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 27, 2002 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.

Commissioners Absent: Commissioner Larry S Ross, he is on vacation.

Others Present:  Roland Uresk Deputy County Attorney, Diane Freston County Clerk/Auditor, Shelley Brennan Executive Secretary, Clerk/Auditor's Office Taking Minutes. Sue Coleman, Beverly Park, Regina Burnhurst, Kelly Kielbasa, Ken Miller, and Sharon Olsen.

Prayer: Diane Freston Clerk/Auditor
Pledge of Allegiance

Minutes: Minutes for March 20, 2000 were read.  Motion: Commissioner Kappen motioned to approve the minutes with corrections, Commissioner Thayne second, the motion carried. Roll Call Vote: All Commissioner Aye

Road Issues - Supervisor Nielsen
Supervisor Nielsen presented the following from Horrocks Engineers:

Contract Modification #3 (for Project No.BRO-LC13(2) Engineering Service Agreement 99-8204), for development of right-of-way plans, maps and documents to assist in the right-of-way appraisal and acquisition for Strawberry River Bridges No. 6 & 7 with Horrocks Engineers.

Cooperative Agreement for design modification #3 with a matching fund request of $21,243.00 with UDOT.

Payment Request No.8 & 9 for Project No.BRO-LC13(1), Engineering Service Agreement No. 95-8290 Strawberry Bridges. Payment Request No.8 in the amount of $51,870.67 for engineering services on the subject project through October 31, 1998. Payment Request No. 9 in the amount of 13,783.54 is the Final Payment Request is to authorize the release of the 5% retained earnings from our pervious invoices for Bridges 1, 2, & 3.

Payment Request No.13 for Project No.STP-1544(1)5, Engineering Service Agreement No. 99-8223 Arcadia Road Project. Payment Request No.13 in the amount of $14,505.90 is for engineering services on the subject project through January 31, 2000 this is included in the accumulative amount.

Motion: Commissioner Kappen motioned approve Contract Modification #3, Commissioner Thayne second, the motion carried. Roll Call Vote: All Commissioners Voting Aye.

Motion: Commissioner Kappen motioned to approve the funding match in the amount of $21,243.00 and disperse the funds for Contract Modification #3 Commissioner Thayne second, the motion carried. Roll Call Vote: All Commissioners Voting Aye.

Motion: Commissioner Kappen motioned to approve Payment Request #8 & 9 for Strawberry Bridge Project Commissioner Thayne second, the motion carried. Roll Call Vote: All Commissioners Voting Aye.

Motion: Commissioner Kappen motioned to approve Payment Request #13 for the Arcadia Road Project Commissioner Thayne second, the motion carried. Roll Call Vote: All Commissioners Voting Aye.

Discussion of Tar Sands
The Commission and Supervisor Nielsen discussed Tar Sands and compared costs relative to: (1) contracting out the work or (2) having the County Road Department do the work. The issue will be discussed further when Commissioner Ross is back from vacation.
  
Auditor's Office - Vouchers - Department Head Time Sheets - Tax Adjustments - Personnel Issues

Diane Freston Clerk/Auditor presented vouchers #67928 to #68009 totaling $119,201.26 for approval.  Motion: Commissioner Kappen motioned to approve the vouchers, Commissioner Thayne second, the motion carried. Roll Call Vote: All Commissioners Voting Aye.

Awarding of the Duchesne County Fair Rodeo Bid
The Fair Board has reviewed and compared all the bids listed below:

Circle J Rodeo		$6,000
Chrystal Brothers Inc.		$11,800
Elkhorn Rodeo Inc.		$7,000
Slash T Rodeo		$8,750
Clegg Championship Rodeo		$5,100 - 1st yr., $5,300 - 2nd yr., $5,600 - 3rd yr.
Slash C Rodeo		$5,500

It is the recommendation of the Fair Board that the bid be awarded to the lowest bidder, Clegg Championship Rodeo.

Motion: Commissioner Kappen motioned to award the bid for the Duchesne County Fair Rodeo to Clegg Championship Rodeo for a term of three years, Commissioner Thayne second, the motion carried. Roll Call Vote: All Commissioners Voting Aye.

Resolution 00-06 Affordable Housing Plan  The Commission reviewed the Resolution.

RESOLUTION NO. 00-06
A RESOLUTION ADOPTING AN AFFORDABLE HOUSING PLAN FOR DUCHESNE COUNTY

WHEREAS, Utah Code Annotated Section 17-27-307 requires counties 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 home owners or home builders.

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.

BE IT HEREBY RESOLVED by the Board of County Commissioners of Duchesne County that;

1. The County Commission shall 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. Attached hereto is the current analysis of primary indicators of the housing circumstances in Duchesne County.

Motion: Commissioner Kappen motioned to approve Resolution 00-06 Affordable Housing Plan, Commissioner Thayne second, the motion carried. Roll Call Vote: All Commissioners Voting Aye. 

Resolution 00-05 Amending County Policy and Procedures Manual Section 19 Workers Compensation  The Commission and Judy Mutton reviewed the changes made to the Resolution.

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 immediately (not to exceed 24 hours) 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.

Motion: Commission Kappen motioned to adopt Resolution 00-05 Amending County Policy and Procedures Manual Section 19, Commissioner Thayne second, the motion carried. Roll Call Vote: All Commissioners Voting Aye.

Resolution 00-07 Amending the County Policy and Procedures Manual, Drug & Alcohol Policy  The Commission and Judy Mutton reviewed Resolution 00-07.

RESOLUTION NO. 00-07
A resolution amending the Drug & Alcohol Policy
for Duchesne County

WHEREAS the Duchesne County Policy and Procedures Manual provides that employees, volunteers and Elected Officials may be tested following an accident, and

WHEREAS the policy at this time does not make clear the definition of "as soon as possible", and

WHEREAS the Board of County Commissioners desires that there be a clear understanding all concerned

BE IT THERE FORE RESOLVED by the Board of County Commissioners for Duchesne County that the Drug & Alcohol Policy for Duchesne County be amended as follows:

DRUG & ALCOHOL POLICY FOR DUCHESNE COUNTY

I.    POLICY STATEMENT.
    A.    The Duchesne County Commission finds that there must exist a healthy and productive workforce within the County, safe working conditions free from the effects of drugs, and high quality services rendered to the public. These circumstances are vital to the functioning of Duchesne County, the safety of its government employees, and the well-being of the general public.
    B.    The Duchesne County Commission finds that the abuse of drugs creates a variety of workplace problems, including increased injuries on the job, increased absenteeism, increased financial burdens on health and benefit programs, decreased employee morale, and a decline in the quality of services rendered to the public.
    C.    In balancing the interests of the County and its employees and volunteers with the interest and welfare of the general public, the Duchesne County Commission finds that implementation of drug free workplace policy, in accordance with a state statute, is in the best interest of all parties.
    D.    In adopting this policy, it is the intent and object of the Duchesne County Commission to be as comprehensive as possible in addressing the issues of safety, confidentiality, privacy, drug use education and the appropriate use of drug testing as described in this policy.
    II.    DEFINITIONS.
    A.    "Accident" means an occurrence involving:
    1.    a County vehicle or any vehicle used in the performance of County business operation which results in:
        a.    a fatality;
        b.    bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or
        c.    one or more motor vehicles incurring disabling damage as a result of the accident, requiring the vehicle (any vehicle involved) to be transported away from the scene of the accident.
    2.    any non-vehicle accident which results in:
        a.    a fatality;
        b.    any accident which results in One Thousand Dollars ($1,000.00) or more of property damage, or
        c.    any accident which results in an employee seeking medical attention away from the workplace.
    B.    "Alcohol" means the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl and isopropyl alcohol.
    C.    "Alcohol concentration (or content)" means the alcohol in a volume of breath expressed in terms of grams of alcohol per 210 liters of breath as indicated by dential breath testing device.
    D.    "Alcohol use" means the consumption of any beverage mixture or preparation.
    E.    "Confirmation alcohol test" means a second test, following a screening test with a result of 0.02 or greater, that provides quantitative data of alcohol concentration.
    F.    "Confirmation drug test" means a second analytical procedure on the original sample to identify the presence of a specific drug or metabolite that is independent of the screening test and that uses a different technique and chemical principle from that of the screening test.
    G.    "Drug test" means analysis of a urine sample for the presence of illegally used drugs or their metabolites.
    H.    "Employee" as referred to in this Policy applies to all employees in the service of the County for compensation. All County employees who have access to or who operate a County vehicle will be subject to random drug testing. All County employees are subject to pre-employment, reasonable suspicion, post-accident, return-to-duty and rehabilitation testing conducted pursuant to such law and regulations and this Policy. In addition, any County employee who possesses a Commercial Drivers License (CDL) as a condition of employment and who operates a vehicle pursuant to Federal law and regulations in 49 Code of Federal Regulations, Part 383, will be subject to the County's policy for CDL drivers. Employee does not mean a temporary worker.
    I.    "Controlled substance (drug)" means a substance included in Schedules I to V, as defined by Section 802(6) of Title 21 of the Unites States Code, the possession of which is unlawful under Chapter 13 of the Title. The term "drug" does not mean the use of a controlled substance pursuant to a valid prescription or other use authorized by law.
    J.    "Medical review officer" means the individual responsible for receiving laboratory results generated from the County drug testing program who is a licensed physician with knowledge of substance abuse disorders.
    K.    "Prospective employee" means any person who has made application for employment with the County. Applicants who are offered a position with the County are subject to pre-employment controlled substance testing as a condition of employment.
    L.    "Random testing" means the unannounced selection for testing based solely and exclusively on the employee's job description or work responsibilities. Random testing will be done only pursuant to the provisions of this Policy.
    M.    "Temporary workers" are those hired for 90 days or less.
    N.    "Safety sensitive" means any employee who has access to or who is authorized to drive a County vehicle. An employee shall be considered to be performing safety-sensitive functions whenever:
    1.    He/she begins work and until the time he/she is relieved from work, including anytime that he/she is available to drive a County vehicle.
    2.    Inspecting or servicing a County vehicle.
    3.    Driving or at the controls of a County vehicle.
    4.    Resting in a County vehicle.
    5.    Loading or unloading a County vehicle.
    6.    Performing those duties required of a driver involved in a vehicle accident.
    7.    Repairing or attending to a disabled County vehicle.
    O.    "Screening drug test" means an immunoassay screen to eliminate "negative" urine specimens for further analysis.
    P.    "Substance abuse professional" means a licensed employee assistance counselor or addiction counselor with knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substance-related disorders.
    Q.    "Verified negative drug test" means a drug test result that was negative on an initial FDA-approved immunoassay test.
    R.    "Verified positive drug test" means a test result that was positive on an initial FDA-approved immunoassay test confirmed by gas chromatography/mass spectroscopy assay and reviewed and verified by the medical review officer.
    S.    "Volunteer" means any person who donates services as authorized by Duchesne County without pay or other compensation except expenses actually and reasonably incurred.
III.    GENERAL EMPLOYEE PROVISIONS.
    A.    Prohibited and Required Conduct.
    1.    The unlawful manufacture, distribution, possession, or use of a controlled substance and/or alcohol by an employee on County premises, in county vehicles, or while conducting County business off County premises is prohibited. Use includes the presence of prohibited drugs and/or other metabolites in the employee's system. Violation of this Policy will result in disciplinary action, up to and including termination.
    2.    Refusal to submit to a supervisor's request for a drug and/or alcohol test pursuant to this Policy is prohibited. The following examples constitute a refusal to be tested for alcohol and/or controlled substances:
        a.    Alcohol testing, refusal by an employee to:
        1)    Sign the breath alcohol form.
        2)    Provide a breath sample without a valid medical reason.
    3)    Cooperate with the testing process in a way that prevents the completion of the test.
        b.    Controlled Substance (Drug) refusal by an employee to:
        1)    Provide a urine sample.
        2)    Provide an adequate urine sample without a valid medical reason.
        3)    Cooperate with the testing process in a way that prevents the completion of the test.
    3.    Adulterating a test sample in such a manner as to preclude an accurate test result is prohibited.
    4.    Employees must, as a condition of employment, abide by the terms of this Policy and report any conviction under a criminal drug or alcohol statute for violations occurring on County premises, in County vehicles, or while conducting County business off premises.
    5.    Any employee who is prescribed a drug where the prescribing physician or pharmacist indicates that the use may impair the employee's ability to operate equipment or function in a safety-sensitive role will be required to report such use to their supervisor.
    B.    Effected Personnel.
    1.    All full-time and part-time employees of Duchesne County are subject to this Policy. Elected officials and volunteers are subject to exceptions as set forth herein.
    C.    Consequences of Policy Violation.
    1.    Employees: Upon receipt of a verification of a violation of this policy, or a confirmed positive drug or alcohol test result which indicates a violation of this policy or upon the refusal of an employee or prospective employee to provide a sample, the County may use that test result or refusal as the basis for disciplinary actions, which include the following:
    a.    The prospective employee will not be hired
    b.    The temporary workers will be terminated immediately;
        c.    The employee will be suspended without pay and benefits for a 14 day period, pending further investigation;
        d.    Based on the information found during the investigation an employee may be returned to work with back pay and benefits reinstated or the employee will be terminated;
        e.    Any employee who adulterates a test shall be terminated immediately.
    2.    Volunteers: Shall be suspended immediately and not eligible to participate in voluntary activities for Duchesne County.
    3.    Elected Officials: Consequences of policy violations are subject to statutory provisions of the Utah Code.
    4.    No employee or volunteer shall perform safety-sensitive functions, including driving a County vehicle, if the employee has engaged in conduct prohibited by this Policy in relation to drug or alcohol use.
    5.    No employee or volunteer tested under this policy who is found to have an alcohol concentration of 0.02 or greater shall perform or continue to perform safety-sensitive duties under the conditions of this Policy. An alcohol concentration of 0.02 or greater will constitute a violation of this Policy.
    D.    Bases for Drug Tests.
    1.    All employees are subject to the following testing. Volunteers and exempt personnel as provided below will not be subject to random drug testing.
        a.    Pre-Employment Testing. Prior to actual hiring, a prospective employee must pass a pre-employment drug test.
        b.    Reasonable Suspicion Testing. An employee must submit to a drug and/or alcohol test when there is reasonable suspicion to believe that the employee has violated this Policy. The determination that reasonable suspicion exists must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of the employee.
        c.    Post-Accident Testing. As soon as possible (not to exceed 24 hours) following an accident resulting in a fatality, damage to County property greater than One Thousand Dollars ($1,000.00) or an employee seeking medical attention away from the work site.
        d.    Random Drug Testing. All employees be subject to random drug testing.
    2.    All volunteers are subject to the following testing.
        a.    Reasonable Suspicion Testing. A volunteer must submit to a drug and/or alcohol test when there is reasonable suspicion to believe that the volunteer has violated this Policy. The determination that reasonable suspicion exists must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the employee.
        b.    Post-Accident Testing. As soon as possible (not to exceed 24 hours) following an accident resulting in a fatality, damage to County property greater than One Thousand Dollars ($1,000.00) or an employee seeking medical attention away from the work site.
    3.    Elected Officials are subject to the following testing.
        a.    Reasonable Suspicion Testing. An elected official must submit to a drug and/or alcohol test when there is reasonable suspicion to believe that the official has violated this Policy. The determination that reasonable suspicion exists must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the employee.
b.    Post-Accident Testing. As soon as possible (not to exceed 24 hours) following an accident resulting in a fatality, damage to County property greater than One Thousand Dollars ($1,000.00) or an employee seeking medical attention away from the work site.

Motion: Commissioner Kappen motioned to adopt Resolution 00-07 Amending the County Policy and Procedures Manual, Drug and Alcohol Policy, Commissioner Thayne second, the motion carried. Roll Call Vote: All Commissioners Voting Aye.

Discussion of Ordinance 00-159
Commissioner Kappen suggested that we send this to the Ordinance Revision Committee for review.

Motion: Commissioner Kappen motioned to send Ordinance 00-159 to the Ordinance Revision Committee for review, Commissioner Thayne second, the motion carried. Roll Call Vote: All Commissioners Voting Aye.

Adjournment: 2:05 PM

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