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 FEBRUARY 22, 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 Brennan Executive Secretary, Clerk/Auditor's Office Taking Minutes. Sue Coleman, Roger Holfeltz, Beverly Park, Regina Burnhurst, Ray & Mary Baum, Vern Peterson, Frank Jeys, Jim Lindsey, Ray Hardman, Merrill Taylor, Brent & Shelia Olsen.

Prayer: Commissioner Kappen
Pledge of Allegiance

Minutes: Minutes for February 14, 2000 were read.  Motion: Commissioner Ross Motioned to approve the minutes with corrections, Commissioner Kappen second, the motion carried. Roll Call Vote: All Commissioner Aye.

Road Issues - Supervisor Nielsen
Supervisor Nielsen presented the Contract Modification for the additional construction engineering services preformed on Strawberry River Bridges 1, 2, & 3. (Note) This is an old issue that the County Commission approved on August 28, 1998. UDOT has now completed their budget adjustments to cover this final Contract Modification.

Discussion of Ordinance 00-159 - Sue Coleman
Sue Coleman asked Commissioner Ross for a history and how Ordinance 00-159 came into the Commission.

Commissioner Thayne explained that he & Georg Adams, Emergency Management Director, went back east to Maryland and were trained on disaster and emergency preparedness. Georg was given the responsibility to get together this ordinance so we were in order in case there was a disaster. It has taken about nine months for the Commissioners to get the Ordinance prepared to adopt..

Sue asked who wrote the ordinance?

Georg replied that an Attorney did. He used Utah Counties as an example and modified it to fit our County.

Sue had some problems with the way the Ordinance was written specifically with sections 1-6, Authority of the Board of County Commissioners. Sue asked if Ray Hardman would come up and express his concerns.

Ray Hardman wants it to go on record that he opposes this. It is a form of marshal law that only the Governor of the State of Utah can put into effect. He feels that the Commissioner's are asking for the authority to do this. Anytime you come onto somebody's property and take possession of what he or she has, whether it be food, emergency supplies, stock, fuel or of that nature, that is marshal law. "I deeply appose this because I am surrendering my rights as citizen of the United States, guaranteed to me under the Constitution of the United States" stated Hardman. This exceeds the scope of authority of the County Commissioners and you are asking the public to relinquish their rights to you.

Commissioner Thayne stated that he does not believe that anyone intended to take anything from anyone. We are just trying to get everything in order so that we can function and help people if there is a disaster.

Commissioner Kappen stated that in past emergency situation we had to declare a disaster to get help from the National Guard. (Note: in 1983 an ice jam on the Strawberry River caused a flood, the National Guard was called in to help)

Georg agreed and said "In order to receive assistance the Commission has to declare a disaster, in order for them to do that they have to sign a declaration and send it to the Governor.

Mrs. Coleman requested that Commissioner Kappen make a motion to rewrite the Ordinance and get input from some of the citizens.

Motion: Commissioner Kapppen motioned to send a copy of the Ordinance 00-159 to the Attorney General's Office and have them review it, Commissioner Ross second, the motion carried. Roll Call Vote: All Commissioners Aye.

Sue turned the rest of her time over to Roger Holfeltz.

Mr. Holfeltz stated that he did not remember any open meetings were the County could have gathered public information to support the Legislative Findings - Purpose. "There is a due process problem with this whole thing to start off with" stated Holfeltz.

Commissioner Thayne stated that it was advertised in the paper and public hearing was held the day it was approved.

Mr. Holfeltz stated that he was not talking about the passing of the Ordinance he is talking about the Legislative Findings themselves, that means that the County Commissioners themselves had to set up something to have some kind of meeting to go out to find the information to make the findings. "You did not following the due process of the law in the way you established this, you cannot say you made legislative findings if you haven't had any meetings with public input to make the findings of" stated Holfeltz.

The Commission invited interested persons to put in writing their concerns about the Ordinance and identify specific wording and make recommendations. All suggestions and recommendations with be considered.

Opening Bids for Title Company to provide a title report on all properties owned by Duchesne County and County Hospital, Pursuant to transfer of title to 501(c)(3).
The Commission has received the following bids for Title Services.
    Sunrise Title     $1167.00
    Basin Land     $2390.00
    Farm Home & Title     $1320.00

Motion: Commissioner Ross motioned to take a week to further review and compare the bids Commissioner Kappen second, the motion carried. Roll Call Vote: All Commissioner Voting Aye.

Service Agreement Between Duchesne County and DFW/IDT for Drug Testing

Thank you for selecting DFW/IDT for your drug testing needs. This letter will act as a service agreement between DFW/DIT and Duchesne County.

DRUG SCREENING COLLECTIONS
All urine drug-screening collections will be conducted on-site or at your designated location(s) by trained collectors/technicians.

ALCOHOL TESTING
All breath alcohol testing of your employees will be conducted on-site by trained Breath Alcohol Technicians (BATs), who are all certified by the manufacturer of breath testing devices. All breath testing will be conducted in accordance with US DOT regulations using Evidentiary Breath Testing (EBT) devices approved by the National Highway Traffic Safety Administration (NHTSA).

LABORATORY
All testing will be performed by a laboratory certified by the Department of Health and Human Services= (DHHS) National Institute on Drug Abuse/Substance Abuse Mental Health Services Administration (NIDA/SAMHSA). All test will be initially screened; and all specimens, which screen positive, will then be confirmed by Gas Chromatography/Mass Spectrometry (GC/MS).

MEDICAL REVIEW OFFICER
As part of this Agreement, all medical review officer (MRO) services will be provided by an occupational health management company that meets all DOT requirements.

RECORDS
DFW/IDT will maintain copies of all records, worksheets, laboratory forms, results and collection notes related to your company=s testing program for five years. Records will only be released to your company=s authorized program manager(s) by written request. Under no circumstances will any records be released to any unauthorized present or past employees.

COLLECTION REQUESTS
Your company may schedule collection requests 24 hours a day be calling DFW at 1-800-561-4231.

SECURITY
At DFW/IDT, the safeguard of the confidentiality of the testing process is of paramount importance. As a client of DFW, you will be called upon to supply us with the names of, and four-digit PINs for, contact personnel who are authorized to schedule, manage and receive the results of drug or alcohol tests. No information will be released by staff to your personnel without the correct PIN.

PAYMENT TERMS
Payment terms are net 30 days from the date of invoice. Late payments are subject to a rebilling fee of 2% of the invoice plus 1.5% per month finance charge. In addition, late companies will be responsible for all costs of collection and attorney fees if it becomes necessary to refer this account for collection.

PRICES
Please see the A Schedule of Fees,@ price list. Please note that these prices include collection services as well as lab work and MRO services.

TERMS
All prices are guaranteed for one year form the date of this Agreement. Your signature below will affect this Service Agreement.

SCHEDULE OF FEES
Drug and Alcohol Tests - Drug tests (Five or Seven Panel) - $42 per test; DOT Urinalysis - (includes MRO review) (NIDA 5)- $48 per test; Breath Alcohol - $25 per test; Breath Alcohol Confirmation - $15 per test; Administration Fee - $750 (waived); To include: Random generation, Reporting, Record keeping; Consultation Fee - $150 per hour; Attorney Consultation/Expert Witness - $250 per hour; Training Fee; Supervisor Training.

The Commission reviewed with Judy Mutton Personnel Director the previous contract with DFW/IDT. Judy reports that all concerns have been corrected.

Motion: Commissioner Kappen motioned to approve the Agreement with DFW/IDT for drug testing, Commissioner Ross second, the motion carried. Roll Call Vote: All Commissioners Aye.

Merrill Taylor was present to ask the County Commission to consider making an Ordinance that would allow the spot lighting of non-game animals for sport. The Commission will take this request under advisement.

Discussion of Minutes - Roger Holfeltz
Mr. Holfeltz questioned the Due Process that the County goes through. He stated that since he has been attending Commission meeting he has noticed that with the ordinances it appears to him that Due Process of Law has not always been followed. He does not particularly think that the County Commission has been looking out for the best interests of the citizens of the County, but they have been looking out for other interests.

Mr. Holfeltz also stated that the minutes and particularly his comments in commission meeting, one line for his 25-minute discourse is not sufficient.

Commissioner Ross stepped out for a few minutes.

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

Diane Freston Clerk/Auditor presented vouchers # 67426 to #67477 totaling $108,085.75 for approval.

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

Adjournment: 2:32 PM

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