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 FEBRUARY 5, 2001 BEGINNING AT 1:00 P.M. IN THE COMMISSION BOARD ROOM
IN DUCHESNE, UTAH

Commissioners Present:  Commission Chairman Guy R. Thayne, Commissioner Larry S. Ross and Commissioner Lorna Stradinger.

Others Present:  Road Supervisor Douglas Nielsen, County Attorney Herbert Gillespie, Deputy County Attorney Roland Uresk, Clerk/Auditor Diane Freston, Deputy Clerk/Auditor Carol Casey, Steve Yack, Charles Denver Kirk Campbell, Beverly Park, Regina Barnhurst, Susan & Keith Coleman, Roger Holfeltz, Troy Sherrick, Michael Brennan, Clynton Robb, Tricia Wright, Steve Fink, Larry Murray, Jean Liddell from KNEU Radio, Lezlee Whiting Uintah Basin Standard, and representing the Durigan Action Group Nancy Bostick-Ebbert, Lorraine & George Richens, Ralph Prescott, Wanda & Keith Bastian, Craig Caldwell, Robert E. Covington, Patricia, Melvin, and Lloyd Bingham, Rick Bisel, Howard & Fay Horrocks.

Prayer: Clerk/Auditor Diane Freston
Pledge of Allegiance

Minutes: The Commission Minutes for January 29, 2001 were reviewed and corrections made. Motion: Commissioner Stradinger motioned to approve the minutes with corrections. Commissioner Ross second. The motion carried. Roll Call Vote: All Commissioner Voting Aye

County Attorney Issues - County Attorney Herbert Gillespie - Keith Coleman   Mr. Coleman would like to wait until next weeks commission meeting to address his complaints.

Attorney Gillespie addressed the commission to respond to a memo he received the prior week concerning his department being over budget in the 2000 year by $5,841.16. He feels that part of the problem could be that the department purchased a new copier, and he also failed to take into account that he had not allowed for the JTPA employee expenses in his 2000 budget. Another contributing factor is that the County Attorney's office is paying mileage for the secretary to travel to Roosevelt for court.

Commissioner Ross talked about accountability and the process that would have to follow now. The county's independent auditor would have to site the non-compliance of not staying within budget. Upon doing so the State Auditor would require an explanation from the department (Attorney) and the commission as to why the item was in non-compliance and set forth a management plan to alleviate the problem. Commissioner Stradinger asked the Attorney to please prepare the statement for the Commission and the State Auditor with an itemized accounting of the problem and a correction plan.

Road Issues - Supervisor Douglas Nielsen
Supervisor Nielsen reported that the department is currently working on County Road #146 (rocky boulevard). The bridge in Mount Emmons will be finished in the next week or so.

Commissioner Ross asked if the supervisor had any information on the Lake Fork River Bridge. Doug replied that hopefully next week he would have some information.

Steve Yack - Weed Spraying Issues
Mr. Yack is a beekeeper, he is concerned about the county's policy for spraying the weeds on the right of ways of county roads. Spraying during the daytime not only kills the yellow clover it also kills his bees. He would rather see the roadsides mowed several times in the summer. The mowing allows the yellow clover to spread out and bloom. It also is much more attractive to have green mowed plants along the roadways than the dried up brown weeds caused by spraying.

Supervisor Nielsen stated that the road department mows about 500 hours a season along with the spraying. They spray first so that they will not have to mow so often.

Commissioner Stradinger is in favor the mowing method for control of plants along the county roadways.

Commissioner Ross reminded everyone that there are places where selective spraying will need to be done in order to control noxious weeds and trees.

Keith Coleman - Audio Tapes of Commission Minutes
Mr. Coleman stated that he is requesting that the Clerk/Auditor produce the audio tapes her predecessor had taken of commission meetings. He feels that the tapes may have been destroyed, and he sited Section 63-2-905. "All records created or maintained by a governmental entity of the state are the property of the state and shall not be mutilated, destroyed or otherwise damaged or disposed of, in whole or part, except as provided in this chapter". Mr. Coleman would like the commission to show him where it states in the Utah Code that the Clerk/Auditor has authority to destroy any tapes.

Deputy Attorney Uresk informed Mr. Coleman that the tapes are considered working copies, and they are not part of the permanent record as sited in Section 63-2-103(18)(b) "Record does not mean temporary drafts of similar materials prepared for the originator's personal use or prepared by the originator for the personal use of an individual for whom he is working (work copies)", and can be destroyed when the minutes are completed. Deputy Uresk also said that the county has no policy on keeping work products.

Clerk/Auditor Freston stated that when she was cleaning the clerk's vault in 1999 she asked Deputy Attorney Uresk what she should do with the old tapes left behind and was told she could destroy them because they were considered work products.

Discussion of 2001 Sheriff Vehicles
Diane Freston presented the 2001 Sheriff Vehicle bids to the commission for review and Commissioner Thayne read the bids.

L&L Motor - Roosevelt
Crown Victoria Police Package Sedan -    $22,352
Ford F-150 Pickup XLT Pkg ------------ $25,926
Ford F-150 Pickup XL Pkg---------------$24,197
Dodge 1500 Pickup SLT Pkg-------------$26,120

Murray Motor - Roosevelt
GMC 1500 Pickup SLE Pkg--------------$27,830
GMC 1500 Pickup SL Pkg--------------- $26,800

Hinkley Dodge - Odgen (State Bid Award)
Dodge 1500 Pickup SLT Pkg------------- $21,753

Butterfield Ford, SLC ( State Bid Award)
Crown Victoria Police Package Sedan --- $21,038
Ford F-150 Pickup XLT Pkg ------------ $23,897
Ford F-150 Pickup XL Pkg -------------- $22,680

Commissioner Stradinger suggested that the Sheriff come in and talk with the commission before any decisions are made. She would like to purchase in county if possible. It was stated that the county historically bought in the county unless the difference in cost was more than 10%. The commission felt that the sheriff should make the decision as to which vehicles he would like for his department. The Sheriff was put on next weeks agenda.

County Library Board Appointments
Commissioner Ross stated he had talked with a citizen from the Duchesne area who is willing to sit on the library board, this leaves the seat for the Upper Country still open.

Motion: Commissioner Ross motioned to appoint Sherry Peatross to fill the vacant Duchesne area seat on the Duchesne County Library Board.  Substitute Motion: Commissioner Stradinger feels that the positions should be advertised in order to give interested citizens the opportunity to apply for the board seats.

Commissioner Ross informed Commissioner Stradinger that in the past it had been advertised with no response. The commission then began just trying to contact individuals whom they felt might be interested.

Motion: Commissioner Stradinger motioned to advertise all board seat positions before appointing someone to them. Motion carried. Roll Call Vote: All Commissioners Voting Aye.  Commissioner Ross wants it known that he votes yes because the motion states all board seats.

Approval of 2001 Beer Licenses
Deputy Clerk/Auditor Carol Casey presented beer license renewals for Swain's, Uintah Cutter Association, Fruitland General Store, Bluebell Store, Defa's Dude Ranch which have all been reviewed and approved by the Sheriff's department.

Motion: Commissioner Stradinger motioned to approve the above mentioned beer license renewals. Commissioner Ross second. Motion carried. Roll Call Vote: All Commissioners Voting Aye.

Discussion of County Education Assistance Program  Tabled until next commission meeting.

Lorraine Richens - Roosevelt City Wells
Lorraine stated she is part of the Durigan Action Group. They have concerns and complaints regarding Roosevelt City's taking their water for city wells. (the following is a transcript of Lorraine's speech)

We thank you for giving us this opportunity to share our concerns with you about Roosevelt City buying the Durigan Springs and transporting this water out of our farming area.

A brief history is necessary to understand why this concerns us. As you can see many ranchers share in this concern. It affects our livelihood, our lands, plants, and the wildlife.

In 1983 Roosevelt City bought the old VanTassel wells owned by Verl Haslem. These are called the Hayden Wells. There were two original wells and then three more wells were drilled. We protested the fifth well because by then we could see the damage that was being done. Trees died that had been in existence for over seventy years. Trees planted at the same time but on the south side of the canal still lived. Melvin Bingham can attest to this.

Our hay field that produced 100 ton of hay now will hardly produce pasture feed.

Fern Oberhansly's pasture next to ours that would boast of hay tall as the tractor tires gives very limited feed. Howard Horrocks bought a field from Emerson & Mae Oberhansly that had a spring on it that had never gone dry, even in the worst droughts. The spring is now dry most years except in the early spring since Roosevelt City started pumping their wells.

Now Roosevelt City has bought the Sprouse Well which was used for irrigation. It has an early high priority water right dated 1905, which is in essence a high water right and could only be used if there was high water or extra water after the water rights were satisfied. (this was a one month water right or more if there was plenty of water)

Because of being aware of the damage the Hayden Wells had done to our area I was concerned when I heard that Gary Sprouse was going to sell his well to Roosevelt City. I called Dennis Jenkins the mayor and expressed my concerns and explained why. He stated that no decision had been made and that it was just in discussion. I called Gary Sprouse who was in Nevada and also expressed my concern. He stated that our land problems were caused by the drought and not Roosevelt City pumping the water out. He later sent my husband and I a letter that he would sue us if we messed up his sale with Roosevelt City. A million dollars sounded good to him.

A week after I had talked to Dennis Jenkins I heard Roosevelt City had purchased the well.

Roosevelt City then sent for a change of application to change the water right from agricultural use to municipal use. About 150 people protested the change, we had a hearing in Roosevelt and approximately one year later Robert Morgan, the State Engineer approved the change.
Not one landowner was talked to about how the Hayden Wells had affected their land, no environmental impact study was done, nor cone of depression. We asked Bob Leek water engineer in Vernal where he had got some of his information about the impact of existing wells to how it was going to affect the new wells, and they had got this information from Roosevelt City.

I talked to Brad Hancock Roosevelt City Administrator about how it had ruined our hay field, and he stated, "Loraine, if you are not making $300.00 an acre on your place you should sub-divide 10 acre lots, and build homes, I know a lot of people who would like to live up there".

Here is a copy of the court decision. I want to give you a copy of a decision just handed down this summer in California Aug 25, 2000. (See insert) The courts sided with a group of farmers.

We have retained the services of Robert Covington, a geologist that has traveled throughout Utah and other western states for consultation on many wells that have been drilled, and his partner Craig Caldwell. They have come up with alternative sources of water for Roosevelt City that lie beneath the hardpan which would not affect the groundwater.

We have retained a lawyer Dale M Dorius to help us through the maze of all the many water laws.

We mailed letters to the Governor, State Attorney General, the Senate and the House of Representatives to give us some help.

We have appealed the Water Commissioner Robert Morgan's decision to give Roosevelt the right to drill, and we feel Roosevelt City should honor our appeal, and not drill or transport this water out of our area until we go to court on this. We at least want due process of law. When a man is setting on death row and he gets an appeal to stay his execution, they don't go ahead and execute him and then finish the appeal. They wait until he has his say in court.

I am not against Roosevelt City getting water. I just don't want it to ruin our livelihood, our homes and land in the process. I strongly feel there are alternatives that Roosevelt can use. We have limited funds to pursue this matter which is so important. We are seeking advise, and help from you the County Commission.    

Nancy Ebbert also spoke stating that this is a group of ranchers whose living is earned ranching and the Roosevelt City wells are jeopardizing their livelihood. "We just want an impartial analysis". " Water is the life blood of the west". She finished with a quote from President John F. Kennedy.  "Conservation can be defined as the wise use of our natural environment: it is, in the final analysis, the highest form of national thrift - the prevention of waste and despoilment while preserving, improving and renewing the quality and usefulness of all our resources" - President John F. Kennedy.

Howard Horrocks stated that between the 150 ranchers there are 15,000 shares of water and 2,500 share's of that is Indian. He informed the commission that the wells have affected the aquifers, the water table has dropped 90 ft. Roosevelt City needs to find a permanent source of water.

Commissioner Stradinger stated the County has no jurisdiction over Roosevelt City and what specifically does this group want the commission to do. Mr. Horrocks asked if somehow the county could help in getting Roosevelt City to stop until the issue goes to court.

Commissioner Ross feels that there needs to be a time out so that Roosevelt City and the Durigan Action Group could talk and resolve these problems.

Nancy Ebbert informed the commission that the wells are not in compliance because they have no way of tracking the amount of water that is going out.

Robert Covington the geologist representing the group stated there were no adequate measuring devices installed to record water use. The city is in violation.

...............Randy Crozier, Glenna Taylor joined the meeting...............

Jerry Allred & Clayton Chidester - Setting Perimeter and Corners for Cove Acres Subdivision and Mobile Home Park
Jerry & Clayton asked if a provision had been made to pay for the proposed work to be done in Cove Acres Subdivision and Mobile Home Park. Commissioner Ross indicated that he felt the existing surveyors budget should handle the expense. If budget dollars get low then Jerry should cut back on other work until next budget year. Jerry stated that he really felt that the county should keep up on the monumentation project and he will do his best to manage his budget.

Motion: Commissioner Ross motioned to approve the setting of Cove Acres Subdivision markers by the county surveyor. Commissioner Stradinger second. Motion carried. Roll Call Vote: All Commissioners Voting Aye.

Clayton Chidester - Plat Amendment Fee Increase Discussion  Clayton Chidester requested an increase in the fee's for a plat amendment to include $50.00 per lot for amendments of more than one (1) lot in addition to the regular $125,00 fee.

Deputy Attorney Uresk informed the commission that any fee changes will need to be in resolution form. Commissioner Ross feels Clayton will need to demonstrate why there is a need for the increase before it will be approved. They will continue this discussion at a working meeting before approving the fee raise.

Opening of Janitorial Services, Supplies and Training Bids
The commission received and opened two bids. The bidders were Waxie and Smiley's Hyko Janitorial Supply. The bid amounts will not be made public until Neal Potter of Building & Grounds can be present.

Commissioner Thayne informed those present the reason the bids were opened now was to make sure the proposals are in order.

Smiley Denver addressed the commission. He has concerns about the bidding process. He does not think it is feasible to tie the bidder to one price no matter what happens to the market. He also thinks he should be given preference because his business is located in Duchesne County.

Storm Computer & Alien Tech - Computer Bidding Process
Steve Fink of Storm Computers addressed the commission. He would like the public to be aware there was a meeting this morning between the commission, Storm & Alien Tech Computers and that he feels that the meeting did not accomplish anything.

When the bids were opened due to the complexity they were turned over to someone else to review and numbers got changed. No bid stacked up, the commission could not figure them out.

Commissioner Kappen motioned to have the bids thrown out then the next thing he knew the bid was awarded to Sherrick's. Steve's recommendation is for all beds to be thrown out.

Clynton Robb of Alien Tech Computers stated that he feels that the commission didn't understand his bid and that the monitors were included. It was typed up in the minutes wrong.

Jack Wood stated that as soon as he saw the bid in the minutes he informed them it was wrong. Commissioner Thayne reminded everyone that the decision was made from the original bid of Alien Tech, which stated less monitors.

Ted Kappen feels that the commission should honor the motion made on December 18, 2000 to not accept any of the bids. When the motion was made in 2001 to accept a bid it was not correct because there was nothing to look at due to the fact that the bids were not accepted.

Commissioner Ross asked if Sherrick Computer had a business in Duchesne County and what was the address. Troy Sherrick answered that he had an office for support but not a store in the county.

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

Tax adjustment -

Serial/Account	Year	Debit/Credit	Comment
CMT-9-260	2001	-$72.92	Over assessed % compete of structure
R-0056	1996	-$607.14	Exempt property
R-0056	1997	-$613.74	Exempt property
R-0056	1998	-$586.01	Exempt property
R-0056	1999	-$669.98	Exempt property

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

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

Vouchers: Clerk/Auditor Diane Freston presented vouchers # 72090 to #72149 and #67516 to #67519 totaling $163,041.14 for approval.

Motion: Commissioner Stradinger motioned to approve the vouchers. Motion second by Commissioner Ross. Motion carried. Roll Call Vote: All Commissioners Voting Aye.

Commissioner Ross asked Randy Crozier to approach the commission. Commissioner Ross informed Mr. Crozier that in order to address the sanitation problems at Sand Wash Reservoir the county has arranged for grant money to purchase and install two separate restroom units for the Moon Lake Water Users who own the property. This project has been reviewed by the Water Users, DWR and US Parks and Recreation.

Motion: Commissioner Ross motioned to appoint Ted Kappen as county representative to oversee the project and bring it to a conclusion. Commissioner Stradinger second. Motion carried. Roll Call Vote: All Commissioners Voting Aye.

Adjournment 3:30 PM

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