MINUTES OF COMBINED COMMISSION WORKING & REGULAR SESSION MEETING HELD DECEMBER 22, 2014 BEGINNING AT 9:00 A.M. IN CONFERENCE ROOM #1 OF THE DUCHESNE COUNTY ADMINISTRATION BUILDING, IN DUCHESNE, UTAH

Present

Commission Chairman Ronald Winterton, Commissioner Kent R. Peatross, Commissioner Kirk J. Wood, Deputy County Attorney Tyler Allred, Public Works Director Glen Murphy, and Commission Assistant BobbiJo Casper taking minutes of the meeting.

Public Works/Landfill Update

Director Murphy reported that the Road Department finished edging in County Roads 160, 162, and 165 in Cedarview; they will chip and paint them them next year. They started on County Road 292 in Hanna behind the Hanna Café down to the bridge.

Consideration Of An Interlocal Agreement With Carbon County

Chairman Winterton stated that Commissioner Elect Ken Burdick attended a meeting last week on this but is unavailable to attend this morning. It is his understanding that they are going to treat this how we did the Nine Mile Road and will be in coordination with right of ways between the two counties. This agreement will establish an oil pipeline between the counties. Attorney Allred stated that we will split capital contributions equally and we will share all costs. Carbon County’s Attorney Christian Bryner created this agreement and he is fine with it.

Carbon County Commissioner Jae Potter joined the meeting via telephone at 9:36 A.M…

Commissioner Potter stated that he feels that this is will be split 50-50 and that both counties will jointly apply to CIB. We approved this agreement at our last meeting.

Commissioner Peatross motioned to approve the agreement with Carbon County concerning the pipeline easement and authorize the chairman to sign it. Commissioner Wood seconded the motion. All commissioners voted aye and the motion passed.

Discussion Of Greenbelt

Deputy Assessor Cheryl Fabrizio joined the meeting at 9:46 A.M… Property Owner Patty Gines joined the meeting via telephone at 9:46 A.M…

Ms. Gines stated that she didn’t provide documentation for greenbelt and has gone through some difficulties including a divorce. She moved to Las Vegas, Nevada so she didn’t receive the documents, but the property has always been in use. Assessor Fabrizio stated that this was rolled off on August 7, 2013 and a lien was put on February 25, 2014. There are two properties in the amounts of $2,788.53 and $1,190.53. Commissioner Wood asked Ms. Gines is she is asking for a waiver of the fees and to be reinstated on greenbelt? Ms. Gines stated yes, she has filled out the documentation and it’s in the mail. Commissioner Wood motioned to reinstate both properties on greenbelt and waive fees. Commissioner Peatross seconded the motion. All commissioners voted aye and the motion passed.

Consideration Of A Prime Sponsorship Agreement For At Your Leisure And The County Seat TV Series

Chamber of Commerce Director Irene Hansen joined the meeting at 10:02 A.M… County Attorney Stephen Foote joined the meeting at 10:10 A.M…

Director Hansen stated that she sees the value of these programs is that 2015 is a centennial year. This isn’t as simple as other areas in Utah because of tribal lands and Forest Service. The visitation at Starvation Reservoir has doubled the last couple of years and the hotel is at 60% occupancy in Duchesne. We need to involve the Forest Service so we know what they want to promote. She really feels that there is value in the programs for Duchesne County. Commissioner Peatross motioned to approve the agreement for At Your Leisure and The County Seat TV Series. Commissioner Wood seconded the motion. All commissioners voted aye and the motion passed.

Consideration Of Ordinance NO. 14-335, An Ordinance Setting The Commission Meeting Schedule For 2015

ORDINANCE 14-335

AN ORDINANCE SETTING THE

COMMISSION MEETING SCHEDULE FOR 2015

WHEREAS, Utah State Code § 17-53-204 requires the County Legislative Body to “provide by ordinance for the holding of regular meetings of the county legislative body”; and

WHEREAS, the County Legislative Body has found that it will be beneficial to continue holding meetings at the same time and place as the previous year.

NOW THEREFORE, the County Legislative Body of Duchesne County ordains as follows:

Section 1. Meeting Schedule and Location

The 2015 meeting schedule for the Board of County Commissioners of Duchesne County, Utah, will be every Monday (except legal holidays and other properly noticed commission scheduling conflicts) beginning at 9:00 a.m. for the working session and again at 1:00 p.m. for the regular session. In case of a light meeting schedule, meetings may be combined as properly noticed.

Meetings will be held for the working meeting in Conference Room #1 and for the regular session in the Commission Board Room of the Duchesne County Administration Building, 734 North Center Street, Duchesne, Utah.

Section 2. Public Notice

The following public notice shall be given:

NOTICE IS HEREBY GIVEN OF THE 2015 MEETING SCHEDULE OF THE BOARD OF COUNTY COMMISSIONERS OF DUCHESNE COUNTY, UTAH

PUBLIC NOTICE is herby given that the 2015 meeting schedule for the Board of County Commissioners of Duchesne County, Utah, will be every Monday (except legal holidays) beginning at 9:00 a.m. for the working session and again at 1:00 p.m. for the regular session. In case of a light meeting schedule, meetings may be combined as properly noticed

Meetings will be held for the working meeting in Conference Room #1 and for the regular session in the Commission Board Room of the Duchesne County Administration Building, 734 North Center Street, Duchesne, Utah.

I, Diane Freston, Duchesne County Clerk/Auditor do hereby certify that from December 31, 2014 through January 1, 2016 pursuant to Utah Code § 52-4-202, this notice was posted. Notice also given to Radio Station K.N.E.U. and the newspaper Uintah Basin Standard.

Section 3. Effective Date

In accordance with Utah Code §17-53-208, this Ordinance will take effect fifteen (15) days after its passage.

PASSED AND ADOPTED THIS 22nd DAY OF DECEMBER, 2014 by the following vote of the Board of County Commissioners:

DUCHESNE COUNTY:

Attest:

______

Diane Freston Ron Winterton

County Clerk/Auditor Commission Chairman

______

Kent R. Peatross

Commission Member

______

Kirk J. Wood

Commission Member

Commissioner Peatross motioned to adopt Ordinance No. 14-335. Commissioner Wood seconded the motion. All commissioners voted aye and the motion passed.

Consideration Of A Request From 670 LLC Of A Deferral Of Right Of Way Encroachment Fees For DC Express Pipeline

Jon Roberts with 670 LLC & his daughter Taylor Roberts joined the meeting at 10:15 A.M… County/Planning Administrator Mike Hyde joined the meeting at 10:18 A.M…

Mr. Roberts stated that they are looking for a deferral of the fees until they are ready to enter into the public/private partnership. The scoping on BLM will be done by mid-January. We have been working with Nine Mile Mitigation and will start at the bottom and bore 3,000 feet both ways, but for the most part, we are staying with the Questar route. There is 23 miles of public land and the rest is private. The BLM says this will come out as an EA not an EIS. We are working with Jones & DeMille Engineers and Epic Engineers. Commissioner Peatross stated that he is a director on the Strata Board and feels that the fiber cable is a huge connection to the outside world. If it gets cut, it’s compromised severely, so we are going to be adamant about protecting that. Mr. Roberts stated that they plan to put a fiber line down where Strata doesn’t have a line and work with them and the commission. He will come back to the commission once they are further down the line and is asking to defer the fees until June 1, 2015. Commissioner Wood motioned to defer fees until June 1, 2015. Commissioner Peatross seconded the motion. All commissioners voted aye and the motion passed.

Discussion Of A Draft Letter To The BLM Regarding The DC Express Pipeline

Administrator Hyde stated that this letter is to the BLM Price office. We expect 670 LLC to work closely with our Public Works Department. All commissioners agreed that the letter looks good.

Discussion Of A Draft Letter Regarding Comments On The Environmental Assessment For The Atwood Lake Dam Repair Project

Administrator Hyde stated that we commented to the Forest Service during the scoping phase of this project on June 18, 2014. Now that the project has reached the stage of public review, this letter is in support of the proposed action to grant a special use permit for the project. All commissioners agreed to send the letter out.

Consideration Of A Memorandum Of Understanding With The Utah Department Of Technology Services, Automated Geographic Reference Center For The Acquisition Of High Resolution Aerial Photography

GIS Director Stoney Monks joined the meeting at 11:03 A.M…

Chairman Winterton stated that this is going from the 9 inch that we currently have down to 6 inch resolution imagery. Director Monks stated that this will cost us $14.00 a mile and we will get the whole county. They will stream it to us for the first year, so it will help with our bandwidth. Google is flying it and then sell it to the State of Utah for one million dollars. Commissioner Wood motioned to approve the Memorandum of Understanding with the Utah Department of Technology Services for High Resolution Aerial Photography. Commissioner Peatross seconded the motion. All commissioners voted aye and the motion passed.
Consideration Of Vouchers

Clerk Auditor Connie Sweat joined the meeting at 10:33 A.M…

The commission reviewed vouchers # 130405 through 130444 dated December 29, 2014, in the amount one hundred ten thousand two hundred thirty two dollars and sixty eight cents ($110,232.68) as presented by the Clerk Auditor’s Office. Commissioner Wood motioned to approve the vouchers as presented by the Clerk Auditor’s Office. Commissioner Peatross seconded the motion. All commissioners voted aye and the motion passed.

Consideration Of A Personnel Request For The County Attorney’s Office Adding A Full Time Legal Assistant

Personnel Director Lisa Henrie joined the meeting via telephone at 11:14 A.M…

Attorney Foote stated that Legal Secretary Elaine Despain has averaged 7 hours of overtime a week. Our new part time person has given her notice and will be leaving at the end of the month. We are the busiest we have ever been and 25% higher on cases. He requested turning Secretary Despain into an exempt employee. Director Henrie stated that Secretary Despain would potentially be an Office Manager, so she would fall under the exempt status. We could hire a 30 hour a week person with benefits and start at $15.00 an hour. Commissioner Peatross stated that he feels the position is justified with the new growth. Chairman Winterton stated that he likes the fact that by hiring a full time employee, it will eliminate the overtime costs. Commissioner Peatross motioned to approve the request from the Attorney’s Office. Commissioner Wood seconded the motion. All commissioners voted aye and the motion passed.

Consideration Of A Beer License Application For The Big G On 40

Clerk Auditor Connie Sweat joined the meeting at 11:22 A.M…

Commissioner Wood motioned to approve the beer license application as presented by the Clerk Auditor’s Office. Commissioner Peatross seconded the motion. All commissioners voted aye and the motion passed.

Consideration Of A House Rental Agreement

Attorney Allred stated that he drafted this agreement to cover all issues. Commissioner Peatross stated that the rent would be reduced; in return, the renter will accomplish certain items throughout the year which will be added to the exhibits portion of the contract. Commissioner Wood suggested adding that our insurance will not cover any personal property. Item was postponed by general consent.

Entered recess at 11:44 A.M…

Re-entered Combined Commission Meeting at 11:53 A.M…

Closed Meeting –

Commissioner Wood moved to go into and out of closed session for the purpose of discussing pending or reasonably imminent litigation issues at 11:53 A.M. Commissioner Peatross seconded the motion. All commissioners voted aye and the motion passed.

-Re-entered Combined Commission Meeting at 12:43 P.M…

Consideration To Take Action Discussed Under Closed Meeting

No action was necessary.

Consideration Of Minutes For Combined Commission Meeting Held December 01, 2014

Commissioner Wood motioned to approve the minutes as corrected. Commissioner Peatross seconded the motion. All commissioners voted aye and the motion passed.

Consideration Of Minutes For Combined Commission Meeting Held December 15, 2014

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

Commission Calendaring

Adjourn

Chairman Winterton adjourned the meeting at 12:54 P.M.

Read and approved this 5th day of January 2015.

Ronald Winterton / Diane Freston
Commission Chairman / Clerk/Auditor

Minutes of meeting prepared by BobbiJo Casper______

Combined Commission Meeting December 22, 2014

Page 4 of 4