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 18, 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, Deputy Clerk/Auditor Carol Casey, Judy Miller, Cleo Allred, Sue & Keith Coleman, Beverly Park, Regina Burnhurst, Clair Duncan, Roger Holfeltz, and Jan Roberts.

Prayer: Commissioner Larry S. Ross
Pledge of Allegiance

Minutes: The minutes of September 11, 2000 were read aloud by Commissioner Ross. Commissioner Thayne asked those present if there were any additions.  Motion: Commissioner Kappen motioned to approve the minutes with corrections, Commissioner Ross second, the motion carried. Roll Call Vote: All Commissioner Aye.

Commissioner Ross also read a letter to be sent to Eastern Utah Health Education Center.  (attached).

Road Items - Supervisor Doug Nielsen
Supervisor Nielsen stated that the department had started the hot plant overlay by the Miles Bike Shiner home, they will be going approximately 2 miles East and 2 miles West of the residence, and will complete the job in 4 to 5 days.

The striping on the chipped and flushed roads is being applied now, and should be completed in a couple of days.

Mr. Nielsen reported that Bob Maxwell from the BIA office in Phoenix Arizona had called to get the Arcadia Road and bridge numbers. Mr. Maxwell stated to Doug that the Tribes share of the funding for the Arcadia Road had been approved for 2001. Doug said that he will be talking with Allen Floyd and get more details regarding the approval.

Beverly Park addressed the Commission, and Mr. Nielsen stating that in her court case last week Attorney Roland Uresk had stated that the road in Cedar Mountain that goes through her property was a county road. She has done a title search and can't find any evidence of an easement. This leads her to believe that the road never was owned by the county, and ends at her property line. Mr. Holfeltz, who was in the audience feels that since Roland made the statement in court that the county owned the road that Beverly needs a document stating whether the road is or is not a county road.

...............Suzanne Sullivan, Jon Blanchard, Dennis Jensen, Tom Golinski, Clayton Chidester joined the meeting...............

The commission also discussed with Doug the engineer projected costs on the next bridge project. The original 17% Engineering costs projection had been reduced by Greg Searle of UDOT and the Engineer to 12% but the Commissioners and Supervisor Nielsen feel still that the 12% costs for engineering a little high and would like to have more conversation with all parties involved.

Keith Coleman asked the Commission why his request to inspect vehicles and equipment owned by the county had not been granted. He stated that he had filled out a GRAMA request in June. The County was to make available for inspection the 20 ton crane and half a dozen other vehicles and he has not been granted access to them. Mr. Coleman also made reference that he felt the County was hiding behind the GRAMA act whenever he asked for something. Supervisor Nielsen stated that if he wanted to come with him, "he could inspect the crane now, it's parked in the yard at the Road Shed". Mr. Coleman and Supervisor Nielsen left the meeting to go to the Road Shed to inspect the equipment.

.....Virgina Alred from the Assessor's office was asked to join the meeting.....

Primary Residence - Judy Miller
Mrs. Miller presented documentation to the Commission stating that she wants to prove that her primary residence is in Fruitland, Utah for County tax purposes.

Virginia stated that the Assessor Greg Garff had visited the Miller's residence in February of 2000 and had taken pictures of her home with untouched snow on the porch. Greg felt that the house was not being lived in and that they were using it as a seasonal residence. After some research the Assessor found that Mr. Miller was licensing his vehicles in Salt Lake County.

Mrs. Miller stated that her husband's work is in Salt Lake and he must license his work vehicles in Salt Lake County. Mrs. Miller feels that she has a right to travel and she does travel a lot in the winter, spending time at Lake Mead and with Mr. Miller's elderly parents. She did own a home in Davis County but stated that the home has been sold. Mrs. Miller feels that as long as she is registered to vote in Duchesne County, her mailing address is Fruitland, and she files Federal and State Taxes in Duchesne County that her primary residence is in Fruitland.

Commissioner Thayne stated that with the documents she had presented, and her statement, this should be enough proof of residency for the Assessor's office.     

Motion: Commissioner Ross motioned to have the Assessor's office accept proof of residency for Mrs. Miller and to make the necessary changes, motion seconded by Commissioner Kappen. Motion carried. Roll Call Vote: All Commissioners voting Aye.

..........Deputy County Attorney Roland Uresk joined the meeting..........

Request to Vacate First East Street - Bluebell Townsite - Jan Roberts  Mr. Roberts and Clayton Chidester from Planning and Zoning approached the Commission. Mr. Roberts presented a map of the Bluebell Township with the street in question to the Commissioners for review stating that he would like the road closed.
Commissioner Thayne asked if Mr. Roberts had received any public comments regarding this closure? Mr. Roberts replied that several had voiced their support.

Commissioner Ross questioned if this was a road or an easement.

Attorney Uresk stated that according to the State statue a road or easement once recorded must be treated as a public road.

..........Kelly Kielbasa of Kielbasa Contracting joined the meeting..........

Motion: Commissioner Kappen motioned to approve the vacating of First East Street in Bluebell Townsite. Commissioner Ross seconded, motion carried. Ordinance 00-171 vacating the road will be on the agenda on 09-25-00 for adoption. Roll Call Vote: All Commissioners Voting Aye.

..........Karl Mott, Judy Mutton, and Neil Potter joined the meeting..........

Highland Estates - Final Plat Approval - Clair Duncan
Clair Duncan owner of Highland Estates, and Clayton Chidester presented the final plat to the Commission, Mr. Duncan stated that all utilities and permits were in order, and the perk tests were also done.  Motion: Commissioner Ross motion to approve the final plat of Highland Estates, motion seconded by Commissioner Kappen, motion carried. Roll Call Vote: All Commissioners voting Aye.

North Entrance Reconstruction Bid Opening - Crossroad Senior Center  There was one bid on the reconstruction presented by Kielbasa Contracting in the amount of $26,604.00. Karl Mott - County Building Inspector, and Neil Potter - Building and Grounds Department, reviewed the bid with the Commissioners.   (Note: Commission minutes of September 25th will show an adjusted
contract amount of $20,854.00 being approved.)

Motion: Commissioner Kappen motioned to accept the bid contingent upon an on site review with Kielbasa Contracting at which time a contract would be drawn up. Motion seconded by Commissioner Ross, motion carried. Roll Call Vote: All Commissioners voting Aye.

Strawberry River Road and ATV's (a safety issue) - Jon Blanchard   Mr. Blanchard explained that he and several others living in the canyon are concerned about the ATV's traveling on Strawberry River Road, and Sams Wash Road. They are concerned about accidents with the cars and ATV's traveling the same roads. He states that the roads have a lot of blind curves, the 4 Wheelers seem to travel the roads too fast not using caution around the turns or over the hills. The roads are graveled and dusty making it unsafe for the kind of speed they are using.

He wants the Commission to know it's not the ranchers using their ATV's that are causing the problems. It seems most of abuse occurs on weekends and holidays.

Mr. Blanchard feels that if the County would post signs to let the 4 Wheelers know that the roads are not legal for ATV use, and patrol the canyon on the weekends it may help.

Commissioner Thayne stated that they would meet with Sheriff Stansfield to get more law enforcement in that area.

Roger Holfeltz stated that if an ATV is street legal they can use any road in the County. Mr. Golinski suggested that an article in the Basin paper reminding the public of the laws regarding ATV's would be a good way to bring out public awareness.

Commissioner Ross commented that the Commission will send a memo to the Sheriff requesting enforcement of ATV laws and asked the road supervisor to sign the three entrances to the canyon. Signs should say: "ATV LAWS ENFORCED".

Doug Nielsen and Keith Coleman returned. Doug wants the minutes to show that Mr. Coleman inspected the crane in question, and has verified the serial numbers.

County Personnel Matters - Roger Holfeltz
Roger Holfeltz addressed the Commission stating, "It is with great sadness that I must call for the immediate termination of Deputy County Attorney Roland Uresk's contract with Duchesne County".
He further explained that at last Monday's court trail, under oath that Mr. Uresk admitted that he was conducting private business on county premises. According to the State Code (17-18-1.5 (6)) the County Attorney may not engage in Private Practice while working for a County, this includes Deputies also. Mr. Holfeltz asked for an investigation and a copy of the outcome of the investigation.

Attorney Uresk stated that at the time he had counseled the party he was not under contract with Duchesne County.

Commissioner Ross informed those present that they would take the complaint under advisement and would meet with County Attorney Gillespie.    

Auditor's Office - Vouchers - Department Head Timesheets - Tax adjustments

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

Vouchers: Diane Freston Clerk-Auditor presented vouchers # 70115 to #70201 totaling $49,326.04 to the commission for their approval.

Tax Adjustments - Assessor

Serial/Account	Year	Debit/Credit	Comment
1177-0050447	1999	-$33.56	Mobile Home s/b Primary Residence

Motion: Commissioner Ross motioned to approve the vouchers and the Tax Adjustment as presented. Commissioner Kappen second. Motion carried. Roll Call Vote: All Commissioners Voting Aye.

Adjourned 2:52 PM

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