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 APRIL 3, 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.

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, Sharon Olsen, Beverly Park, Regina Burnhurst, Raymond Hardman, John & Shirley Cameron, Loren & Carol Glines, Clint Peatross.

Prayer: Commissioner Thayne
Pledge of Allegiance

Minutes: Minutes for March 27, 2000 were read.  Motion: Commissioner Kappen motion to approve the minutes with corrections, Commissioner Thayne second, the motion carried. Roll Call Vote: All Commissioner Aye.

Road Issues - Supervisor Nielsen
Supervisor Nielsen was present to discuss present road projects with the Commission. Supervisor Nielsen stated that USU is about ready to have their parking lot done, the road department will start when they are ready.

Zone Changes
Loren Glines - from A/R-1, a 5-acre zone, to a RR-1 a 1-acre zone.

This zone change request has been approved by the Planning and Zoning Commission. Shirley Cameron, Loren's sister, was present to express her concern on being land locked when Loren puts up a fence after the zone change is approved. She does not have a right-of-way to use the road that runs through Loren's property, it is the only access her and her husband have to their home.

Commissioner Thayne feels that they need to wait to make a decision until the right-of-way agreement can be made.

Clayton Chidester, Director of Planning and Zoning explained that, if Loren grants her a right-of-way it will not take away from his land, it will just give her right to use the road as an access to her home, nothing more.

Loren stated that he would give them a right-of-way or an easement to use the road.

Motion: Commissioner Kappen motioned to approve the zone change for Loren Glines from A/R-1, a 5-acre zone, to a RR-1 a 1-acre zone with the condition that an easement be granted to Shirely Cameron for access to their home, Commissioner Thayne second, the motion carried. Roll Call Vote: All Commissioner Aye.

Resolution 00-08 A Resolution Establishing Method, Rules, and Procedures for the 2000 Tax Sale and Allocating administrative Costs to Delinquent Properties.
The Commission and Clerk/Auditor reviewed the Resolution:

RESOLUTION NO 00-08
A RESOLUTION ESTABLISHING METHOD, RULES, AND PROCEDURES FOR THE 2000 TAX SALE AND ALLOCATING ADMINISTRATIVE COSTS TO DELINQUENT PROPERTIES.

WHEREAS the County Commission is charged under Utah Law with determination of the method of sale of delinquent properties for delinquent taxes; and

WHEREAS the attached "METHOD OF SALE" and "DUCHESNE COUNTY TAX SALE RULES", appear to facilitate the objectives of protecting the financial interest of the delinquent owner while meeting the county's need to collect delinquent taxes due; and

WHEREAS the Tax Sale creates costs of administration including advertising, recording, noticing, offering, mailing, etc.;

NOW THEREFORE, be it resolved that the attached PUBLIC NOTICE, METHOD OF SALE, and DUCHESNE COUNTY TAX SALE RULES, are hereby adopted to govern the Duchesne County Tax Sale, and be it further resolved that any parcels that have taxes due in the amount of $200.00 or more a fee in the amount of 5% of the total amount of taxes, penalty and interest be assessed for "administrative costs" with a minimum of $78.00 per parcel, with an additional fee of $2.00 for preparation of the deed and $10.00 for the Recording of the deed as per Utah Code 59-2-1351.1.9d and be it further resolved said fee be added to the taxes, penalties and interest outstanding on each delinquent property to cover a proportional share of the costs of such administration for parcels. If the amount of taxes due are less than $200.00 a minimum fee in the amount of $38.00 will be assessed for "administrative costs" per parcel, with an additional fee of $2.00 for preparation of the deed and $10.00 for the Recording of the deed as per Utah Code 59-2-1351.1.9d and be it further resolved said fee be added to the taxes, penalties and interest outstanding on each delinquent property to cover a proportional share of the costs of such administration.

PUBLIC NOTICE
2000 TAX SALE
DUCHESNE COUNTY

Notice is hereby given that on the 25th day of May, 2000 at 10:00 A.M. in the commission chambers of the Duchesne County Administration Building, 734 North Center, Duchesne City, Duchesne County, Utah, the Duchesne County Clerk-Auditor, Diane Freston, will offer for sale at public auction and sell to the highest bidder for CASH OR CERTIFIED FUNDS pursuant to the provisions of Section 59-2-1351.1 Utah Code, the following described real property located in said County and now delinquent and subject to tax sale. A bid for less than the total amount of taxes, interest, penalty and administrative costs which are a charge upon said real estate will not be accepted. NO PERSONAL CHECKS WILL BE ACCEPTED IN PAYMENT OF BID.

METHOD OF SALE
The Board of County Commissioners of Duchesne County has determined the following method of sale best meets the objectives of protecting the financial interests of the delinquent property owner and collecting delinquent property taxes due:  The highest bid amount for the entire parcel of property. However, a bid may not be accepted for an amount which is insufficient to pay the taxes, penalties, interest and administrative costs. Any amount received in excess of the taxes due to all local governments and any administrative costs by the County shall be treated as surplus property and paid to the State Treasurer.

DUCHESNE COUNTY TAX SALE RULES
1.    Duchesne County prohibits collusive bidding which has been interpreted to mean any agreement of understanding reached by two or more parties that in any way alters the bids the parties would otherwise offer absent the agreement or understanding.
2.    Any person or persons who would be in a position of conflict of interest shall not be permitted to bid for any tax sale properties.
3.    A bidder shall pre-register prior to bidding and be given a number for bidding purposes. In the registration, bidder shall properly and clearly identify correct information and address for use in issuance of deeds.
4.    If the amount of taxes due are $200.00 or more a fee in the amount of 5% of the total amount of taxes, penalty and interest will be assessed for "administrative costs" with a minimum of $78.00 per parcel with an additional of $2.00 for preparation of the deed and $10.00 for the recording of the deed as per Utah Code 59-2-1351.1.9d and be it further resolved said fee be added to the taxes, penalties and interest outstanding on each delinquent property to cover a proportional share of the costs of such administration.
5.    If the amount of taxes due are less than $200.00 a fee in the amount of $38.00 per parcel with an additional of $2.00 for preparation of the deed and $10.00 for the recording of the deed as per Utah Code 59-2-1351.1.9d and be it further resolved said fee be added to the taxes, penalties and interest outstanding on each delinquent property to cover a proportional share of the costs of such administration.
6.    The period to redeem property prior to the closing of the books and the beginning of the Tax Sale shall end on May 24th, 2000 at 5:00 P.M.
7.    The County Clerk-Auditor shall withdraw from the tax sale any properties that have been redeemed prior to the closing of the books on May 24th, 2000, at 5:00 P.M.
8.    If the County Clerk-Auditor discovers before the tax sale that because of an irregular or erroneous act or assessment, legal description or amount due, said property should not be sold. The clerk-auditor may not sell the property, and the county legislative body shall cause the tax records to reflect the correction in the next succeeding year.
9.    If the county auditor, subject to approval by the county legislative body, issues a written finding that it may be in the best interest of the public to withdraw a property from the tax sale, the county clerk-auditor may withdraw the property from the sale.
10.    Loud whispering, yelling or talking, other than bids, must be avoided so that accurate records may be kept of the proceedings of the sale.
11.    The County Clerk-Auditor will state the amount of taxes, penalties, interest, and administrative costs on the parcel being offered for sale, which is the amount at which bidding will begin and the lowest acceptable bid.
12.    The bidder first recognized by the County Clerk-Auditor will be the first bid recorded, etc. As in any auction, the bid recognized is the one in effect at the time.
13.    Upon receipt of a bid sufficient to pay taxes, penalties, interest and administrative costs on the parcel, higher bids shall be solicited in no less than $10.00 increments. The bid received in the highest dollar amount, when no higher bids are tendered upon request by the Clerk-Auditor, shall be the bid accepted (if such bid is otherwise acceptable under these rules).
14.    The final bid number announced by the Clerk-Auditor is the official sale, and the previously registered name and address will be the name that will go on the deed.
15.    The County Commission may reject any and all bids on the grounds that none is acceptable.
16.    Once the County Clerk-Auditor has offered for sale all properties on the tax sale list all remaining properties that did not receive a bid shall be struck and become property of Duchesne County.
17.    Once the County Clerk-Auditor has closed the sale of a particular parcel of property as a result of accepting a bid on a parcel, the successful bidder or purchaser of the property may not unilaterally rescind the bid. The county legislative body, after acceptance of a bid, may enforce the terms of the bid by obtaining a legal judgment against the purchaser in the amount of the bid, plus interest and attorney's fees.
18.    Only Cash or Certified Funds will be accepted in payment for property. Payment shall be made to the County Treasurer on or before 5:00 P.M. the day of the sale.
19.    One deed, and only one deed, will be issued to the successful bidder on each parcel sold.
20.    Any person wishing to contest any action taken in connection with the Tax Sale must present such protest to the Duchesne County Commissioners, in writing, within ten (10) days of the sale.
21.    All bids shall be considered conditional, whether or not the bid is contested, until reviewed and accepted by the Board of County Commissioners, acting at a regularly scheduled meeting after the above said 10 day protest waiting period. Once the tax sale has been reviewed by the Board of County Commission said sale shall be ratified.
22.    Upon ratification of the tax sale the County Clerk-Auditor shall prepare the tax deeds and deliver said deeds to the County Recorder.
23.    Upon receiving the tax deeds the County Recorder shall record all said deeds and mail to property owners.
24.    Any property listed may be subject to a roll-back tax under the provisions of "THE FARMLAND ASSESSMENT ACT", Utah Code Section 59-2-501 thru 59-2-515.

Motion: Commissioner Kappen motioned to adopt Resolution 00-08, Commissioner Thayne second, the motion carried. Roll Call Vote: All Commissioner Aye.

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

Diane Freston Clerk/Auditor presented vouchers #68010 to #68063 totaling $98,137.11 for approval.

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

Tax Adjustments - Treasurer

Serial/Account	Year	Debit/Credit	Comment
009012653	1999	-$884.81	Tax State Assessed
99-0522		-$17.68	Penalty

Motion: Commissioner Kappen motioned approve the tax adjustments presented by the Treasurer, Commissioner Thayne second, the motion carried. Roll Call Vote: All Commissioner Aye.

Tax Adjustments - Asessor

Serial/Account	Year	Debit/Credit	Comment
HT-91-0106	2000	-$44.88	Pd on mobile home twice
058YXU	2000	-$150.00	Pd on motor vehicle twice

Motion: Commissioner Kappen motioned to approve the tax adjustments presented by the Assessor, Commissioner Thayne second, the motion carried. Roll Call Vote: All Commissioners Aye.

Tax Adjustments - Auditor

Parcel #	1999	1998	1997	1996	1995	Total
00-001-1712	$0.00	$0.00	$17.82	$17.61	$41.10	$76.53
Penalty	$0.00	$0.00	$10.00	$10.00	$30.00	$50.00
Interest	$0.00	$0.00	$6.88	$9.86	$33.97	$50.71
Total	$0.00	$0.00	$34.70	$37.47	$105.07	$177.24
00-012-7005	$0.00	$0.00	$9.09	$8.98	$23.88	$41.95
Penalty	$0.00	$0.00	$10.00	$10.00	$30.00	$50.00
Interest	$0.00	$0.00	$4.72	$6.78	$25.74	$37.24
Total	$0.00	$0.00	$23.81	$25.76	$79.62	$129.19
00-012-7344	$0.00	$0.00	$9.09	$8.98	$23.88	$41.95
Penalty	$0.00	$0.00	$10.00	$10.00	$30.00	$50.00
Interest	$0.00	$0.00	$4.72	$6.78	$25.74	$37.24
Total	$0.00	$0.00	$23.81	$25.76	$79.62	$129.19
00-012-7443	$0.00	$0.00	$9.09	$8.98	$23.88	$41.95
Penalty	$0.00	$0.00	$10.00	$10.00	$30.00	$50.00
Interest	$0.00	$0.00	$4.72	$6.79	$25.76	$37.27
Total	$0.00	$0.00	$23.81	$25.77	$79.64	$129.22
00-012-7492	$0.00	$0.00	$9.09	$8.98	$23.88	$41.95
Penalty	$0.00	$0.00	$10.00	$10.00	$30.00	$50.00
Interest	$0.00	$0.00	$4.72	$6.79	$25.76	$37.27
Total	$0.00	$0.00	$23.81	$25.77	$79.64	$129.22
00-012-8037	$0.00	$0.00	$9.15	$9.04	$24.08	$42.27
Penalty	$0.00	$0.00	$10.00	$10.00	$30.00	$50.00
Interest	$0.00	$0.00	$4.74	$6.81	$25.86	$37.41
Total	$0.00	$0.00	$23.89	$25.85	$79.94	$129.68
00-012-8813	$0.00	$0.00	$9.09	$8.98	$23.88	$41.95
Penalty	$0.00	$0.00	$10.00	$10.00	$30.00	$50.00
Interest	$0.00	$0.00	$4.72	$6.79	$25.76	$37.27
Total	$0.00	$0.00	$23.81	$25.77	$79.64	$129.22
00-013-2609	$0.00	$0.00	$9.15	$9.04	$24.08	$42.27
Penalty	$0.00	$0.00	$10.00	$10.00	$30.00	$50.00
Interest	$0.00	$0.00	$4.74	$6.81	$25.86	$37.41
Total	$0.00	$0.00	$23.89	$25.85	$79.94	$129.68
00-018-7330	$0.00	$0.00	$9.15	$9.04	$24.08	$42.27
Penalty	$0.00	$0.00	$10.00	$10.00	$30.00	$50.00
Interest	$0.00	$0.00	$4.74	$6.81	$25.86	$37.41
Total	$0.00	$0.00	$23.89	$25.85	$79.94	$129.68
00-018-8023	$0.00	$0.00	$6.10	$6.03	$20.40	$32.53
Penalty	$0.00	$0.00	$10.00	$10.00	$30.00	$50.00
Interest	$0.00	$0.00	$3.98	$5.73	$24.10	$33.81
Total	$0.00	$0.00	$20.08	$21.76	$74.50	$116.34
00-018-8361	$0.00	$0.00	$6.10	$6.03	$20.40	$32.53
Penalty	$0.00	$0.00	$10.00	$10.00	$30.00	$50.00
Interest	$0.00	$0.00	$3.98	$5.73	$24.10	$33.81
Total	$0.00	$0.00	$20.08	$21.76	$74.50	$116.34
00-018-8379	$0.00	$0.00	$6.10	$6.03	$20.40	$32.53
Penalty	$0.00	$0.00	$10.00	$10.00	$30.00	$50.00
Interest	$0.00	$0.00	$3.98	$5.73	$24.10	$33.81
Total	$0.00	$0.00	$20.08	$21.76	$74.50	$116.34
00-019-0383	$0.00	$0.00	$6.10	$6.03	$20.40	$32.53
Penalty	$0.00	$0.00	$10.00	$10.00	$30.00	$50.00
Interest	$0.00	$0.00	$3.98	$5.73	$24.10	$33.81
Total	$0.00	$0.00	$20.08	$21.76	$74.50	$116.34
00-019-1391	$0.00	$0.00	$6.10	$6.03	$20.40	$32.53
Penalty	$0.00	$0.00	$10.00	$10.00	$30.00	$50.00
Interest	$0.00	$0.00	$3.98	$5.73	$24.10	$33.81
Total	$0.00	$0.00	$20.08	$21.76	$74.50	$116.34
00-019-0409	$0.00	$0.00	$6.10	$6.03	$20.40	$32.53
Penalty	$0.00	$0.00	$10.00	$10.00	$30.00	$50.00
Interest	$0.00	$0.00	$3.98	$5.73	$24.10	$33.81
Total	$0.00	$0.00	$20.08	$21.76	$74.50	$116.34
00-019-7644	$0.00	$0.00	$6.10	$6.03	$20.40	$32.53
Penalty	$0.00	$0.00	$10.00	$10.00	$30.00	$50.00
Interest	$0.00	$0.00	$3.98	$5.73	$24.10	$33.81
Total	$0.00	$0.00	$20.08	$21.76	$74.50	$116.34
00-019-9152	$0.00	$0.00	$6.10	$6.03	$20.40	$32.53
Penalty	$0.00	$0.00	$10.00	$10.00	$30.00	$50.00
Interest	$0.00	$0.00	$3.98	$5.73	$24.10	$33.81
Total	$0.00	$0.00	$20.08	$21.76	$74.50	$116.34
00-019-9376	$0.00	$0.00	$6.10	$6.03	$20.40	$32.53
Penalty	$0.00	$0.00	$10.00	$10.00	$30.00	$50.00
Interest	$0.00	$0.00	$3.98	$5.73	$24.10	$33.81
Total	$0.00	$0.00	$20.08	$21.76	$74.50	$116.34
00-020-2527	$0.00	$0.00	$6.10	$6.03	$20.40	$32.53
Penalty	$0.00	$0.00	$10.00	$10.00	$30.00	$50.00
Interest	$0.00	$0.00	$3.98	$5.73	$24.10	$33.81
Total	$0.00	$0.00	$20.08	$21.76	$74.50	$116.34

Motion: Commissioner Kappen motioned to approve the tax adjustments presented by the Auditor, Commissioner Thayne second, the motion carried. Roll Call Vote: All Commissioners Aye.

Diane Freston Clerk/Auditor presented Department Head Timesheets for signature.

Mike Kendell - from GRF a 10-acre zone to an A/R 5 acre zone.

Clint Peatross was present to represent Mike Kendell. Clayton explained that this zone change is preliminary to a plat amendment.

Motion: Commissioner Kappen motioned to approve the zone change for Mike Kendell from GRF a 10-acre zone to an A/R 5 acre zone, Commissioner Thayne second, the motion carried. Roll Call Vote: All Commissioners Aye.

Discussion of Ordinance 00-159 - Roger Holfeltz
Mr. Holfeltz was not able to attend today's meeting, Raymond Hardman will talk in his place. Mr. Holfeltz and Mr. Hardman have revised Ordinance 00-159 and would like to have it reviewed by the Commission and Deputy County Attorney Roland Uresk. Mr. Hardman, the Commission and Georg Adams, Emergency Management Director discussed some of the changes made in proposed revision.

Motion: Commissioner Kappen motioned to take two weeks to review the proposed revision and bring it back on the agenda, Commissioner Thayne second, the motion carried. Roll Call Vote: All Commissioners Aye.

Adjournment: 2:07 PM

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