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 ON JANUARY 24, 2000 BEGINNING AT 1:00 P.M. IN THE COMMISSION BOARD ROOM
IN DUCHESNE, UTAH

Commissioners Present:  Commission Chairman Guy R Thayne, Commissioner F Ted Kappen, and Commissioner Larry S Ross.

Others Present:  Roland Uresk Deputy County Attorney, Diane Freston County Clerk/Auditor, Shelley Bench Executive Secretary, Clerk/Auditor's Office Taking Minutes. Keith & Sue Coleman, Blaine & Meatta Young, Beverley Park, Regina Burnhurst, Jake Jacobson, Lynn Snow, Fred Tew, Jimmy Brotherson, Lamar Long, James Lemon, Richard Bess, Mike Frandsen, Don Frandsen, Ralph Ivie, Michael Ivie, Bob Oostveen, Randy Meyers, Neal Meyers, Jim Grant Department of Commerce, Division of Ocupational & Professional Licensing, Karl Mott County Building Inspector, Dean Johnson Assistant County Building Inspector, Bill Clark, Raymond Hardman, Cheryl Mecham with the Uintah Basin Standard, Cheri Mitchell, and Ron Addley.

Prayer: Commissioner Thayne
Pledge of Allegiance

Minutes: Minutes for January 3, 2000 were read. 
Motion: Commissioner Ross motioned to approve the minutes with corrections, Commissioner Kappen second, the motion carried. Roll Call Vote: All Commissioners Voting Aye.

Minutes: Minutes for January 10, 2000 were read.
Motion: Commissioner Kappen motioned to approve the minutes with corrections, Commissioner Ross second, the motion carried. Roll Call Vote: All Commissioners Voting Aye.

Road Issues - Supervisor Nielsen
Supervisor Nielsen informed the Commission that he has received notice from Horrocks Engineers that the funding for Arcadia Road Project Phase II will be 50% Bureau of Indian Affairs & 50% Utah Department of Transportation Funding Federal STP funds which were allocated for Duchesne County.

Motion: Commissioner Ross motioned that under those percentages that Duchesne County is in agreement with Phase II of the Arcadia Road Project. Commissioner Kappen second, the motioned carried. Roll Call Vote: All Commissioner Voting Aye.

Supervisor Nielsen has received one sealed bid for the following equipment:

1991    Peterbuilt 3 axle end dump truck
1990    H&K 2 axle end dump trailer
1991    Viking 12' one way snow plow
1992    Good Roads 16' Sander

The bid received from Ned B Mitchell, Inc. was for the amount $52,258.00. Kenworth Truck Sales offered $37,500.00 for the same equipment as trade in.

Motion: Commissioner Kappen motioned to accept the bid from Ned B. Mitchell, Inc. for $52,258.00 Commissioner Ross second, the motion carried. Roll Call Vote: All Commissioners Voting Aye.

Ethic Laws & Filing Disclosure Statements - Herb Gillepsie County Attorney reviewed with the Commission State Code Section 17-16-A5 - A8 and Section 67-16-1.   Attorney Gillespie presented the Commission with his personal disclosure notice.

Executive Session - 1:30 PM
Motion: Commissioner Ross motioned to go into an executive session to discuss a personnel issue Commissioner Kappen second, the motion carried. Roll Call Vote: All Commissioners Aye.

Motion: Commissioner Kappen motioned to come out of executive session after concluding the personnel discussion, Commissioner Ross second, the motion carried. Roll Call Vote:  All Commissioners Aye.

Present for the discussion: Lamar Long, James Lemon, Richard Bess, Mike Frandsen, Don Frandsen, Ralph Ivie, Michael Ivie, Bob Oostveen, Randy Meyers, Neal Meyers, Jim Grant Department of Commerce, Division of Occupational & Professional Licensing, Karl Mott County Building Inspector, Dean Johnson Assistant County Building Inspector, Lynn Snow and Keith & Sue Coleman.

End of Executive Session: 2:30 PM

Keith Coleman was present to discuss the contract with Deputy County Attorney, Roland Uresk and Duchesne County. Mr. Coleman stated that during Commission meeting on January 10, 2000 Roland said that he did not carry a private Insurance Bond, and that he was covered by the County's Blanket Bond. Mr. Coleman referenced case law from Salt Lake County Commission v Salt Lake County Attorney:  19, 21, 22, 23, 26, and 28. Mr. Coleman also stated, they have contacted the Insurance agent carrying this bond, and according to them they do not cover independent contractors.

Mr. Coleman then informed the Commission that the County funding Scholarships was illegal. He then put the Commission on Administrative Notice in writing for these violations of the Utah State Law. These matters will be discussed again in next weeks Commission meeting.

Discussion of Radio Communication & Public Notices - Naomi Maxfield This agenda item was cancelled.

Discussion of Uintah Basin Medical Center's Proposed 501(C)(3) - Fred Tew & Jimmy Brotherson.
Mr. Brotherson and Mr. Tew expressed concerns about the proposed 501(C)(3). They stated, the County will still be liable, for lawsuits against the Hospital. Mr. Brotherson stated that any business the Hospital will be in is in competition with the Community. Mr. Tew said that taking the Hospital and making a tax free entity is not right, America was not built on this kind of thing. Freedom is the most important thing we have. He then asked if this decision enhances our freedom or diminishes our freedom. Freedom is what America is all about, and we do not need to put another layer of government here. The Commission thanked both men for coming in & voicing their opinion.

Auditor's Office - Vouchers - Department Head Time Sheets - Tax Adjustments - Personnel Issues.  

Tax Adjustments - Treasurers Office

Serial/Account	Year	Debit/Credit	Comment
M-061-15-16	1999	-$40.49	Went exempt in July, Purchased by Myton City
M-033-04-6	1999	-$133.60	VA widow exempt

Motion: Commissioner Ross motioned to accept Tax Adjustments from the Treasurers Office Commissioner Kappen second, the motion carried. Roll Call Vote: All Commissioners Aye.

Tax Adjustments - Assessors Office

Serial/Account	Year	Debit/Credit	Comment
0035158	1999	-$51.18	Double assesed, real and personal property
Vehicle	1999	-$57.90	Trailer valued in error, MSRP wrong.

Motion: Commissioner Kappen motioned to accept the tax adjustments from the Assessors Office, Commissioner Ross second, the motion carried. Roll Call Vote: All Commissioners Aye

Personnel Issues - Judy Mutton Personnel Director
Judy has received a request for a donation of vacation time from one employee to another.

Motion: Commissioner Kappen motioned to deny the request to donate vacation hours, Commissioner Ross second, the motion carried. Roll Call Vote: All Commissioners Aye.

Christie Ivie Deputy Clerk/Auditor presented vouchers # 66934 to # 67118 totaling $180,761.47 for approval.  Motion: Commissioner Ross motioned to approve the Vouchers, Commissioner Kappen second, the motion carried. Roll Call Vote: All Commissioners Aye.

Planning & Community Development Department - Clayton Chidester Director Zoning Ordinance Change for Dale Gines will be on the February 7, 2000 agenda.

Camelot International Resort Corporation - Release of Subdivision Improvements Performance Bond.   Clayton informed the Commission that all road requirements for this release have been completed and approved by himself and Doug Nielsen County Road Supervisor.

Motion: Commissioner Kappen motioned to release the Subdivision Improvement Performance Bond #189696S for $21,000 to Camelot International Resort Corporations, Commissioner Ross second, the motion carried. Roll Call Vote: All Commissioners Aye.

Public Meeting Notice - Additional Fee Increase
Mr. Chidester, in the December 27, 1999 Commission meeting requested an increase in the public notice portion for Zone Changes, Plat amendments, and Board of Adjustments. This increase would cover the cost of any additional ad placed out of the Public Notice section. The Commissioners feel that if additional ads are placed for clarification purposes, then the County should pay for it.

Motion: Commissioner Ross motioned to place additional ads in January and July noticing citizens to read the Public Notice section for information on County affairs Commissioner Kappen second, the motion carried. Roll Call Vote: All Commissioners Aye.

Resolution 00-02 A Resolution Declaring That It Is In The Best Interest Of The Area And The Residents Concerned That The Fruitland Special Service District Be Enlarged And Extended By The Annexation Of A Tract Of Land Adjacent Hereto And Providing That Notice Of Intention Be Published Fixing The Time And Place Of Hearing For All Persons To Be Heard Relative To Said Annexation.

Bill Clark with the Fruitland Special Service District presented Resolution 00-02 to the Commission for their consideration. The Commission requested a copy of the minutes from the Special Service District Meetings where they approved this annexation. Bill will bring it in Tuesday January 25, 2000.

Motion: Commissioner Ross motioned to initiate the process of advertising after the copy of the minutes are received Commissioner Kappen second, the motion carried. Roll Call Vote: All Commissioners Aye.

Appointment to the Planning and Zoning Commission
The Commission has received two resumes for this appointment.

Motion: Commissioner Kappen motioned to review the resumes and take it under advisement for one week Commissioner, Ross second, the motion carried. Roll Call Vote: All Commissioners Aye.

Adjournment: 3:45 PM

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