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 SEPTEMBER 11, 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, Road Supervisor Douglas Nielsen, Carol Casey, Blaine & Elaine Berger, Lois Stansfield, Christina Nations, Randy Johnson from The Eastern Utah Area Health Education Center, Allen White, Terry B. Stringham.

Prayer: Clerk-Auditor Diane Freston
Pledge of Allegiance

Minutes: Minutes for August 28, 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.

Minutes: Minutes for the September 5, 2000 working meeting were read.  Notes from the working meeting…..

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

Vouchers: Diane Freston Clerk/Auditor presented vouchers #69953 to #69997 totaling $23,403.34 and pre-draw #67529 for $34.10 for approval.  Motion: Commissioner Ross motioned to approve the minutes with corrections, Commissioner Kappen second, the motion carried.  Roll Call Vote: All Commissioner Aye.

Road Items - Supervisor Doug Nielsen
Supervisor Doug Nielsen reported that the paving on the North Fork road will finish today.

There is approximately 5,000 ton of Tar Sands left which is about 2 ½ miles of product. The Road Department will be close to using all the tar sands by the end of September.

They will start on the Draney road in Neola tomorrow, and on the 18th of September the overlay by Bike Shiners residence in Altonah.

Commissioner Kappen asked Mr. Nielsen what the total blacktop laid for the year was and Doug stated they had about 10 miles of blacktop, and 33 ½ miles chipped and fogged, and approximately 4 miles overlay.

Bridgeland Road/Bridge - Lois Stansfield
Commissioner Ross suggested that they have the discussion on the Bridge early since the interested parties were in attendance.

Mrs. Stansfield is asked what "underhandedness was going on now" and what the Commission has planed for her property. Mrs. Stansfield stated that she had read in the county paper that the Commissioners were discussing putting a new road in from the Arcadia junction south across her property to Highway 40 and she feels they should have discussed this plan with her first.

Supervisor Nielsen explained to Mrs. Stansfield that they had discussed this plan as a possible alternative, and had no definite plans for construction at this time.

Commissioner Ross remarked that a letter had been sent to the State Historical Society asking for a status report on the old bridge. There has been no response yet.

The bridge has failed the standards for weight set by UDOT, and the County is looking at alternatives such as replacement or a new route.

Mrs. Stansfield requested that the Commission keep her informed as to any plans for the bridge and road they may have in the future as she has been offered $3000.00 an acre for her land there.

She also commented that the CUP has not been maintaining the under shots on the culverts near the cemetery. They are full of rocks and causing water to flow into the cemetery and her property.

And last but not least, there is still the problem of cars traveling to fast on the highway past her home, she fears that an accident could happen. The road past the church and over the bridge is posted at 35 mph, but the motorists are not obeying the speed reduction. Mrs. Stansfield is requesting more officer participation for this problem.

...............Clinton Peatross, Gary Murdock (Pres-Red Rock Estates), Kathleen Olsen (VP-Red Rock Estates), and Diana Stevens
joined the meeting - 1:30 PM...............

Approval of Ordinance 00-171 - An Ordinance Designating County Road #1 as a Public Highway Open to Off- Highway Vehicles.

Commissioner Thayne read aloud the Ordinance for review, after which he asked for public comment.

Commissioner Kappen stated that the section on the Commission being able to cancel the ordinance at their discretion was not included in this draft. Said item should be in the ordinance as #10.

Allen White addressed the Commission, he is a property owner in Red Creek and summers his cattle there. He is opposed to the Ordinance, stating that there was an ATV fatality in that area in the past, and feels there will be more if the area is opened for off- highway vehicles. With so much dust and rocks being kicked up from vehicles traveling on the road it is an added danger for the ATV rider to see cars traveling in the opposite direction. He also can foresee problems with officers not being able to police the use of the ATV's on private property. Allen asked the Commissioners to try and find an alternative route, one not used so much by cars and trucks.

Mr. & Mrs. Berger stated that they have used the Red Creek Road with their ATV's and feel that the dust is not an issue. They just want to be able to use the road legally.

Commissioner Ross spoke stating that from the beginning of the discussions of an Ordinance, the concerns have been for safety of the ATV riders. Duchesne County needs to assist in Recreational trails or by-ways and he would like to give it a try. The ordinance is for a 2 year test time period with a sunset clause. It is up to the riders to avoid risk and use good judgment to avoid accidents.

Motion: Commissioner Ross motioned to adopt Ordinance 00-171 with changes for Wildlife and domestic animal protection and #10 canceling at the discretion of the commission.

Diana Stevens commented that she agreed with Commissioner Ross.

Commissioner Kappen stated that he was with-drawing his support for the ordinance, sighting that he would not want to be responsible for an ordinance that might cause someone injury or death as the road is steep in places and there is a lot of loose gravel in areas. The local law enforcement officers oppose it, the DWR opposes it and so should the County.

The motion was not seconded, motion died for lack of support.

Mrs. Berger expressed her disappointment, she feels there will be continued use of the road by ATV's and is requesting law enforcement officers to patrol the area and to ticket the offenders.

Eastern Utah Area Health Education Center - Director Randy Johnson  Mr. Johnson explained that the program is designed to keep health care professionals in rural areas. By training local people in the Health Care and EMS fields they are more apt to stay in the rural communities to practice.

Commissioner Thayne excused himself from the meeting, he had a subpoena to District Court at this time and turned the chairmanship to Commissioner Ross.

Mr. Johnson is requesting a priority letter of support from the Commission to the State Legislature for continued funding of this program.

Commissioner Ross stated that a letter of support could be sent, but he has a problem with the use of the word priority in the letter, he feels it could jeopardize other programs the County has before the legislature.

Motion: Commissioner Ross motioned to send a letter of support to the State Legislature, motion seconded by Commissioner Kappen, motion carried. Roll Call Vote: Commissioners Kappen and Ross voting Aye, Commissioner Thayne not present.

Red Rock Estates Phase 2 Amendment #1 Plat Approval - Clinton Peatross  Gary Murdock President of Red Rock Corporation, Kathleen Olsen the Secretary, and Mr. Peatross presented the Plat to the Commission for their approval.

The Commission invited Diana Stevens from the planning commission to come to the front and review the plat with them.

Motion: Commissioner Kappen motioned to approve the Red Rock Estates Phase 2 Amendment #1, Commissioner Ross seconded the motion, motion carried. Signatures were entered on the Plat. Roll Call Vote: Commissioners Kappen and Ross voting Aye, Commissioner Thayne not present.

Terry Stringham, State Fire Warden stopped in to leave a couple of invoices for fire expenses with the Commissioners.

Mr. Stringham and the Commissioners also talked about scheduling a meeting to discuss the fire season and personnel. It was suggested that Mr. Stringham contact Georg Adams to set a time and place.

Renovation of Cliff Mickelsen Building - Neil Potter
Mr. Potter feels that it is in the best interest of the County to keep the blue building (Mickelsen) for future County Fair's and for public rental use. Keeping the building would also keep the fairgrounds in tact. He suggested that the Commission, Georg, Karl and himself take a walk through to get an idea what is needed in order to upgrade the building for public use.

Commissioner Kappen suggested that they consider lowering the ceiling for heating efficiency.

Commissioner Ross felt that if the County had this building for the public rentals that the Senior Center could be used for Senior events only.

Commissioner Ross stated that a letter should be sent to Duchesne City withdrawing the proposal, and requesting that the chairs and tables be returned. He advised Neil that the keys should be gathered also.

Motion: Commissioner Kappen motioned to have a notice sent to Duchesne City with-drawing the proposal and requesting the chairs, tables and building keys be returned. Motion seconded by Commissioner Ross, motion carried. Roll Call Vote:  Commissioners Kappen and Ross voting Aye, Commissioner Thayne not present.

Decision on Gateway Center Rentals - Motion: Commissioner Ross motioned to have Jamie Park take over the Gateway Senior Center Rentals with the stipulation that the work is done before and after county working hours. Motion seconded by Commissioner Kappen, motion carried. Roll Call Vote: Commissioners Kappen and Ross voting Aye, Commissioner Thayne not present.

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

Vouchers: Diane Freston Clerk/Auditor presented vouchers #69998 to #70114 totaling $107,289.28 for their approval.  Motion: Commissioner Kappen motioned to approve the Vouchers, Commissioner Ross second, the motion carried. Roll Call Vote: Both Commissioners Voting Aye.

Board of Equalization Review and Decisions

...............County Assessor Greg Garff joined the meeting...............

Executive Session
Motion: Commissioner Kappen motioned to go into executive session to discuss Board of Equalization decisions. Commissioner Ross second, the motion carried. Roll Call Vote: Commissioners Kappen and Ross voting Aye, Commissioner Thayne not present.

Motion: Commissioner Kappen motioned to come out executive session when the discussion was concluded. Commissioner Ross second, the motion carried. Roll Call Vote: Commissioners Kappen and Ross voting Aye, Commissioner Thayne not present.

Executive Session 3:30 PM
Present Commissioner Kappen, Commissioner Ross, Clerk/Auditor Diane Freston, Assessor Greg Garff.

Regular Meeting Reconvened 4:00 PM

Motion: Commissioner Kappen motioned to reduce the factoring order given by the State Tax Commission in Duchesne County by 1/3 of the originally factored amount. Commissioner Ross second, motion carried. Roll Call Vote: Commissioners Kappen and Ross voting Aye, Commissioner Thayne not present.

Adjournment - 4:00 PM

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