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 OCTOBER 2, 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, Charles Rapp, John Mickelson, Cindy and Jim Smith, Debra Payne, Beverly Park, Leslie Whiting (Uintah Basin Standard), Jean Liddell (KNEU), Diana Stevens, and Deputy Clerk/Auditor, Carol Casey.

Prayer: Clerk Auditor Diane Freston
Pledge of Allegiance

Minutes: Minutes for September 25, 2000 were read by Commissioner Larry S. Ross.  Motion: Commissioner Kappen motioned to approve the minutes with corrections, Commissioner Ross second, the motion carried. Roll Call Vote: All Commissioners Voting Aye.

Road Items - Supervisor Doug Nielsen
Supervisor Nielsen informed the Commission that they would be finished with the tarsands today. The department is applying the last load of tarsands by Neola at the top of the Dye Dugway. The county surveyor's estimate of crushed tarsands at the pit was 29,000 tons before hauling started. He was very close, as the trucks have hauled 29,122 tons this year.

Mr. Nielsen remarked that now they could get ready for the snow, stockpiling salt and sand for winter.

Diana Stevens asked Mr. Nielsen if they could get something on the parking lot at the Fruitland Water District in Fruitland before the weather turns bad. She stated it would help with problem of mud being tracked into the office. Doug agreed that some cold mix and gravel could be hauled in. He will have that taken care of as soon as possible.

...............Roger Holfeltz joined the meeting...............

Commissioner Thayne referred to a plugged drainpipe near Orlan Oman's property in Altamont. Supervisor Nielsen said he would check on the culvert and possibly sterilize the ground in the whole area.

Doug informed the Commission that Ron Johnson from the weed department had been on vacation last week so the trees at Ostler's Corner would be taken care of this week. Commissioner Kappen stated that there is a larger tree East of Sandy Lamb's home in Bluebell and tree at the Will's Trailer court that needs trimmed also.

School Bus Road - Cindy Smith
Mrs. Cindy Smith addressed the Commission stating that the current bus stop is on Highway 40 in an area that is fairly dangerous for the bus and the children alike. Her proposal is to have the bus use the road, which goes in front of her home, it continues on and then connects back with highway 40. There are several families in the area that the change in route would benefit by being safer. Both the exit and entrance onto the highway are in better locations for the bus driver to see oncoming traffic. She has visited with Carma Galloway in the School District Office who advised Cindy to get the County's approval first, and then the School District could get approval. After examining the map Mrs. Smith provided Supervisor Nielsen referred to a section of the road that was the old highway route 40. 

Commissioner Thayne suggested that if the county were to put in a road there would be more traffic. Mrs. Smith said that would be no problem. Mr. Nielsen said that he would have to research if the state retained the Right of Way or if it was turned over to the County road systems before any approval could be given. Mr. Nielsen will report his findings at a later date. Mrs. Smith was informed that she would need to get the school districts approval to run the route before the county would make any determinations.

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

Vouchers: Diane Freston Clerk/Auditor presented vouchers #70465 to #70531 and predraw #67525 to #67527 totaling $317,526.90 to the Commission for their approval.  Motion: Commissioner Ross motioned to approve the Vouchers, Commissioner Kappen second. The motion carried. Roll Call Vote: All Commissioners Aye.

...............Raymond Murray, Clayton Chidester, and
Georg Adams joined the meeting...............

Defa Dude Ranch Memorandum of Agreement
Clayton Chidester, Planning and Zoning, read aloud the following Memorandum of Agreement to the Commission. 

Memorandum of Agreement

To: File

The purpose of this memorandum is to establish in writing the agreement established in our meeting held on September 25th, 2000 between Duchesne County, Tri-County Health Department and Defa Dude Ranch, Mr. Geno Defa, Trustee.

This agreement is: Defa Dude Ranch is grand-fathered a total of 63 lease lots for the purpose of individuals leasing the property to place a cabin on or a mobile home providing that prior to a building permit being issued the lot must obtain health department approval. This agreement is further established that all or any new lots exceeding the total figure of 63 lease lots must be presented to the planning commission as a subdivision development and meet the ordinance standards as they exist at that given time.

This agreement is based on the fact that Defa Dude Ranch started leasing lots as early as 1948 and has continued to do so since. During the early 1990's a survey was prepared which identified a total of 63 lots. We are using this survey, as performed by Clinton S. Peatross, copy attached, as the point of beginning. The actual number given a lot may exceed the number 63, since some of the initial lots may not be able to obtain health department approval, i.e., lots 7 & 8 cannot obtain health department approval, then this would allow for lots 64 & 65 to be created, while not exceeding the total number at 63.

By signing this letter, the undersigned have agreed to these conditions.

Geno Defa, Trustee, Defa Dude Ranch
Richard Hallmark, R.E.H.S., Tri-County Health Department
Karl Mott, Building Official
Clayton Chidester, Planning & Zoning
Ted Kappen, Commissioner
Larry Ross, Commissioner

Motion: Commissioner Kappen motioned to accept the Memorandum of Agreement for Defa's Dude Ranch. Commissioner Ross seconded. Motion carried. Roll Call Vote: All Commissioners Voting Aye.

Drought Proposal Letter to Governor Leavitt
Raymond Murray reported to the Commission on the steps taken by Uintah County in order to qualify for drought relief.

Georg Adams Emergency Management stated that the County will need to compile information on drought data from different agencies in the County, and the Commission will have to draw up a declaration of drought for the year 2000. These documents will need to be filed with the Governor's office and Comprehensive Emergency Management in order to officially get drought relief. The following letter was prepared:

Governor Michael Leavitt
State of Utah

Dear Governor Leavitt.

The year 2000 has been unusually dry in all the State of Utah. Duchesne County has been particularly dry according to the Natural Resources climatologic that records snow and rain fall in Utah.

Our request is that Duchesne County be included in a proclamation from your office declaring a severe drought in the Uintah Basin. Stream flows and precipitation have been so low that a good share of Duchesne and Uintah Counties irrigation systems were out of water in mid summer. Crop yields have been severely reduced. Many ranchers will be buying more feed than usual or will sell of portions of their stock herds because of drought related problems.

Please include Duchesne County in the eligible category for drought assistance to agriculture.

Your consideration is very much appreciated.

Sincerely,

Duchesne County Commission

Motion: Commissioner Ross motioned for Duchesne County to enter a Declaration of Drought for the year 2000. Commissioner Kappen seconded. Motion carried. Roll Call Vote: All Commissioners Voting Aye.

Revitalization Funds Designation
The Duchesne County Commission has agreed to participate in the following projects with their portion of the revitalization funds and make the following designations.

USU Building - Nov 1999 to Dec 2000 funds:  $ 28,960.00
USU Building - 2001 year funds:  $ 71,040.00
Crossroads Building Handicapped Entrance - 2001 funds:  $ 20,854.00
Mickelson Building Improvements - 2001 funds:  $ 6,357.00

Motion: Commissioner Ross motioned to designate the above listed funds of Duchesne County's revitalization allotment.   Commissioner Kappen seconded. Motion carried. Roll Call Vote: All Commissioners Voting Aye.

Complaint on ATV Laws & Cattle Trespassing - Charles Rapp  Mr. Rapp addressed the Commission stating that he has been a property owner on Tabby Mountain for 28 years and that a certain rancher has ran his cattle openly in the Subdivision for many years also. Mr. Rapp stated that in the past he has contacted the Sheriff's office a number of times asking for help in removing the livestock but has been told by a Deputy that this was a civil problem. Mr. Rapp asked the Commission why it is one man can offend 250 property owners by allowing his cattle to trespass, and the sheriff's office won't respond to their complaints.

Mr. Rapp's second problem is that he is unable to use his ATV to remove the cattle from his property because he would have to use the county road. He has asked to see a County Ordinance on ATV's, "but no one can produce one for me" he stated. He feels that the Commissioner's should allow ATV's on the County roads or outlaw them in the County completely. Commissioner Thayne pointed out that the County goes by the State Fencing Law for the control of cattle on permit land. The ATV's are also governed by the State. It is unlawful to ride them on public roads unless they have an agriculture permit.

Commissioner Ross asked who owned the property around the subdivision. Mr. Rapp stated that the Lewis girls have formed a corporation and they own it. Commissioner Thayne stated that there are trespassing laws and Mr. Rapp could have the cattle corralled for trespassing, and damages can be recovered. The Commission will inform the Sheriff of Mr. Rapp's complaint and that the sheriff is to contact Mr. Rapp.

...............Laurie Brummond, Sheriff Stansfield and
Judy Mutton joined the meeting...............

GRAMA Act & Deputy County Attorney Issues - Roger Holfeltz   Mr. Holfeltz feels that the fees charged for GRAMA requests are not reasonable and that he can have a copy made at a printing office for a lot less. He also stated that according to Utah Code he had the right to inspect County records at any time during office hours free of charge and that (Utah Code 63-2-201) the county can only charge if the information requested has to change format.

Judy Mutton, Personnel, explained to Mr. Holfeltz that he can inspect the records, but when his request is for something that requires employees to research and compile records there needs to be a GRAMA request so we know exactly what he wants. She declared that if the request is for something that will take over fifteen minutes to get together that the county has the right to charge $10.00 an hour staffing time.

Commissioner Thayne answered that they would evaluate the policy.

Mr. Hofeltz asked about the status on the complaint he had filed with the Commission regarding Deputy Attorney Roland Uresk. Commissioner Thayne replied that the Commission had not met with Attorney Gillespie yet on that matter. Roger asked to be kept abreast of the County Attorney's recommendations.

Keith Coleman Property Tax Issues - Roger Holfeltz
Mr. Holfeltz is representing Mr. Coleman today; Roger stated that the Coleman's taxes on their property in the Roosevelt area have risen 30% in two years. The Coleman's feel the Assessor is avoiding them when they call regarding the value he has on this property. Mr. Holfeltz presented a letter from Keith & Susan Coleman to the Commissioner's.

10/2/00

Duchesne County
Commission/Board of Equalization

Sirs:

Before you are two documents. The first is your property valuation notice and the second is a settlement statement for a piece of property known as Lot 14, Block 29, Plat "A ROOSEVELT CITY SURVEY.0.17AC.

If you will notice, the purchase price in '98 was $32,000.00. This year's valuation from the County Assessor is $43,492.00. If this is a correct valuation then it means that this property has increased in value by better than 30% in two years, this is quite remarkable.

I would like to suggest to you that there has been a mistake made in the valuation and ask you to adjust it back down to the $32,000.00. The current evaluation is unacceptable unless you would like to purchase the property. I would be surprised if you found any buyers at that price. If you do I will gladly kiss your posterior in the front window of Macey's on New Years day and give you 30 minutes prior to draw a crowd, plus a 6% commission.

Real estate gains value by inflation or physical improvement. Market demand is also an element to cause increase in value of real property. I would assume that you will correct this situation so we won't have to resort to the courts for relief.

Thanks for your time.

Keith & Susan Coleman    

The Commission informed Mr. Holfeltz that the Coleman's were noticed for the B.O.E. hearing, they came in, and did not discuss this property with the Commission. They will have to wait until the B.O.E. next year to request a review on the property value.

Contract with Kielbasa Contracting for reconstruction of the North Entrance of Crossroads Senior Center in Roosevelt

Commissioner Ross read aloud the Agreement with Kielbasa Contracting in the amount of $20,854.00.  (Agreement in Clerk's Office). 

Motion: Commissioner Kappen motioned to adopt the Agreement between Duchesne County and Kielbasa Contracting for the reconstruction of the North entrance of the Crossroads Senior Center to be finished by November 1st. Commissioner Ross seconded. Motion carried. Roll Call Vote: All Commissioners Voting Aye.

CDBG Contract - Uintah Basin Medical Center Interim Financing - Laurie Brummond  Motion: Commissioner Kappen motioned to execute the CDBG Contract for the Uintah Basin Medical Center interim financing. Commissioner Ross seconded. Motion carried. Roll Call Vote: All Commissioners Voting Aye.

Adjournment - 3:05 PM

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