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 JULY 10, 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, Supervisor Doug Nielsen. Sue Coleman, Roger Holfeltz, Clayton Chedister, Clinton Peatross, Russ Hillman from Chris Cannon's Office, Shelley and Mike Brennan, Shirley Anderson, Joe Steed.

Prayer: Commissioner Kappen
Pledge of Allegiance

Minutes: Minutes for July 3, 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 stated that flash floods last week washed out parts of Wells Draw, (part of Nine Mile Canyon) and also parts of Antelope Canyon leaving large gulleys down the sides of the road in some places. Road damage will need to be repaired.

The road department will be working next on the road by Jr. Tidwell's home for one (1) mile to Lynn Haslem's for now.

The commission discussed with Doug the road running East and West through Altonah (#115) being in need of overlay especially from Miles Bike Shiner's to Fishers. The overlay would cost about $20,000.00 per mile. It was suggested that possibly the road could be started soon and finished in early September.

Commissioner Kappen mentioned that he had visited with Kimball Young from Lewis Young Robertson & Burningham, Inc. about our B-Road loan money and the projects it could be used on. The money can be used for any road project. The Special Service District also has budgeted this year $400,000.00 of which $100,000.00 is obligated for roadwork. If the Special Service district would agree to pay for the chipped oil we could chip 35 miles of road for $100,000.00. Doug plans to chip the first two weeks of August and is not sure he can fit (time wise) the work on the Altonah road.

Roger Holfeltz reported that the bridge on 17,000 west, north of his home is being beat to death by equipment and is in need of repair. Roger also mentioned that the road from Bluebell to Roosevelt by the power substation off the big grade has had post markers mowed over for quite a stretch of road.

Valle-del-Padre Extension - Jensen Family Final Plat Approval  Clayton Chidester from the Planning & Zoning Office presented the final plat for Valle-del-Padre Extension - Jensen Family Final Plat located in Sec 25&26, T3S, R9W. The appropriate signatures have been acquired and the Planning and Zoning Commission has approved this plat.  Motion: Commissioner Kappen motioned to approve the Final Plat for Valle-del-Padre Extension - Jensen Family, Commissioner Ross second, the motion carried. Roll Call Vote: All Commissioners Voting Aye.

Recommendation of Proposed Subdivision Ordinance
Clayton Chidester presented some recommended additions to the subdivision ordinance stating that he felt that provisions needed to be made for subdivision 20 acres or less to have adequate water. Commissioner Ross said he was concerned about this also and stated that at some point of time this would be a problem. Unless we tighten our ordinance citizens in the future will want the county to furnish water and roads, which should be the responsibility of the subdivider. After some discussion it was decided that the Commission would schedule a public hearing for August 7th at 2:00 PM in the Commission Chambers and instructed the clerk to make this the last item on the agenda that day.   Motion: Commissioner Kappen motioned to set a public hearing for August 7th at 2:00 PM for the purpose of revising the subdivision ordinance. Public notices will be advertised for three weeks. Commissioner Ross second, the motion carried. Roll Call Vote: All Commissioners Voting Aye.

Lease Agreement with Northeastern Counseling
This item will be moved to July 17, 2000 Commission Meeting.

Disposition of Mental Health Trailer
Commissioner Kappen stated that he had visited with Northeastern Counseling and they had agreed to pay $2,700.00 for the Mental Health Trailer in as much as they were using it. Commissioner Ross motioned that Duchesne County sell the Mental Health Trailer to Northeastern Counseling for the agreed price amount of $2,700.00. Commissioner Kappen Second, the motion carried. A bill of sale will be prepared by the Clerk-Auditor's Office. Roll Call Vote: All Commissioners Voting Aye.

Resolution Annexing Property into the Duchesne County Upper Country Water Improvement District  The following resolution was presented to the Commission for annexation of Gary and Jackie Bird Residence at 13270 West 6000 North (Altonah) into the Upper Country Water Improvement District. Gary and Jackie Bird made the request on June 27, 2000 to the water district.

RESOLUTION NO. 00-16
A RESOLUTION DECLARING THAT IT IS IN THE BEST INTEREST OF THE AREA AND THE RESIDENTS CONCERNED THAT THE DUCHESNE COUNTY UPPER COUNTRY WATER IMPROVEMENT DISTRICT BE ENLARGED AND EXTENDED BY THE ANNEXATION OF A TRACT OF LAND ADJACENT THERETO AND PROVIDING THAT NOTICE OF INTENTION BE PUBLISHED FIXING THE TIME AND PLACE OF HEARING FOR ALL PERSONS TO BE HEARD RELATIVE TO SAID ANNEXATION.

WHEREAS, the Board of County Commissioners of Duchesne County, state of Utah, in its regular session assembled this 10th day of July 2000, did receive written petition made and executed by property owners of an area adjacent to the Duchesne County Upper Country Water Improvement District; and,

WHEREAS, the petition prays that property adjacent to the District be annexed to the Duchesne County Upper Country Water Improvement District; and,

WHEREAS, the provisions of Title 17A, Chapter 2, Utah Code Annotated, (1953) as amended (particularly Section 17A-2-332 and 17A-2-333) provided the procedure whereby areas can be annexed to this District.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF DUCHESNE, STATE OF UTAH:

Section 1: That the public health, safety and convenience will be enhanced by the extension of the boundaries of the Duchesne County Upper Country Water Improvement District and the annexation of the following described area into the said District, to wit:

Township 1 South, Range 3 West Uintah Special Meridian
Sec 17:  Serial No.: 00-027-3619/0679-0002  6185 N 13250 W, BEG FROM NW COR SW4SE4, TH E 1070 FT, TH S 348.5 FT, TH E 250 FT, TH S 311.5 FT, TH W 1320 FT, TH N 660 FT TO BEG.

Section 2: The area and the property owners and residents thereof, when and if annexed into the Duchesne County Upper Country Water Improvement District, Shall be entitled to and subject to the same privileges, obligations and restrictions as the area and the property owners and residents now embraced within the said District which has heretofore been created by this honorable body. This area sought to be annexed into and included within the District shall be governed by the Board of Trustees of the District to the same extent as the District as it now exists.

Section 3: The Board of County Commissioners of Duchesne County, State of Utah, will meet in official meeting at the Duchesne County Building on August 14, 2000, at the hour of 2:00 PM (such time being not more that forty (40) nor less that twenty-one (21) days after the first publication of the Board's notice of its intention to annex an area to the Duchesne County Upper Country Water Improvement District), at which time all interested parties may appear before the Board of County Commissioners and be heard either in support of, or in opposition to the said annexation. Any taxpayer within the District to the area proposed to be annexed to the District may, on or before said date of hearing above mentioned, submit a written protest against the proposed annexation to the District, signed by the taxpayer, which protest shall be filed with the County Clerk of Duchesne County. Any such written protest should indicate the reason for, provided for by Section 17A-2-304, Utah Code Annotated (1953), as amended, and all other laws pertaining thereto.

This Resolution passed by a vote of 3 in favor, 0 opposed, 0 absent, this 10th day of July 2000.

Motion: Commissioner Kappen motioned to pass resolution for annexation and set August 14, 2000 at 2:00 PM as a public hearing date. Commissioner Thayne asked if there was enough water to supply this residence. Commissioner Kappen answered yes. Commissioner Ross second, the motion carried. Roll Call Vote: All Commissioners Voting Aye.

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

Diane Freston Clerk/Auditor presented vouchers #69245 to #69347 totaling $186,237.79 for approval.  Motion: Commissioner Ross motioned to approve the Vouchers, Commissioner Kappen second, the motion carried. Roll Call Vote: All Commissioners Voting Aye.

Tax Adjustments - Assessors Office

Serial/Account	Year	Debit/Credit	Comments
044588Dist21	2000	-$110.00	Computer duplication error
044589Dist91	2000	-$110.00	Computer duplication error
044590Dist21	2000	-$10.00	Computer duplication error
044591Dist02	2000	-$150.00	Computer duplication error

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

Leann Stewart, Deputy Clerk-Auditor presented the Commissioners with Department Head timesheets for their signatures.

Utah Mini Ranches - Joe Steed - Proposal for Approximately 150 Lot Subdivision.   Joe Steed presented the commission with the following letter:

JULY 10, 2000

DUCHESNE COUNTY BOARD OF COMMISSIONERS
MEETING - JULY 10, 2000

RE: UTAH MINI RANCHES

SUBJECT:

(A)    HIGHLAND DEVELOPMENT, INC. REQUEST THAT THE BOARD ALLOW THE DEVELOPMENT OF PHASE II, WHICH WILL CONSIST OF APPROXIMATELY 150 LOTS, INSTEAD OF 50 LOTS.

(B)    WE REQUEST THAT THE BOARD WAIVER THE REQUIREMENT OF AT LEAST 50% OF PHASE I BEING SOLD BEFORE THE DEVELOPMENT AND MARKETING OF PHASE II.

THE BOARD'S CONSIDERATION IS APPRECIATED.

HIGHLAND DEVELOPMENT, INC.

Clinton Peatross and Joe Steed were present to discuss some issues pertaining to the number of lots permissible in a sub-division and other rules as they apply to Utah Mini Ranches. The Commissioners were concerned about adequate water and asked about fire protections and if an agreement could be made with Duchesne City for culinary water and fire hydrants.

Mr. Steed asked if the water issue was taken care of would the commission approve the subdivision.

Motion: Commissioner Ross motioned to allow Mr. Steed to go to Phase II in the southeast area of the property which will relieve Mr. Steed from having to sell not less that 50% of the original 50 lots in Phase I and thereby allowing Mr. Steed to move forward to obtain an adequate water supply to the whole subdivision of Utah Mini Ranches. Commissioner Kappen second, the motion carried. Roll Call Vote: All Commissioners Voting Aye.

The Commissioners recognized Mr. Russ Hillman from Chris Cannon's Office who was present to observe commission meeting.

Executive Session - Personnel

Motion: Commissioner Ross motioned to go into executive session to discuss personnel issues, Commissioner Kappen second, the motion carried. Roll Call Vote: All Commissioners Voting Aye.

Motion: Commissioner Kappen motioned to come out executive session when the discussion of personnel issues was concluded, Commissioner Ross 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, Judy Mutton, Personnel Director, Roger Holfeltz, Shelley and Mike Brennan.

Regular Meeting Reconvened 3:00 PM

Motion: Commissioner Kappen motioned to abolish the position of Executive Secretary stating that the position as not worked out and there is not sufficient work to keep the Executive Secretary busy. Commissioner Ross second.

Shelley Brennan stated: "I want to go on record to say that in my opinion the way you guys handled this was un-fair and shitty."

Commissioner Thayne stated: "I have to admit that there was some fault on our side too in the way we handled the situation. All in favor, I'm voting nay because of the way we handled it. I believe that this position should be abolished but I feel it should have been handled better. The motion carried. Roll Call Vote:  Commissioners Ross and Kappen Voting Aye, Commissioner Thayne voting Nay.

Mike Brennan asked: "What does this abolish Guy?"

Commissioner Thayne said: "Executive Secretary/Assistant Clerk-Auditor."

Mike Brennan asked: "So you've abolished the Executive Secretary but she still has the position of Deputy Clerk-Auditor?"

Diane Freston answered: "Not really, the original position was based on the Commissioners needs." (Note) The only reason the Clerk is involved is because by law the County Clerk must take the minutes of the commission or cause someone to do it.

Roger Holfeltz stated: "You got rid of half of the position, but the other half is still there"

Commissioner Thayne said: "We can abolish the Executive Secretary position but not the Deputy Clerk-Auditor position because we still have Deputy Clerk-Auditor's."

Judy Mutton stated; "The part of the position of Deputy Clerk-Auditor had to do with the work the Clerk had to do with the Commission."

Shelley Brennan's reply: "If you think that after the way you guy's have treated me that I will not say anything about it you better think again" and stated that she wanted an official copy of the tape of the minutes and executive session.

Motion: Commissioner Ross motioned (to amend the original motion) to abolish the position of Executive Secretary to that of Executive Secretary/Deputy Clerk-Auditor, the total position, Commissioner Kappen Second, effective immediately with the said employee receiving two weeks severance pay. The motion carried. Roll Call Vote: Commissioners Ross and Kappen Voting Aye, Commissioner Thayne voting Nay.

Motion to adjourn.

Adjournment: 3:35 PM

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