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 17, 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, Raymond Hardman, Beverly Park, Regina Burnhurst, Daryl Mecham, Dixie Jones, Dale and Linda Gines, Ed and Elna Curry, Mac Reber, Jean Liddell KNEU Radio Station, Lezlee Whiting Uintah Basin Standard.

Prayer: Commissioner Thayne
Pledge of Allegiance

Disclosure Statement - Herb Gillespie
County Attorney Herb Gillespie presented a personal Disclosure Statement, pertaining to he & Ed Peterson, to the Commission. Ed Peterson has been helping Herb with a case involving a methamphetamine lab. Herb is still receiving information from the County's insurance Attorney's in the case of Ed Peterson and others involved who claim that horses were killed due to the County's spraying activities. Herb would like all the information sent to the Commission, and have them represent the County's interest in this case. Herb feels this is a conflict of interest for him.

Minutes: Minutes for April 10, 2000 were read.  Commissioner Ross asked if the advertising for the free dump day has been taken care of. Supervisor Nielsen said that notice has gone to the paper, the radio stations, and a letter sent to each City and Town in the County.

Commissioner Thayne asked Supervisor Nielsen if the signs for the Gateway Senior Center in Duchesne was taken care of. Supervisor Nielsen said he has the signs ordered. The Commission would like to have signs for the Crossroads Senior Center in Roosevelt as well. Supervisor Nielsen will take care of it.

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

Road Issues - Supervisor Nielsen
Supervisor Nielsen has received the following letter from Altamont City:

April 13, 2000

Doug Nielsen
Duchesne County Road Dept.
Duchesne, Utah 84021

Dear Mr. Neilson:

The Town of Altamont is requesting help from Duchesne County Road Department to pave 500 ft. of street. When Doug Curry spoke to you, you indicated that it would be done for the $10.00 per ton. 200 tons would be needed for the street and approximately another 100 tons to round off the corners of the streets within the Town. The cost of the project for the Town would be approximately $3,000.00. The Town is requesting use of the Duchesne county Road Departments equipment to do the project.

The Council would like to take this opportunity to thank you for all the help the county has given the Town in helping to pave streets, it has certainly improved the appearance of our Town.

Thank You
Altamont Town Council

The Commission and Supervisor Nielsen discussed the request. Supervisor Nielsen stated that it would take 12 loads for 300 tons.

Motion: Commissioner Ross motioned to approve the request for 300 tons of tar sands @ $10.00 per ton and use of County equipment from Altamont Town, Commissioner Kappen second, the motion carried. Roll Call Vote: All Commissioners Voting Aye.

Discussion on Tar Sands
Supervisor Nielsen has talked to Tony Gallegos with Division of Oil, Gas and Mining about how they would like the area, where the core samples were taken, rehabilitated. Supervisor Nielsen will have this done as soon as possible.

Motion: Commissioner Kappen motioned to send a letter to Esther Fausett as to her interest in purchasing or negotiating a price for Duchesne County's interest in the Tar Sands pit, Commissioner Ross second, the motion carried. Roll Call Vote: All Commissioners Aye.

Supervisor Nielsen informed the Commission that he has received two bids for the purchase of a new asphalt Roller for the Road Department and trade in on the old Roller.

Wheeler Machinery CB534C Caterpillar Vibratory Asphalt Compactor $94,500.00/$13,750.00 trade in value

Cate Equipment DD90 Ingersoll - Rand  $83,345.00/$3,750.00 trade in value

Supervisor Nielsen stated that the Caterpillar has a 3 year limited warranty, it has a much better roll over protection and it has under machine exhaust. Supervisor Nielsen would like to recommend that we take the bid from Wheeler because of the warranty and the better roll over protection.

Motion: Commissioner Ross motioned to accept the bid from Wheeler for $80,750.00 (after trade-in) for a CB534C Caterpillar Compactor, Commissioner Kappen second, the motion carried. Roll Call Vote: All Commissioners Voting Aye.

Appointment to the Hanna Water & Sewer Board
Mac Reber stated that the Hanna Water & Sewer District held their elections last fall, and had all seven seats filled. One elected member resigned and their legal council informed them that Ed Curry who was elected by write in was not legal.

Roland Uresk Deputy County Attorney reviewed a letter from the Districts attorneys as to their findings in this matter.

Ed Curry stated the following: I was asked to fill out a candidacy form for the election and I decided not to do that at the time. I then received 12 write in votes at the November election. Dixie Jones the District Secretary called me two days after the election and advised me of the fact that I had been voted in as a trustee on the board as a write in. I, at that time, asked if it had been checked out as far as the legality of it and three or four times after that asked her if it was. She confirmed that everything was legal, several times. I was then sworn in as a trustee of the board, and issued a certificate dated November 15, 1999 stating that I was a trustee of the Board. On January 12, 2000 Dixie Jones called and notified me that the attorney from the bonding agency had notified her that I was not a candidate because write ins are not legal for the board. I questioned if write-ins were legal and looked in the code where I found that I may be a legal candidate. I then turned in my resignation, if in fact I was a legal candidate I did not feel I could continue on the board. I do not want to be liable for any actions the board has made because I was not in attendance to any meetings.

Roland Uresk stated that after reviewing the letters he still has not been able to make a determination on the write in candidacy. But he does not think that this is the issue today, the issue is who should appoint the new board member, the County Commission or the district board. Roland feels that the District Board themselves need to make the appointment.

Dixie Jones stated that the District has received only one resume for the advertised position and that was from Velona Fabrizio. In the last District Board meeting the Board motioned to accept the resume. Dixie then stated that when Ed asked her if he being a write-in was legal she in turn talked to Deputy Clerk/Auditor Lee Woods, Carr Printing, and Roland Uresk who were all in agreement that it was legal. According to the Districts attorney write-ins are legal but not for a special service water and sewer district.

Motion: Commissioner Kappen motioned that upon the recommendation by letter as submitted to the Commission that we have the opinion of the District to appoint Velona Fabrizio to the Hanna Water & Sewer Board if it is our position to appoint this seat, Commissioner Ross second, the motion carried. Roll Call Vote: All Commissioners Aye.

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

Diane Freston Clerk/Auditor presented vouchers #68157 to #68267 totaling $71,068.84 for approval.

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

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

Donation to Con Amore 6th Annual Fishing Day
The Commission reviewed the request received in last weeks meeting.  Motion: Commissioner Kappen motioned that due to the benefits to the County and its residents which are; students are Duchesne County residents, many of the volunteers are Duchesne County residents, if successful on the long term, many of the Con Amore students will be given the opportunity to become gainfully employed, Fishing Day is a tremendous opportunity to highlight disabled recreation facilities in the County, the majority of financial contributions are spent in businesses located with the County, Commissioner Ross second, the motion carried. Roll Call Vote: All Commissioners Aye.

Approval of Conveyance and Warrants from Uintah Basin Medical Center to Moon Lake Electric Association, the North 30.5 feet of Lot 4 and the North 30.5 feet of Lot 5, Block 7, Plat "A", Altamont City Survey.  The Commission discussed the transfer of property.  Motion: Commissioner Ross motioned to approve the Conveyance and Warrants, Commissioner Kappen second, the motion carried. Roll Call Vote: All Commissioners Voting Aye.

Ordinance 00-160 An Ordinance Adopting Temporary Restriction On Subdivision Approvals For Those Proposed Subdivision Not Having Available Culinary Water

ORDINANCE NO. 00-160
AN ORDINANCE ADOPTING TEMPORARY RESTRICTION ON SUBDIVISION APPROVALS FOR THOSE PROPOSED SUBDIVISIONS NOT HAVING AVAILABLE CULINARY WATER

WHEREAS Duchesne County has adopted a subdivision ordinance regulating the acceptance of subdivisions within the county, and

WHEREAS Duchesne County has large tracts of land that currently do not have individual existing culinary water systems, and

WHEREAS Duchesne County has approved the creation of several special service districts for the provision of water, and

WHEREAS the approval of subdivisions without existing culinary water is creating an undue demand on the resources of Duchesne County, and

WHEREAS Duchesne County is considering the adoption of a subdivision requirement for adoption of a subdivision ordinance amendment which may require subdivisions to demonstrate the availability of culinary water prior to approval, and

WHEREAS Duchesne County desires to restrict subdivision approval until this matter can be discussed fully in public hearing,

BE IT THEREFORE RESOLVED by the Board of County Commissioners for Duchesne County that:
1.    No subdivision or plat amendment shall be approved for those proposed subdivisions not having available culinary water.
2.    This ordinance shall expire upon 120 days after its adoption, which shall
provide sufficient opportunity to conduct public hearings on the issue of subdivisions and culinary water.

Motion: Commissioner Ross motioned to approve Ordinance 00-160, Commissioner Kappen second, the motion carried. Roll Call Vote: All Commissioners Voting Aye.

Discussion of Ordinance 00-159
The Commission, Georg Adams Director of Emergency Management, Mr. Holfeltz and Mr. Hardman reviewed Ordinance 00-159 and the proposed Ordinance prepared by Mr. Holfeltz and Mr. Hardman.

ORDINANCE No. 00-159
AN ORDINANCE PROVIDING FOR DISASTER RESPONSE AND EMERGENCY MANAGEMENT
The County Legislative Body of the County of Duchesne ordains as follows:

(Refer to Clerk's Office)

Motion: Commissioner Kappen motioned to take the proposal under advisement and implement those they feel will contribute to the Ordinance Commissioner Ross second, the motion carried. Roll Call Vote: All Commissioners Aye.

Discussion of Minutes - Sue Coleman
Sue Coleman expressed some concern about the minutes taken for April 3, 2000. She stated that the minutes did not show that Shirley Cameron stated that Roland was their attorney. She felt that this was a conflict of interest because Roland is the Deputy County Attorney and represents the Commission.

Roland explained that he is not their attorney; they have not hired him. When he gave them advise on what they would need to do to get a right-of-way to their property, he did so in his capacity as the Duchesne County Deputy Attorney.

Mrs. Coleman feels that it is a conflict for Roland to have his own private practice.

Roland stated that several Counties have deputy County Attorneys that work for the County and maintain private practices.

Adjournment: 3: 42 PM

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