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 JUNE 19, 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:  Diane Freston County Clerk/Auditor, Shelley Brennan Executive Secretary, Clerk/Auditor's Office Taking Minutes, Supervisor Doug Nielsen. Sue Coleman, Roger Holfeltz, Beverly Park, Regina Burnhurst, Heidi Kennelly, Alma Richens, Marty Noel, Wanda Durham, Terry Stringham, Kenneth Wilkinson

Prayer: Commissioner Ross
Pledge of Allegiance

Minutes: Minutes for June 12, 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 a Cooperative Agreement for design and construction of the Strawberry River Bridges 4, 5, 6 and 7, project # BRO-LC13(2)1. This modification modifies agreement No. 998178. The County's portion of the project $300,631.63, the County currently has $52,399.00 on deposit with the Utah Department of Transportation, leaving $248,232.63 owing. A check for the balance owing needs to be sent with the signed copies of the Agreement.

Motion: Commissioner Kappen motioned to approve the Cooperative Agreement and have a check cut for $248,232.63 and sent to UDOT, Commissioner Ross second, the motion carried. Roll Call Vote: All Commissioners Voting Aye.

Supervisor Nielsen has been contacted by Joe Bistriski with the Forest Service, Joe would like to set a time when the Commission could look at the North Fork River Road.

Commissioner Ross informed Supervisor Nielsen that the Commission has scheduled a tour with Joe, for June 27 at 9:00 am. The Commission would like Supervisor Nielsen to go with them. The Commission thought it would be convenient to look at the North Fork River Road then.

The Commission asked Supervisor Nielsen what he had found out about the ATV laws. Supervisor Nielsen said he was still working on it.

Discussion of Roads in Pinon Ridge - Roger Grimaud
Marty Noel and Wanda Durham were present to discuss the roadwork that was done in the Pinon Ridge area. In Commission meeting held May 08, 2000 a group of people from the Pinon Ridge/Pinon Retreat area were in attendance to request some road improvements in that area. A committee consisting of Stan Wardle, Merv Wardle, Diane Kramer, Roger Grimaud, Lois Bentley, and Colene Dumas was established to work with Supervisor Nielsen to prioritize the roads in that area. Marty Noel reported that Stan Wardle, who was Supervisor Nielsen's contact person, was not getting input from other committee members. Roger Grimaud, has tried several times to contact Mr. Wardle, and has left messages on his answering machine. Mr. Wardle has not returned any of Mr. Gimaud's phone calls or anyone else who has left messages for him concerning the Committee and the road issues.

Supervisor Nielsen said that they started where they had left off the last time they improved the roads in that area. Supervisor Nielsen met with Mr. Wardle and discussed what was to be done and he was in agreement with the plan.

The Commission suggested that they get in touch with the other committee members if they are not happy with Mr. Wardle then they should get someone else, and settle their differences and organize themselves.

Commissioner Ross stated that he has been to visit the area since the Road Department was there and some of the roads where really wash boardy. Commissioner Ross stated that when gravel is laid on steep or difficult areas that water be applied and compacted for a better surface. Supervisor Nielsen stated the road had been watered before placing the gravel on.

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

Diane Freston Clerk/Auditor presented vouchers #68943 to #68993 totaling $449,147.14 for approval.  Motion: Commissioner Ross moved to accept the vouchers, Commissioner Kappen second, the motion carried. Roll Call Vote: All Commissioners Voting Aye.

Tax Adjustments - Treasurers Office

Serial/Account	Year	Debit/Credit	Comments
032-6950	2000	-$9.14	Road right-of-way assessed in error

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

Final Plat Approval for River Breeze Estates - Kenneth Wilkinson  Clayton Chidester presented the final plat for River Breeze Estates, Kenneth Wilkinson. Mr. Wilkinson developed a water well for the four lots and the roads have been approved by Supervisor Nielsen. The Planning and Zoning Commission has approved this plat.  Motion: Commissioner Ross motioned to approve the Final Plat for River Breeze Estates, Commissioner Kappen second, the motion carried. Roll Call Vote: All Commissioners Voting Aye.

Signature of Lease Agreement with Tri County Health Department  The Commission reviewed the Lease Agreement with Tri County Health Department.

AMENDMENT TO LEASE AGREEMENT
This agreement made between Duchesne County as lessor and Tri-County Health Department as lessee.

RECITALS
WHEREAS Duchesne County entered into a lease agreement with Tri-County Health Department for the lease of certain premises located in the old county courthouse building at 100 South Center Street, Duchesne, Utah in April, 1998 and said lease agreement continuing annually, and

WHEREAS lessee is not utilizing four hundred square feet of said premises, and

WHEREAS lessor desires to and agrees to reduce the amount of square footage rented to lessee, and

WHEREAS the parties lessor and lessee desire to amend the original agreement to reflect the reduction in space, and

WHEREAS it is in the best interest of all parties to reduce said amendment to writing as set forth below.

SECTION ONE
AMENDMENT
Section One, a description of Lease Premises, of the original lease shall be amended to read as follows: Lessor leases to lessee and lessee leases from lessor the space in the old county courthouse building located at 100 South Center Street in Duchesne, Utah, said leased premises shall be a total of 1226 square feet.

SECTION TWO
EFFECTIVE DATE
This amendment to the original lease agreement shall be effective as of June 1, 2000.

SECTION THREE
PRIOR AGREEMENT
All other terms and conditions of said lease not amended by this agreement shall remain in full force and effect.

Motion: Commissioner Kappen motioned to approve the amendment to the lease agreement with Tri County Health Department, Commissioner Ross second, the motion carried. Roll Call Vote: All Commissioners Aye.

Terry Stringham was present to introduce himself as the new State Fire Warden for our area. He talked with the Commission about the extreme fire hazards with this year being so dry. He also expressed the need for additional part time help during this season.

Commissioner Kappen suggested that the Commission take a few weeks to review the budget and determine if there is funding for a part time fire crewmember. Commissioner Ross would like to have Terry provide in writing exact costs of the part time crewmember and what the State will be contributing. Terry said that was not a problem he would get the information together.

Motion: Commissioner Kappen motioned to take two weeks to review the budget and determine if there is funding for a part time fire crewmember, Commissioner Ross second, the motion carried. Roll Call Vote: All Commissioners Voting Aye.

Kenneth Wilkinson joined the meeting and requested that the Commission come and look at the roads he built for the subdivision that was just approved. He feels that the improvements to the road that Supervisor Nielsen required before he would approve them were ridiculous and unnecessary. The additional improvements cost him about $15,000.

Commissioner Ross stated that the standards for new sub-division roads were previously imposed under the direction of the Commission. Supervisor Nielsen is using minimal UDOT standards.

Discussion of Litigation - Executive Session - Roger Holfeltz  Motion: Commissioner Kappen motioned to go into executive session to discuss litigation matters with Roger Holfeltz, Commissioner Ross second, the motion carried. Roll Call Vote: All Commissioners Voting Aye.

Motion: Commissioner Ross motioned to come out executive session when the discussion of litigation matters with Roger Holfeltz was concluded, Commissioner Kappen second, the motion carried. Roll Call Vote: All Commissioners Voting Aye.

Executive Session 2:30 PM
Present Commissioner Thayne, Commissioner Kappen, Commissioner Ross, Clerk/Auditor Diane Freston, Executive Secretary Shelley Brennan and Roger Holfeltz.

Regular Meeting Reconvened 2:45 PM

Final Plat Approval for Taylor Subdivision - Dennis Taylor
Dennis Taylor, Diane Saltas, Susan Hamilton, and Clayton Chidester were present to discuss the final plat for Taylor Subdivision. Clayton reported that this is one of the dry subdivisions that were in the process before the Dry Subdivision Moratorium was adopted. All the requirements have been met and the Planning and Zoning Commission have approved this.

Motion: Commissioner Ross motioned to approve the Final Plat for Taylor Subdivision Commissioner Kappen second, the motion carried. Roll Call Vote: All Commissioners Voting Aye.

Motion: Commissioner Kappen motioned to go into Executive Session to discuss Personnel Issues, Commissioner Ross second, the motion carried. Roll Call Vote: All Commissioners Voting Aye.

Motion: Commissioner Ross motioned to go out of Executive Session at the conclusion of the discussion of Personnel Issues, Commissioner Kappen second, the motion carried. Roll Call Vote: All Commissioners Voting Aye.

Executive Session 3:00 PM
Present: Commissioner Thayne, Commissioner Kappen, Commissioner Ross, Clerk/Auditor Diane Freston, Executive Secretary Shelley Brennan, and Personnel Director Judy Mutton.

Regular Session Reconvened 3:30 PM

Commissioner Thayne suggested that we approve the hire for West Justice Court Clerk, and ask for a written response from Judge Poulson, concerning his relationship with the father of the hiree.

Commissioner Ross felt that we needed to get the written response before hand. And would like to have the questions come from the Personnel office.

Motion: Commissioner Kappen motioned to approve Stephanie Swasey be hired as the West JP's clerk upon receiving a written statement from Judge Clair Poulson as to a possible conflict with Doug Swasey being his business partner, Commissioner Ross second, the motion carried. Roll Call Vote: All Commissioners Voting Aye.

The Commissions position as to the discussion of litigation with Bill Garza is that the County is not at fault in any way with the case and do not feel that a settlement is necessary.

Adjournment: 3:50 PM

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