MINUTES FOR REGULAR COMMISSION MEETING HELD ON FEBRUARY 14, 2000 BEGINNING AT 1:00 PM IN COMMISSION BOARD ROOM
IN DUCHESNE, UTAH

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

Others Present:  Diane Freston County Clerk/Auditor, Shelley Bench Executive Secretary, Clerk/Auditor's Office Taking Minutes. Sue Coleman, Roger Holfeltz, Beverly Park, Dale Gines, Dixie Jones, Dan Bunnell.

 Prayer: Commissioner Thayne

 Pledge of Allegiance

 Minutes:  Minutes for February 7, 2000 were read.

Motion:    Commissioner Kappen Motion to approve the minutes with corrections, Commissioner Ross second, the motion carried.   Roll Call Vote:    All Commissioner Aye

Road Issues - Supervisor Nielsen
Supervisor Nielsen is still waiting to hear from Norm Cambridge concerning the road right-of-way on the Lake Borem Road. 

Commissioner Ross has received a request from Jim Forakis for the Fruitland Special Service District.  They would like to have some black top placed on the Districts parking lot and the 200 feet of roadway into the lot.  Commissioner Ross asked Supervisor Nielsen to look at the site sometime to see if this request was feasible for the County Road Department to do. 

Commissioner Ross also commented on a letter from Roger Powell concerning the smell coming form Chris Denver’s Disposal Plant.  The Commission asked Supervisor Nielsen to monitor the plant for smell and report back to the Commission in a few weeks. 

Request for Educational Assistance Agreement – Dan Bunnell
Dan Bunnell presented an Educational Assistance Agreement for their approval. 

Educational Assistance Agreement

WHEREAS, Duchesne County has a policy that all education that improves an employee’s work experience should be the responsibility of the employee, and

WHEREAS, Duchesne County recognizes that certain employees have need for educational assistance to obtain the training necessary for their positions, and

WHEREAS, Duchesne County has determined that it will benefit form additional training of employees, and

WHEREAS, the employee recognizes the interest of the County in the employee’s continued employment after the employee has obtained certain training to assist them in their performance, and

WHEREAS, the employee has requested educational assistance from the County for said training,

IT IS HEREBY AGREED, between the parties, Duchesne County, hereinafter referred to as “County” and the employee of the County, hereinafter referred to as “employee”, to agree as follows:

1.                    In the event an employee desires to obtain additional training in areas that would assist them in their job performance, then the employee may petition the Board of County Commissioners for approval of educational assistance.  

2.                    In the event the educational assistance is granted, Duchesne County shall pay all or part of the following: the employee’s regular salary during the time of training, the direct cost of the training such as tuition, books, ect., and indirect costs of training such as a room and board and travel expenses, all or part of which shall be at the discretion of the Duchesne County Board of Commissioners. 

__X_   Tuition

____   Books

____   Salary

____   Travel

____   Lodging

____   Meals

Total assistance shall be in the sum of $1725.00

3.                    After completion of such training the employee agrees to be employed with Duchesne County.  Such employment shall be on an at-will basis.

4.                    In the event the employee voluntarily terminates or is involuntarily separated except for incidences of reduction in force, the employee agrees to refund to the County the cost expended by the County for educational assistance, pursuant to this agreement.  Said refund shall be as follows:

            The time period between date of termination Portion of expenses and conclusion of educational course:                                                                                    refunded to County

            Less than one year                                      100%

            One year but less than two years                 75%

            Two years but less than three                      50%

            Three years but less than four                      25%

            Greater than four years                                  0%

Default

            In the event either party defaults in this agreement, the defaulting part shall be liable to the non-defaulting party for costs of court and attorney’s fees for having to pursue legal action to enforce the agreement.

Motion:    Commissioner Ross motioned to return the request to the Sheriff to define procedures he would like to use in light of the training being offered locally Commissioner Kappen second, the motion carried.  Roll Call Vote:   All Commissioner Voting Aye

Diane Freston Clerk/Auditor presented vouchers #67305 to #67425 totaling $256,993.81 for approval.

Motion:    Commissioner Kappen motioned to approve the Vouchers, Commissioner Ross second, the motion carried.    Roll Call Vote:   All Commissioners

Clint Peatross was present to represent Brian Berger.  Clayton Chidester reported the Planning and Zoning Commission are in favor of this zone change.

Appointment to the Hanna Water & Sewer Board

            Mr. Dale Gines, Chairman of the Hanna Water and Sewer District Board informed the Commission as to the purchase of 409.2 acre feet of water to be transferred from agriculture use to the Annie Mae springs location northwest of Hanna.  The State Engineer has approved the change of use and the points of diversion.  To meet the culinary demand for an adequate water supply it is necessary for the District to purchase existing water rights.  Mr. Gines reported that all requirements for change of use, the change of point of diversion and the State Engineers approval has been completed.  Mr. Gines also reported that the district is now prepared to purchase the water rights with funds secured from State Agencies.  The County Commission supports the district in purchasing and putting to beneficial use these water rights to meet the culinary demand within the Hanna Water & Sewer District.

            Mr. Gines and Dixie Jones also discussed with the Commission, the need for one appointment to the Board.  The Commission will advertise this seat and accept resumes from those interested.  The appointment will be made in the March 20, 2000 Commission Meeting.

Adjournment:   2:55 p.m.

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