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 DECEMBER 28, 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, Acting Road Supervisor Jerry Lisonbee, Geroge Marett, Jean Liddell from KNEU, Leslie Whiting and Katie Nelson from the UB Standard.

Prayer: Commissioner F. Ted Kappen
Pledge of Allegiance

Minutes: Minutes for December 18, 2000 were read by Commissioner Ross.  Motion: Commissioner Kappen motioned to approve the minutes with corrections. Commissioner Ross second. The motion carried. Roll Call Vote: All Commissioner Voting Aye.

Road Items - Acting Supervisor Jerry Lisonbee
Acting Supervisor Lisonbee reported that he and Surveyor Jerry Alred were about finished with the maps to be sent to Stephen G. Boyden, Assistant Attorney General identifying our RS 2477 roads. Commissioner Ross was preparing the letter to be sent with the maps. A meeting was set up for January 2, 2001 at 2:00 PM to complete the project.

Commissioner Kappen asked about a road issue that was discussed on November 21, 2000. This concerned a private property owner living one mile above the cattle guard in the Rock Creek Road area who was in the process of selling his property and had requested assurance from the Tribe that the new owner's access to the property will not be denied. Jerry will research the matter to see what the status is. Commissioner Thayne said that he would also pursue the matter.

George Marett - Road Issues
Mr. Marett brought to the Commissioners attention that in Wells Draw going toward Nine Mile Canyon there were a couple real bad pot-holes in the road that created a terrible dust bowl when anyone hit them. The pot-holes were about 100 feet long and the road is very very dry especially in the summer. He asked if the county could put some shale on the road and wet the road down with the water trucks and then pack it.

Mr. Marett also asked about a road by the Bed & Breakfast in Nine Mile Canyon. Carbon County had gone in and recycled some old blacktop and packed it down and had left a small strip undone. The strip of road is less than ½ mile on the Carbon County Side. Commissioner Ross suggested that the Nine Mile Coalition contact Carbon County in-as-much-as it is a Carbon County road or the State Road Department.

Commissioner Ross also indicated that the county needed to do a good review and surveying on the Lake Borem Road beginning at Highway 40 going west past Dallas Murray's residence and running west into Arcadia by Chuck's Meats. The approach to the Lake Fork Bridge and the Lake Fork River Bridge is dangerous. Also, the road is narrow and winds a lot. Jerry said he would put a counter out for one week at the meat plant, the "Y" and at Hwy 40 to determine the traffic usage and then report back to the commission.

...............John Swasey and Beverly Park joined the meeting...............

John Swasey - Tax Issues
Jamie Park from the Treasurer's office was called in to the meeting.

Mr. Swasey indicated he had come in to pay his taxes. Later he got a delinquent note from the Treasurer indicating that he had missed two parcels which he still owed taxes on plus a ten dollar penalty on each parcel was being charged. Mr. Swasey said he did not receive the two tax notices and should not have to pay the penalty and would like the penalties waved. He also thinks that when someone comes in to pay their taxes the treasurer should research while there in the office to see if there have been some parcels missed and help the taxpayer a little.

Jamie indicated that that would be impossible because of time restraints. The Treasurers office sends out over 25,000 notices. The taxpayer should know what property he has. The commissioners indicated that they feel that the Treasurer's Office does an excellent job collecting taxes considering the short amount of time they have to collect.

Commissioner Ross asked Mr. Swasey if he received his disclosure notices? Mr. Swasey said yes he did. Commissioner Kappen suggested that if John got his disclosure notices then he most likely got his tax notices.

Motion: Commissioner Ross motioned to deny Mr. Swasey's request to waive the penalties on the two missed tax parcels. Commissioner Kappen second. The motion carried. Roll Call Vote: All Commissioners Voting Aye.

...............Teresa Nielsen joined the meeting...............

CIB Hearing - For the purpose of securing a 1.5 million dollar grant/loan combination for the purchase of Fire Equipment - County Wide.  Commissioner Thayne welcomed all present to Duchesne County's Permanent Community Impact Fund Public Hearing.

Those present were Commission Chairman Guy R. Thayne, Commissioner F. Ted Kappen, Commissioner Larry S. Ross, Diane Freston, Clerk/Auditor, Jean Liddell from KNEU, Leslie Whiting and Katie Nelson from the UB Standard, Beverly Park, John Swasey, Attorney Herb Gillespie, Teresa Nielsen.

Commissioner Thayne stated that the purpose of this hearing was to get public input on the following:   Duchesne County has applied to the Permanent Community Impact Board for a 1.5 million dollar in the combination of a $900,000 loan and a $600,000 grant combination to improve the fire equipment county- wide in Duchesne County.

Commissioner Ross explained in detail the attached application. The County Municipal Building Authority would be the vehicle by which the loan/grant would be obtained. The consultant was Lewis Young Robertson and Burningham, Inc. The application was asking for construction or remodeling of (4) buildings, one in Duchesne, one in Altamont, one in Fruitland, and one in Neola. A Myton Fire Station was being applied for by a separate project. The $900,000 loan applied for called for 0% interest and payback in 12 years with the 1st payment due in 2002. The Debt would be shared with the cities and the county. The application included the purchase of new equipment for Roosevelt, Duchesne, Altamont, Tabiona, Neola, Fruitland, and Myton Fire Departments in the amount of $1,115,000.00.

The county is scheduled to go to the CIB Board on January 11, 2001

Commissioner Thayne asked if there was any public input. John Swasey asked if the County would continue to pay the cities for fire runs as they had in the past. The commission answered that because of double taxation issues the county would no longer be billing for fire protection except for the industrial facilities, vehicle fires and negligent burning. The cities could if they wanted to bill for their fire runs however.  (Copy of complete CIB grant/loan application in Clerk's Office).

The CIB Hearing adjourned at 10:40 AM

The discussion on the Aging Contract 2001 with Laurie Brummond from UBAG will have to be postponed for a couple of weeks.

...............County Attorney Herb Gillespie joined the meeting...............

Zone Change - Shirlie Burdick - Request to change zoning from A/R-1 Agricultural Recreational, a 5-acre zone, to a RR Rural Residential 1-acre zone. Located in the Bridgeland Area - Sec 33, T3S, R4W, USB&M  Teresa Nielsen was present representing the Planning and Zoning Board. Teresa stated that the Planning Commission had given a favorable recommendation to this zone change.  (Ordinance 00-173 in Clerk's Office).

Approval and Adoption of Ordinance 00-173 - Zone Change
Motion: Commissioner Kappen motioned to approve Ordinance 00-173. Commissioner Ross second. The motion carried. Roll Call Vote: All Commissioners Voting Aye.

Neal Potter - Carrier Heating and Air Conditioning Service Contract - 2001-2002  Mr. Potter presented a 2-year service contract for the commission approval. This contract calls for service twice a year on the Administration Building, the Justice Center, the DCCI building, the Crossroads Center building, and the Library building.  (The Contract is on file in the Clerk's Office).

Motion: Commissioner Ross motioned to approve the Carrier Heating and Air Conditioning Service Contract for 2001 and 2002. Commissioner Kappen second. The motion carried. Roll Call Vote: All Commissioners Voting Aye.

Attorney Herb Gillespie
Mr. Gillespie presented the commission with the signed Deputy Attorney Contract for 2001.   (The contract is on file at the Clerk's Office).

Mr. Gillespie presented the commission with a Disclosure Statement prepared by himself. The commission acknowledged receipt of said statement.  (Disclosure Statement is on file at the Clerk's Office).

County Attorney Herb Gillespie - Fees for legal services of Andrew Morse in connection with the Charles Stout Matter and other legal business  Commissioner Ross noted that this matter had come to the commission three times prior and had been denied. The commission felt that the insurance should pay for the legal services in this matter.

Attorney Gillespie went into detail explaining the conditions of the case upon which the commission asked if the Attorney had promised that the county would pay this bill. Mr. Gillespie stated that he guessed that he had panicked and got additional help. Commissioner Ross said that they did not agree with his decision, but if the Attorney had made an agreement then the bill needed to be paid.  (Attorney Gillespie's explanation of billing and circumstances and original billing in Clerk's Office).

Motion: Commissioner Ross motioned to clear up the issue with Snow, Christensen and Martineau law office that Duchesne County pay $1,754.84 for legal services in the Charles Stout Matter. Commissioner Kappen second. The motion carried. Roll Call Vote: All Commissioners Voting Aye.

...............Lorna Stradinger joined the meeting...............

Approval of CDBG Minutes of 12-11-00 Public Hearing.   The CDBG minutes of 12-11-00 were read by Commissioner Kappen.  (Copy of CDGB 12-1100 minutes attached).  Motion: Commissioner Kappen motioned to approve the minutes with corrections. 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

Judy Mutton - Personnel Issues

1. Judy informed the commission that a sheriff deputy had resigned his position as of February 2, 2001 and the sheriff would like permission to replace the deputy. The paperwork was signed.

2. Judy also presented the commission with the paperwork for the maintenance technician position for the Justice Center Building under the Building and Grounds Department.

3. Paperwork was presented to the commission for the Deputy Part-time Recorder Position.

4. Judy stated that an employee had asked about the specifics of the education fund that the commission had budgeted for in 2001. The employee wanted to know what paperwork had to be filled out and that criteria had been set. A meeting was scheduled for January 17, 2001 at 10 AM for the purpose of Organizing the Education Budget Fund.

Tax adjustment - Auditor

Serial/Account	Year	Debit/Credit	Comment
00-014-9777	2000	-$96.90	Circut Breaker Abatement

Motion: Commissioner Ross motioned to approve the Tax Adjustments. Commissioner Kappen second. The motion carried. Roll Call Vote: All Commissioners Voting Aye.

Adoption of Resolution 00-31 - Duchesne County (all funds) 2001 Budget  (Resolution 00-31 attached).   Motion: Commissioner Ross motioned to adopt Resolution 00-31. Commissioner Kappen second. The motion carried. Roll Call Vote: All Commissioners Voting Aye.

Adoption of Resolution 00-32 - Budget adjustment for 2000 Budget.  (Resolution 00-32 attached).   Motion: Commissioner Kappen motioned to adopt Resolution 00-32. Commissioner Ross second. The motion carried. Roll Call Vote: All Commissioners Voting Aye.

Adoption of Resolution 00-33 - Setting of Elected Officials Salaries for the year 2001.  (Resolution 00-33 in Clerk's Office).  Motion: Commissioner Ross motioned to adopt Resolution 00-33. Commissioner Kappen second. The motion carried. Roll Call Vote: All Commissioners Voting Aye.

Adoption of Resolution 00-34 - Setting the County Commission Meeting Schedule for the year 2001.  The Commission Meeting schedule for 2001 will be Monday's beginning at 1:00PM except on holidays.  (Resolution 00-34 in Clerk's Office).  Motion: Commissioner Kappen motioned to adopt Resolution 00-34. Commissioner Ross second. The motion carried. Roll Call Vote: All Commissioners Voting Aye.

Timesheets: Diane Freston Clerk-Auditor presented the Commissioners with Department Head timesheets for their signatures.

Vouchers: Diane Freston Clerk-Auditor presented vouchers #71517 to #71582 totaling $218,999.76 for approval.  Motion: Commissioner Kappen motioned to approve the Vouchers. Commissioner Ross second. The motion carried. Roll Call Vote: All Commissioners Voting Aye.

Tax adjustment - Commission

Serial/Account	Year	Debit/Credit	Comment
00-000-3636	2000	-$230.45	Re-Class Home

Motion: Commissioner Ross motioned to approve the Tax Adjustment. Commissioner Kappen second. The motion carried. Roll Call Vote: All Commissioners Voting Aye.

Adjournment - 12:05 PM

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