and sixty seven cents ($43,010.67) to the commission and stated that he appreciates the relationship that they have with the commission and their willingness to work together.

Public Works/Road Department Update

Director Murphy reported that the Road Department is working on Mortensen Lane (CR 52). He will split crews tomorrow to begin work on the Roseanne Ellis Road (CR 343) north of Duchesne (5000 South).

Director Murphy also reported that there is a Landfill Meeting tomorrow at Daniels Summit Lodge.

Discussion Of A Road Issue In Talmage (4000 North)

Mrs. Gilmore stated that in 1996 they purchased land in Talmage and had no idea that 4000 North was a county road until she listed her home on the market and discovered that it is a county D road that continues onto her property. She is here to ask that the county vacate that road at her gate. She owns sections 19 and 30 and nobody has ever had an issue with her having a gate or needing access through it. Commissioner Wood stated that it’s quite a process to vacate a road. We need to hold a public hearing, but he would prefer that we do several at once. Commissioner Peatross stated that we need a written formal request and there is a fee due to the fact that all surrounding property owners within a certain radius will be contacted. There are other requirements that Attorney Allred will need to research. The public has no interest to go onto your driveway and nobody is using it for access since it dead ends on your property. He suggested that they go to the Planning and Zoning Department to fill out the proper paperwork making this request.

Discussion Of A Draft Letter Regarding The BLM/USFS Greater Sage-Grouse Draft EIS

County/Community Planning Administrator joined the meeting at 9:27 A.M…

Chairman Winterton stated that we reviewed this letter a few weeks ago and comments are due in a few days. Administrator Hyde stated that since the last discussion, he has changed the definition of an active lek which is two males on the lek seen twice within ten years. We are going to support what other counties are doing and we have been sharing our comments and we have received comments from others. We also suggest that they use the most recent state maps since a lot of things have changed since 2009 and they are underestimating the impact of the county. It was the consensus of the Commission to send the letter out.

IT Department Update

IS/IT Director Kent Ogletree joined the meeting at 9:39 A.M…

Director Ogletree stated that he attended a cyber-summit last week and one of the biggest things that came out of that was security, online fraud and cyber task forcing. The FBI has a website to link cases together and he has spoken to Dela Rowley from the Sheriff’s Department who was not familiar with it. You don’t want to use the term security breach. Most of the improper discloser is done in house. Commissioner Peatross suggested using intrusion rather than security breach. Director Ogletree also stated that the state gets thirty million hack attempts daily. We aren’t on a state network, but the Library, DMV and State Troopers are. Typically counties aren’t a target because we don’t have social security numbers. He is looking at an application from UCIP on tightening up our policy and procedures and will then hold trainings. He has a copy of Box Elder County’s internet use policy that addresses concerns that were brought up when it was first presented a few months ago. He is looking at a contract management system allowing us to set it up however you want and be able to keep track of contracts. This costs $900 a year.

Discussion Of Easement For The Victory Pipeline Project

Attorney Allred stated that he has reviewed this and it looks fine. Commissioner Peatross suggested that they have Jones & DeMille Engineering provide them with a map of this so we know exactly where it is. Chairman Winterton requested that Attorney Allred contact them. This agenda item was postponed by general consent.

Consideration Of Fire Protection Agreements With Altamont City, Duchesne City, Myton City And Roosevelt City

Emergency Management Director Mike Lefler joined the meeting at 10:16 A.M…

Attorney Allred stated that we increased the amounts by 2 ½ percent and the wages to $15.00 an hour for non-certified fire fighters and $21.00 an hour for certified. They are four year contracts with a 2 ½ percent increase each year. Director Lefler stated that we cannot bill for extraction per a code that took effect in 2012. Commissioner Peatross stated that firefighting is a municipal service, where ambulance isn’t. The only thing we contract with is dispatch; we don’t have a contract directly with UDOT. Commissioner Wood stated that he doesn’t think that the county fits in any of the categories of the code. Commissioner Peatross stated that the state relies on us for these services because in Salt Lake, they have unified departments for these services that are paid by the property owners from their taxes. Attorney Allred stated that they are still looking into the code. Commissioner Wood motioned to approve the Fire Protection Agreements. Commissioner Peatross seconded the motion. All commissioners voted aye and the motion passed.

Consideration Of Vouchers

Deputy Clerk Auditor Connie Sweat joined the meeting at 10:34 A.M…

The commission reviewed vouchers # 127193 through 127194 dated January 15, 2014 in the amount one hundred forty dollars ($140.00). The commission also reviewed vouchers # 127195 through 127270 dated January 27, 2014 in the amount one hundred sixty one thousand one hundred seventy two dollars and sixty one cents ($161,172.61). Commissioner Wood motioned to approve the vouchers. Commissioner Peatross seconded the motion. All commissioners voted aye and the motion passed.

Tax Adjustment – Treasurer

The commission reviewed the attached tax adjustment presented by the Clerk Auditor’s Department. Commissioner Peatross motioned to approve the tax adjustment as recommended by the Treasurer’s Office. Commissioner Wood seconded the motion. All commissioners voted aye and the motion passed.

Consideration Of A Beer License Application For Defa’s Dude Ranch

Commissioner Peatross motioned to approve the beer license application as presented. Commissioner Wood seconded the motion. All commissioners voted aye and the motion passed.

Consideration Of A Business License Application For Pipe Ranch Inc.

Commissioner Peatross motioned to approve the business license application as presented. Commissioner Wood seconded the motion. All commissioners voted aye and the motion passed.

Consideration Of A Business License Application For VR Welding LLC

Commissioner Peatross motioned to approve the business license application as presented. Commissioner Wood seconded the motion. All commissioners voted aye and the motion passed.

Consideration Of Resolution No. 14-01, A Resolution Amending The Services Of The Duchesne County Special Service District 3, Duchesne County, Utah To Include Receiving And Expending Mineral Lease Revenues And Affirming The Rights, Powers, And Authority Of The District’s Administrative Control Board

Eric Johnson with Blaisdell & Church, P.C. joined the meeting at 10:44 A.M…

Mr. Johnson stated that last fall we held a public hearing where we didn’t get any comments from the public. After that, there was a sixty day comment period and we haven’t received anything. This resolution amends the powers of the district; since this is only changing the powers, the information doesn’t need to be sent to the Lt. Governor’s Office. He feels that even though it’s not necessary, it should be sent just for informational purposes only and also be recorded. If the district wants the power to bond, they have to come to the commission for permission. Right now there are three board members, but the commission has the ability to add more in the future.

RESOLUTION NO. 14-01

A RESOLUTION AMENDING THE SERVICES OF THE Duchesne COUNTY SPECIAL SERVICE DISTRICT 3, Duchesne COUNTY, UTAH TO INCLUDE RECEIVING AND EXPENDING MINERAL LEASE REVENUES AND AFFIRMING THE RIGHTS, POWERS, AND AUTHORITY OF THE DISTRICT’S ADMINISTRATIVE CONTROL BOARD

WHEREAS, the Board of County Commissioners of Duchesne County, Utah has determined that the public health, convenience, and necessity require amending the existing Duchesne County Special Service District 3 (the “DISTRICT”) to provide the separate and additional services of: receiving federal mineral lease funds under Utah Code Ann. 59-21-1 et seq. (“Mineral Lease Funds”) and expending those funds to provide construction and maintenance of public facilities, traditional governmental services, and planning, as a means for mitigating impacts from extractive mineral industries, pursuant to Utah Code Ann. 17D-1-201(14); and

WHEREAS the Board of County Commissioners held a hearing on the proposed amendment to the District on September 16, 2013, and the statutory period for public comments has passed,

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Duchesne County, Utah as follows:

1. The Board of County Commissioners hereby amends the District to include the following separate and additional services: receiving federal mineral lease funds under Utah Code Ann. 59-21-1 et seq. (“Mineral Lease Funds”) and expending those funds to provide construction and maintenance of public facilities, traditional governmental services, and planning, as a means for mitigating impacts from extractive mineral industries, pursuant to the authorization contained in Utah Code Ann. 17D-1-201(14).

2. The boundaries and service area of the District remain as previously declared, to wit:

The boundaries of Duchesne County, as set forth in the official county boundary records maintained by the office of the lieutenant governor pursuant to Utah Code Ann. 17-50-104, including all incorporated areas therein.

3. The amended services referenced herein are separate and in addition to the District’s original and ongoing services, which the District shall continue to provide and which are more particularly described as follows: receiving federal mineral lease funds under Utah Code Ann. 59-21-1 et seq. for constructing, repairing, and maintaining fire protection, emergency medical, and ambulance as well as to provide a means by which any issue reasonably related to fire protection, emergency medical, and ambulance will be addressed, and to achieve these purposes through the construction, purchase, gift, condemnation, or any combination thereof of the facilities or systems necessary to provide said services, and to finance the same.

4. The Board hereby affirms the previously created and installed an Administrative Control Board (“ACB”). The ACB shall continue to be composed of three members appointed by the Board each for four-year terms to be staggered, with the Board retaining discretion to remove ACB members on an annual basis. The current ACB members are Ron Winterton, Clyde Watkins, and Rod Harrison. All other terms of appointment, service, and removal are to be governed by the District’s Operating Regulations and Bylaws, as enacted and adopted. The Board affirms it has previously delegated and/or now delegates to the fullest extent permitted by law its rights, power, and authority to govern the District to the ACB. The District will have all rights, powers and authority granted to special service districts under the Utah Special Service District Act, Chapter 1 of Title 17D of the Utah Code, including the power to impose taxes, the power of eminent domain, and the power to incur authorized types of indebtedness. However, the power to impose a tax or to incur indebtedness secured by real property taxes is not and cannot be delegated to the ACB. At this time, no imposition of tax is proposed and the Commission acknowledges that before a tax could be imposed, that the Commission would be required to call an election and the electorate would be required to approve the imposition of a property tax.

5. The Rules and Regulations attached as Exhibit B are hereby adopted and forwarded to the Administrative Control Board.

6. The Board of County Commissioners directs the County Clerk to complete the record of proceedings attached as Exhibit A.

ADOPTED, APPROVED, and ORDERED this January 27, 2014.

DUCHESNE COUNTY

BOARD OF COMMISSIONERS

By: ______

Chair

ATTEST:

______

County Clerk (S E A L)

Commissioner Peatross motioned to adopt Resolution No. 14-01. Commissioner Wood seconded the motion. All commissioners voted aye and the motion passed.

Treasurer Department Update

Deputy Treasurer Jamie Park joined the meeting at 11:14 A.M…

Deputy Park presented a spread sheet of accounts showing general accounts, local bonds, Zions Bank wealth advisors and long term investments. Deputy Park stated that as of today they have collected 93% of property taxes and they are still collecting daily. We charge a $10.00 fee for those who pay late and an interest rate of 7%.

Public Comments

Laurie Teem joined the meeting at 11:42 A.M…

Ms. Teem stated that she did medical services for the jail a long time ago and she is interested in doing it again. She feels that the contract should be bid out and has spoken to Sheriff Travis Mitchell who feels the program is working and isn’t interested in changing it. Commissioner Peatross stated that there are certain requirements in the contract such as being POST Certified. Ms. Teem asked for a copy of the contract and will get a GRAMA Request for the information from Records Retention Director Bonnie Nielson.

Closed Meeting –

Commissioner Peatross moved to go into and out of closed session for the purpose of discussing personnel issues at 11:42 A.M. Commissioner Wood seconded the motion. All commissioners voted aye and the motion passed. Assistant Casper was excused.

- Commissioner Peatross excused himself at 12:10 P.M…

-Re-entered Combined Commission Meeting at 12:11 P.M… Assistant Casper re-joined the meeting at 12:11 P.M…