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 JULY 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:  Diane Freston, Clerk/Auditor, Edythe Larson, Curtis Dastrup and Lyle Lemon from UBAOG, Maren Farnsworth, Georg Adams, Neil Potter, Beverly Park, Sue Coleman, Terry Stringham, Diana Stevens, Clayton Chidester (1:30 pm), Wilbur Hammond (1:35 pm), Shelley and Michael Brennan (approx. 2:00 pm), Roger Holfeltz (approx 2:00 pm)

Prayer: Diane Freston, Clerk-Auditor
Pledge of Allegiance

Minutes: Minutes for July 10, 2000 were read.  Motion: Commissioner Kappen motioned to approve the minutes with corrections, Commissioner Ross second, the motion carried. Roll Call Vote: All Commissioner Aye.

Road Items - Supervisor Doug Nielsen
Supervisor Nielsen reported on the Road Departments work schedule for the next few weeks.

1. They're on schedule with the work on road #119 - Junior Tidwell's. They are paving with tar sands and are 80% done and plan on being finished by Thursday.

2. Road #115 in Altonah by Miles Bike Shiner's about 17000 West from the intersection of Carroll Lane and #115 going east 4 miles will be overlayed with hot mix.

3. Road #115 will be paved with tar sands 4/10s of a mile across the river bottom.

4. The Moon Lake Road will be patched and then chipped.

5. The North Fork Road will be paved with tar sands on about the 15th of August. This is a cooperative effort with the Forest Service and will be paved for two (2) miles...more or less.

Commissioner Kappen wanted to discuss the reflector posts being bent by the substation on the Bluebell road east of Jenkins's. Doug felt that some of the posts were possibly caused by accidents in the area. Commissioner Kappen said that most of the reflector posts were down. All those going east are laying east and all those going west are laying west, either being knocked down from accidents or vandalism. It was decided that the damaged posts would be removed.

Doug reported on the Strawberry Bridges 6&7 Right-of-way issues. According to Tim Furlong, who is the representative negotiating the rights of ways, as of the 14th of July the Cordner family trust representative had signed the agreement with additional compensation being paid for a fence, which will be replaced after construction. Tom Golinski is in agreement with the project and documents, but prefers to wait for Vanderhooft to sign the right-of-way before he signs. The last party, Peter Vanderhooft of The Vanderhooft Family Trust is in Europe and will be back July 18. His attorney has our documents and we should get an answer soon.

Application for UDOT Encroachment Permit - Utah Mini Ranches - Joe Steed  Clinton Peatross presented an application from UDOT regarding the widening of access to the Utah Mini Ranches subdivision. The access has been approved by UDOT - they are now applying for a Right of Way Encroachment Permit with local UDOT for 100 ft. split entry before the access road off highway 40, for landscaping, they need the Commissioners signature in order to continue.

Motion: Commissioner Ross motioned that since we had already approved the access to highway 40 that we go ahead and approve a 100 ft wide encroachment permit Commissioner Kappen, second. Commissioner Thayne signed the permit. Roll Call Vote: All Commissioners Aye.

Public hearing - Plat Amendment #2
Clayton Chidester, Director of Planning and Zoning, presented for developer Wilber Hammond Plat Amendment #2 for Falcon View Ranches to amend lots #6 & #7 from 40 acre lots to 20 acre lots. Wilbur Hammond (1:35 pm) joined the meeting. The lots are next to Mountain Home Ranches and near Falcons Ledge. Mr. Hammond offered lot 7B to Mr. James Bills, owner of Falcon's Ledge, at what he felt was a reasonable price and Mr. Bills declined to purchase it. Mr. Hammond extended the cul-de-sac about a quarter of a mile in order to give all the lots access and Doug Nielsen, Road Supervisor, has approved this road. The Planning commission has also approved this subdivision. Commissioner Thayne stated that there is a lady concerned about access to her property, lot 5. According to Clayton there is access in two (2) places and an easement.

Motion: Commissioner Kappen motioned to approve the amendment. Commissioner Ross second. Roll Call Vote: All Commissioners Aye.

Arrival of Shelley and Michael Brennan (approximately 2:00 pm), and Roger Holfeltz (approximately 2:00 pm)

UBAOG - Senior Program:
Curtis Dastrup, UBAOG Director, questioned the letter sent by the commission to him concerning the Senior Program Contract for 2000-2001. Commissioner Ross asked what would happen if the County did not want to sign the AAA contract stating that the county has had concerns about how services have been provided. Commissioner Ross also stated that just because they were talking about signing or not signing contracts, does not mean that the Senior's services will be diminished.

According to Mr. Dastrup the program has always been with UBAOG, the County was contracted to provide meals on wheels, congregate meals and transportation. Right now there is no more money in the budget for transportation. All agreed that there are too many state mandates, rules, and regulations.

Mr. Dastrup also stated that there is only $221,000 total per year contract/grant money with $77,000 going to Home Health. If county opts out, UBAOG can either find another entity to fill the contract or UBAOG can provide the services. If the County does not sign a contract it does not affect the grant.

The question was raised as to the dollar amount of the contract. The amount of the original contract (1999) was $63,000, and the new contract (2000) is also for $63,000.

Commissioner Thayne brought up the fact that there had always been animosity when the county was providing the services, as it was difficult to get our reimbursement money from UBAOG. Curtis stated that: "It was a personality problem and that it should no longer be a problem as the person no longer works there". It was felt that it would be best if the County and UBAOG would work together and pull in the same direction. The Commission decided to set up a meeting to look at the audit records, financials and discuss the options.

Action: A meeting was set and advertised for Tuesday July 25th at 10:00 am in conference room #1 with the Commissioners, Curtis Dastrup, Lyle Lemon and Diane Freston.

Maren Farnsworth - 2000 Governor's Honors Academy Sponsorship:  Maren reported on the Governor's Academy, which she recently attended. According to the following letter from Maren she has asked for County sponsorship to attend the Governors Academy.

June 26, 2000

Dear County Commissioners:

My name is Maren Farnsworth, Duchesne High School Student Body President. I have been appointed by Governor Michael O. Leavitt to attend the 2000 Governor's Honors Academy held in Cedar City. As a representative for our county, I am seeking sponsorships from county and community leaders. The following is a list of my qualifications as a student leader:

2000-2001 DHS Student Body President
Girls State Representative-Nominee for Governor
1999 HOBY (Hugh O'Brian Youth Leadership) Ambassador
2000 HOBY Junior Counselor
1999-2000 DHS Student Body Activities V.P.
School involvement
Music
Drama/Speech
National History Fair-Medallist

My experiences as a youth leader have taught me how important it is to give back to the community. I have already developed two action plans that will serve others at the county level.

1. Read to Succeed. Last summer I initiated a reading program through which I have shared reading time with children at the local elementary school lunch program. While the children eat their outdoor lunches, I read to them. Statistics have shown that our county's illiteracy rate is rather high. If children learn to love reading, then they can read to succeed. I hope to expand this reading program to the county level. I can achieve this through my second plan.

2. County Youth Leadership Educational Workshop. August 22 I am arranging for keynote speakers from around the state and service activities which will include a county literacy program. Participants will be student leaders from Duchesne, Tabiona, Altamont, and Union high schools. I believe my action plan will be enhanced by other skills I will acquire at GHA.

I am requesting your financial sponsorship. If you would be willing to support me please send your donation to:     Maren Farnsworth

Cost for the Governors Academy was $650 she asked for a sponsorship of $400.  Motion: Commissioner Ross motioned to contribute $300.00, Commissioner Kappen, second. Roll Call Vote: All Commissioners Aye.

Terry Stringham - Proposal for Crew Member:  Terry Stringham presented a request for $2,700.00 for another crewmember in writing as follows:  Proposal for Crew Member for District Fire Warden's Prepared by Terry B. Stringham
Utah State Forestry Fire & State Lands.  This proposal is for a crewmember to be utilized by the District Fire Warden's for the specific county.

The Forestry Fire & State Lands provides the equipment, personal protective gear, training and the District Fire Warden. This crewmember would assist the Fire Warden in their duties within the county as well as in fire suppression efforts. The Federal Government has specific rules listed in the NWCG ( National Wildfire Coordination Group) that state a Type VI engine shall carry no less than two people, this is for safety as well as efficiency.
The breakdown of cost would be as follows:  $2,700 Base Salary (County cost, Overtime on Private land fires (County cost)
Overtime on State and Federal Fire's (State cost), Equipment (State cost), Training (State cost), Protective Clothing (State cost), Certification (State cost).

This crewmember would be utilized through the months of July through September. The work they would be doing will be a direct benefit to the county as I will be able to meet my goals and exceed them.

The State of Utah Forestry Fire and State Lands budget relies on the State Legislature. With the help of the Counties, the Legislature could appropriate more funds for the fire program, thus taking the burden off of the Counties. These county commissions need to be in contact with the legislature and make the need be known. This is the only way to free up more money to help out the counties with fire suppression.

Your help in this matter will be greatly appreciated.

Georg Adams, County Fire/Emergency Management, felt the County should support Terry in getting the State to fund a crewmember. It was not thought that it would be right to have a County employee working under a State employee due to the liability and command issues. It was also thought that the State is putting Terry in jeopardy by sending him out to control fires without another person with him.

It was noted that it cost $17,000 to get a fire, in the Mt Home, Altonah area, under control. The fire was started on private property by a campfire and crossed onto Indian land. Commissioner Thayne assisted on the south side with only one other person to help him. He said that the BIA truck on the east side did a great job, and the forest service truck that passed by the south side did not stop to help.

Commissioner Thayne asked why the State could not pay the cost of a crewmember. The State needs to be a bigger part of this. Mr. Stringham said that the cities do not want to send their volunteer departments as that would leave the city unprotected. Also the volunteer departments do not have the protective gear needed for fighting a forest/brush fire. The Commission feels that the state should fund this position. The Commission does not feel that the county should pay for additional help, nor has it been budgeted for.
Action: The Commission will, at the request of Terry, put together a position paper to the State Legislature asking for more funding for fire control through the Utah State Forestry Fire & State Lands and send it to Terry, as this is a real safety issue.

Sexually Oriented Businesses:  Commissioner Ross suggested that a hearing be scheduled and no moratorium be set at this time.  Motion: Commissioner Ross motioned to set a hearing date for Aug 14th -3 PM. Commissioner Kappen second. Roll call vote: All commissioners Aye.

Senate Bill 151 - Justice Court Accountability - AOC to Audit Justice Courts   A Memorandum from Daniel J. Becker, State Court Administrator was read and discussed concerning Justice Court Audits. A portion of the memo follows: 

"In August 1999, The Justice Court Board of Judges forwarded a budget request to the Judicial Council for an audit position, assigned to the Administrative Office of the Courts (AOC) Internal Audit Department, to perform financial related, compliance, and performance audits in justice courts. Pursuant to Code of Judicial Administration (CJA) Rule 3-4-15 Auditing, the AOC Internal Audit Department did not perform audits in justice courts.

During the 2000 Legislative Session, the Judicial Council forwarded a budget request to the legislature to ensure that justice courts have appropriate fiscal and programmatic guidance from an internal auditor supported by the AOC. The legislature passed Senate Bill 1 5 1 Justice Court Accountability amending UCA 63-91-201 Internal auditing programs - State agencies. The law now requires the Administrative Office of the Courts to conduct audits in courts not of record."

Shelley Brennan, though she was not present at the reading of the minutes, nor on the agenda, questioned the accuracy of the July 10th minutes and asked for a copy of the tape.

Motion: Commissioner Ross motioned to have the commission minutes of July 10th after the executive session to the end of the meeting written word-for-word from the recorded tape, which was being contested by Shelley Brennan. Also, that a copy of that portion of the tape and the written memorandum be given the Mrs. Brennan. Commissioner Kappen Second. Roll call vote: All Commissioners Aye.

Lease agreement - Northeastern Counseling:  After reading the proposed lease agreement for space in the old courthouse in Duchesne and making corrections it was agreed that the rent to Northeastern Counseling would be $8.70/sq ft, for 380 square feet per year. Start date of July 1, 2000.  Motion: Commissioner Kappen motioned to approve lease agreement with corrections, Commissioner Ross second. Roll call vote: All Commissioners Aye.

Sandwash Reservoir pollution problem:
The Sandwash Reservoir pollution problem was discussed and it was decided that another meeting should be scheduled for the 7th of August, at 4 pm at the county building. The Commission will send a letter to the appropriate parties such as Rick Redmond, State Parks and the Water Users stating that they need to be a part of the solution. ATV use will also be discussed.

Nolan Giles - Eminent Domain:
Commissioner Ross has spoken to Nolan Giles regarding 1,760 acres of land belonging to Mr. Giles that the State is trying to acquire through the "Eminent Domain Act along with the Bureau of Reclamation, and the Mitigation Commission, from the CUP completion act."

The Commission objects to this as it is against our county land use plans and will be sending written comment to all appropriate parties. It was felt that the price of the land should be negotiated by the property owner and the Bureau of Reclamation and not just taken.

Vouchers: Diane Freston Clerk/Auditor presented vouchers #69348 to #69419 totaling $93,247.55 for approval.  Motion: Commissioner Ross motioned to approve the Vouchers, Commissioner Kappen second, the motion carried. Roll Call Vote: All Commissioners Aye.

Tax adjustment - Assessor

Serial/Account	Year	Debit/Credit	Comment
052241Dist22	2000	-$44.85	Value was too high on trailer - wrong MSRP

Motion: Commissioner Kappen motioned to approve, Commissioner Ross second. Roll call vote: All Commissioners Aye.

Impact fee for camping, money to be used for fire control:
It is the opinion of the Commissioners to further study the issue of an Impact fee, and not create an ordinance at this time, as they are not ready to get involved.  Motion: Commissioner Ross motioned to table Impact Fee, Commissioner Kappen second. Roll call vote: All Commissioners Aye.

Adjournment: 3:33 PM

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