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 MARCH 20, 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. Beverly Park, Regina Burnhurst, Sue Coleman, Raymond Hardman, Laurie Brummond and Kelari Keller Association of Governments and Rosalie Jesson.

Prayer: Commissioner Thayne
Pledge of Allegiance

Minutes: Minutes for March 13, 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 was not present today due to an illness.

Commissioner Kappen stated that he was contacted about Case Lane in Mt Emmons needs some gravel.

Commissioner Thayne was also contacted about a culvert that is to high just south of the Talmage Cemetery.

Commissioner Ross asked that a letter be sent to Alton Moon, in reference to his request for the Sheering Corals Road to be oiled. The Commission has referred this request to the Planning and Zoning Commission for consideration during the Annual Road tour.

Order to Proceed on Bleacher Cover
Last year the County contracted with C&T Construction for the purchase and installation of Bleacher Covers for the Duchesne County Fair Grounds. The Commission is now giving C&T Construction an Order to Proceed on the installation of the Bleacher Covers.

Motion: Commissioner Kappen motioned to approve the Order to Proceed to C&T Construction for the installation of the Bleacher Covers at the County Fair Grounds Commissioner Ross second, the motion carried. Roll Call Vote: All Commissioners Voting Aye.

Agreement with State Department of Agriculture and Food for the New District Agricultural Field Representative.
This cooperative Agreement entered into between the STATE DEPARTMENT of AGRICULTURE and FOOD and DUCHESNE COUNTY is for the purpose of outlining and defining the responsibilities of each relative to the maintenance of a District Agricultural Field Representative for the State Agricultural Inspection District No. 7, including the Counties of Duchesne, Daggett, and Uintah.  The following terms and conditions are herein agreed to:

Whereas, the Utah Department of Agriculture and Food agrees:  (a)  to appoint a full time Agriculture Field Representative, pay his salary and all travel expenses necessary to carry out his responsibilities in the district; (b)    To appoint, pay the salaries and traveling expenses of such assistants as may be necessary; (c)    To supervise and administer the work of the department.

Whereas, the County of Duchesne agrees:  (a)    To provide suitable office and equipment, including telephone at its County Courthouse for said Field Representative; (b)    To provide and pay part-time secretary for the Field Representative; (c)  To provide a field office at Duchesne, Utah for Field Representatives use.

Said terms and conditions of this agreement may be terminated by either party upon 30 days notice.

The Commission suggested that we clarify that it is the States responsibility to provide a computer to the Field Representative.

Motion: Commissioner Ross motioned to approve the agreement with the clarification on the computer issue Commissioner Kappen second, the motion carried. Roll Call Vote: All Commissioners Voting Aye.

Discussion of Proposed Ordinance Allowing Spot Lighting of Non-game Animals  Commissioner Kappen stated that he has received a number of phone calls from concerned ranchers and farmers who are opposed to the Ordinance. The Commission stated that Sheriff Stansfield contacted Box Elder County Sheriff and was told that Box Elder County no longer gives out permits for this, even though they still have the Ordinance in place. There were problems with domestic animals getting killed so they stopped giving out permits.

Motion: Commissioner Kappen motioned that due to the opposition of the proposed Ordinance the County deny the request for an Ordinance Allowing Spot Lighting of Non-game Animals Commissioner Ross second, the motion carried. Roll Call Vote: All Commissioners Voting Aye.

Affordable Housing Plan - Association of Governments
Laurie Brummond and Kelari Kellar presented the Commission with the County's Consolidated Plan. They also asked that the Commission review Resolution 00-06 and they explained the necessity of adopting the Resolution 00-06.

They also explained House Bill 295 and if the County adopted the Resolution it would bring the County into compliance with State law.

The Commission thanked Laurie and Kelari for coming in and complimented them on what a great job they did putting the plan together. The Commission will review HB 295 and Resolution 00-06; it will be on next week's agenda for approval.

RESOLUTION # 00-06
AFFORDABLE HOUSING PLAN
Duchesne County

Whereas, the Utah State Legislature passed HB 295 requiring cities to develop an Affordable Housing Plan; and

Whereas, Duchesne County supports the concept of affordable housing for all residents, and

Whereas, Duchesne County perceives its role in supporting affordable housing as including:  a. Enabling the provision of at least enough equitable and affordable housing to
accommodate Duchesne County's indigenous low to moderate income population; b. Review of existing ordinances, as opportunity or need arises, to eliminate
inappropriate or excessive requirements that may post barriers to affordable housing within the county; c. Avoid new regulations or ordinances that inappropriately or excessively burden prospective new homeowners or homebuilders; d. Utilize to the fullest extent possible, available federal and state funded housing rehabilitation and replacement programs including the Community Development Block Grant and HOME programs operated under the Uintah Basin Association of Governments.

IT IS HEREBY RESOLVED by the Duchesne County Commission that; 1. The county commission will adopt amendments to its General Plan only after they have been reviewed for any possible barriers to equitable and affordable housing that they may create; 2. As time and opportunity arise, the Commission will review its General Plan for regulations affecting construction, annexation or subdivision, which may give, rise to inappropriate barriers to equitable and affordable housing. Appropriate adjustments will be made as necessary but at all times such adjustments in ordinance structure shall; a. Consider the financial capability of the County; b. Consider the infra structural implications (e.g., capacities, demands, location, costs) of all proposed new construction or reconstruction and, within this context, consider the implications of new construction or reconstruction on utility rates and tax assessment levels of existing residents;   3. Analysis of primary indicators of the housing circumstances in Duchesne County is attached.

Approval of Environmental Certifying Officer
Laurie Brummond Grants Administrator presented the following letter to Shelia Peterson, Community Development Division CDBG Environmental Review Specialist, for approval:

Dear Shelia:

This is to notify you that at the regularly scheduled Duchesne County Commission meeting on, March 20, 2000, the position of Chairman of the Commission was selected and approved by the jurisdiction to act in the capacity of Environmental Certifying Officer for fiscal year 2000-2001.

Motion: Commissioner Kappen motioned to approve Commissioner Thayne as the Certifying Environmental Officer for fiscal year 2000-2001, Commissioner Ross second, the motion carried.  Roll Call Vote: All Commissioners Aye.

Discussion of Road Safety Issues Mt. Home Altonah Road - Rosalie Jessen  Rosalie presented the following petition, with 75 signatures, to the Commission:  

The undersigned do herby petition the County Commissioners to take note that they are in opposition to the current grade of the existing road and proposed change fore the oil road entrance on the existing easement from Wayne Miles corner to the 700 feet east down the road on the Altonah and Mt. Home connecting road across the Lake Fork River. The current road is unsafe; too steep and oil traffic entering from the well do not have good clearance. We would like attention done on this before the river road is oiled causing the County to use more resources.

The Commission stated that they appreciated the concern of the residents; they know there is problems but have yet to find a solution.

Sue Coleman stated that she felt they needed to get an Engineers professional opinion.

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

Diane Freston Clerk/Auditor presented vouchers #67789 to #67927 totaling $179,842.88 for approval.

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

Leann Stewart Deputy Clerk/Auditor presented Department Head timesheets for signature.

Review & Adoption of Resolution No. 00-04 A resolution amending the Duchesne County Policy and Procedures Manual Section 12 in regard to Employee Conduct

WHEREAS Duchesne County Policy and Procedures Manual provides that employees abide by certain conduct, and

WHEREAS the policy at this time specifically states the adoption date of the Sexual Harassment Policy, and

WHEREAS the policy does not specify what "indoors" constitutes,

BE IT THERE FORE RESOLVED by the Board of County Commissioners for Duchesne County that the Duchesne County Policy and Procedures Manual Section 12 in regards to Employee Conduct be amended as follows:

SECTION 12 - EMPLOYEE CONDUCT
12.1    Outside Employment.

12.1.a    No employee may engage in additional employment which in any manner interferes with the proper and effective performance of official duties, or which results in conflict of interest. It is necessary that an employee give priority to his/her job with Duchesne County. The County shall not be held liable to grant sick leave in any cases of injury to an employee while that employee is engaged in outside employment.

12.2    Prohibition Against Political Activity.

12.2.a    No person shall be denied the opportunity to become an applicant for a position in any County department by virtue of political opinion or affiliation.

12.2.b    No person employed by the County may be dismissed from service as a result of political opinion or affiliation.

12.2.d    No County officer or employee, whether elected or appointed, may directly or indirectly coerce, command, advise or solicit any officer or employee to pay, lend or contribute part of his/her salary of compensation or anything else of value to any party, committee, organization, agency or person for political purposes. No County officer or employee, whether elected or appointed, may attempt to make any officer's or employee's personal status dependent upon the employee's committee, organization, agency or person engaged in a political activity.

12.2.e    Nothing contained in this section shall be construed to permit partisan political activity of any County employee who is prevented or restricted from engaging in such political activity by the provision of the Federal Hatch Act.

12.3    Prohibition Against Sexual Harassment.

12.3.a    Refer to Addendum 1, Sexual Harassment Policy.

12.4    Employee Ethics.

12.4.a    The purpose of this policy is to comply with the Utah Employee Ethics Act, Utah Code 67-16-1 through 14 as it applies to employees covered under the Duchesne County Personnel Policies and Procedures.

12.4.a.a    Employees are prohibited from engaging in conduct which actually or potentially pose conflicts between public duties and private interests. Some examples of such misconduct follow and are not meant to be all inclusive. Unanticipated circumstances may occur. All circumstances of this nature shall warrant the application of disciplinary measures up to and including discharge.

12.4.a.a.a    Improperly disclosing or using confidential information.

12.4.a.a.b    Using position to secure privileges or exemptions.

12.4.a.a.c    Accepting employment which would impair independence of judgment or ethical performance.

12.4.a.a.d    Accepting gifts, compensation, or loans from unauthorized sources.

12.4.a.a.e    Participation in transactions involving business interests.

12.4.b    Disclosure Requirement.

12.4.b.a    Employees must disclose substantial interests in regulated business.

12.5    Smoking.

12.5.a    The purpose of this policy is to promote health and to comply with the Utah Indoor Clean Air Act, Utah (Health) Code 26-38-1 through 9.

12.5.a.a    Duchesne County is committed to providing a safe and healthful working environment for employees and the general public. In doing so, smoking indoors is prohibited. Employees failing to comply will be subject to discipline up to and including termination.

12.5.a.a.a    For purposes of this policy "indoors" shall include Duchesne County owned buildings, vehicles or equipment.

12.5.a.b    The success of this Act will depend upon the thoughtfulness, consideration, and cooperation of smokers and nonsmokers. All employees share in the responsibility for adhering to and enforcing this policy. Conflicts should be brought to the attention of immediate supervisors, and, if necessary, referred to the Department Head involved for consideration and, if necessary, application of appropriate disciplinary action. In all cases, the right of the nonsmoker to protect his/her health will take precedence over an employee's desire to smoke.

The Commission, Judy Mutton Personnel Director and Roland Uresk reviewed he Resolution.  Motion: Commissioner Kappen motioned to adopt Resolution 00-04 Commissioner Ross second, the motion carried. . Roll Call Vote: All Commissioners Aye.

Review & Adoption of Resolution No. 00-05 A resolution amending the Duchesne County Policy and Procedures Manual Section 19 in regard to Workers Compensation

WHEREAS Duchesne County Policy and Procedures Manual provides that employees be covered under the State of Utah Workman's Compensation Act, and

WHEREAS the policy at this time does not provide how the injury shall be reported to the Department of Human Resources, and

WHEREAS the policy does not refer to the Post-Accident Drug Test as provided in Addendum 2, Drug & Alcohol Policy for Duchesne County,

BE IT THERE FORE RESOLVED by the Board of County Commissioners for Duchesne County that the Duchesne County Policy and Procedures Manual Section 19 in regards to Workers Compensation be amended as follows:

SECTION 19 - WORKERS COMPENSATION
19.1    Duchesne County operates under the provisions of the State of Utah Workman's Compensation Act which provides that "any employee injured, or the dependents of any employee, killed during the course of his duty shall receive compensation for loss sustained on account of such injury or death, and for medical, nurse, and hospital services, medicines, and funeral expenses. . ."

19.2    The size of the awards and the conditions connected with these claims are contained in the State Laws covering Workman's Compensation cases. Any injury occurring on the job must be reported to the supervisor immediately, and forms prescribed by the State Industrial Commission must be completed and submitted to the appropriate party within forty-eight (48) hours of injury.

19.2.a    The Elected Official, Department Head or supervisor shall use the appropriate form to report work-related injuries to the Department of Human Resources. If the injury is such as to require the employee or volunteer to seek medical attention away from the work site, then a Post-Accident Drug Test shall be performed as soon as possible following the accident. Refer to Addendum 2, Drug & Alcohol Policy for Duchesne County.

19.3    Any employee receiving sick leave that is later paid by Workman's Compensation shall reimburse the County for any period of double payment.

The Commission, Judy Mutton Personnel Director and Roland Uresk reviewed the Resolution. The Commission had some concern with 19.2.a where it stated that a Post Accident Drug Test shall be performed as soon as possible following the accident. The Commission feels that there should be a more specific time limit on the Post Accident Drug Test. Judy stated that she will have to also change the Substance Abuse section of the Policy & Procedures Manual if we change this section. The Commission feels that would be the best thing. Judy will make changes and bring it back next week for approval.

The Commission sent the following memo to all Department Heads:

Memo
To:            Elected Officials and Departments Heads
From:        Duchesne County Commission
Date:        7/7/2003
Re:            Use of County Vehicles

Due to the ever-increasing gas prices the Commission is recommending that Department Heads and Employees be frugal in the use of County vehicles. Fuel budgets will deplete rapidly without oversight. Ceilings for miles traveled per month may need to be implemented. Fuel prices are much higher and will probably stay high for the near future. Please implement a plan to conserve fuel and maintain affordable costs. Those Departments with high fuel consumption will be asked to review with the Commission your conservation plan. Thanks for your help.

Commissioner Ross feels that we should meet with the Sheriff Department and the Road Department.

Adjournment: 2:45 PM

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