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 12, 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:  Clerk/Auditor Diane Freston, Deputy Attorney Roland Uresk, Deputy Clerk/Auditor Carol Casey, Susan & Keith Coleman, Olie & Sheila Olsen, Meetta Young, Beverly Park, Regina Barnhurst, Roger Holfeltz, Lezlee Whiting, Threena Morrill, and Jean Liddell.

Prayer: Commissioner Larry S. Ross
Pledge of Allegiance

Minutes: The Commission minutes for February 5, 2001 were reviewed and corrections made. Motion: Commissioner Ross motioned to approve the minutes with corrections. Commissioner Stradinger second. Motion carried. Roll Call Vote: All Commissioners Voting Aye.

Road Issues: Supervisor Douglas Nielsen
Supervisor Nielsen was ill and not in attendance.

...............Judy Mutton joined the meeting...............

Duchesne County Educational Assistance Program
The county educational assistance program was again discussed with some new considerations. In court case Commission vs Short (1995) it was determined that if a governmental entity provided an educational program the only education that would qualify would be additional school that would enhance the employees current performance in his present job. The monies also had to be paid from the department head budget that would receive the benefits.    

In the event that a Duchesne County employee is in need of additional training the employee may request educational assistance from the County. If the County grants such request it may front the costs of tuition, books, salary, travel, lodging, or meals or any combination thereof, or all of the above. Such grant of educational assistance shall be limited to such training that would directly enhance the employee's job performance, and shall be solely at the discretion of the County and the County reserves the right to deny any such request for any reason. The grant of educational assistance shall only be approved by the department head and the Board of County Commissioners.

If the employee voluntarily terminates or is involuntarily separated the employee shall be required to refund to the County the cost expended by the County for educational assistance.

    Portion of expenses refunded to the county.
    Less than one year                         100%
    One years but less than two years  75%
    Two years but less than three          50%
    Three years but less than four          25%
    Greater than four years                   0%

Commissioner Ross informed everyone that the commission had discussed this agenda item this morning in the working meeting, and Attorney Uresk had recommended that a new resolution be formed. Resolution No. 01-01 will be on the February 26, 2001 agenda for approval.     

Clayton Chidester - Increase Plat Amendment Fees
Clayton informed the commission that the Resolution had not been prepared for the increase yet. The fee increases were discussed again. Commissioner Ross stated that he still would like to see the average real cost for the additional work and time spent. Commissioner Stradinger agreed and suggested that Clayton put together some figures to show actual cost increases to the county for work on a more than one lot plat amendment.

Clayton stated that historically the fee for the plat amendments had been for one-lot amendments. Recently the Planning office has seen an increase of plat amendments consisting of more than one lot. The work for this type of amendment is the same as for a subdivision. Clayton proposes that there be a $50.00 additional fee per lot. It was agreed that Clayton would prepare a cost analysis in addition to the requested resolution and reschedule this item when he is prepared.

Office Management - Justice of Peace Clair Poulson
Judge Poulson informed the commission that one of the part time employee's in his office has resigned. He states it is hard to keep his part time help, and he is tired of training them just to lose them to other employment. Judge Poulson is requesting that the lead clerk be put on full time with full benefits (from 6 hrs/day to 8 hrs/day). Judge Poulson requested that he have a temporary employee to cover sick and vacation days of the full time employee and not hire a permanent part-time employee. His present budget would be able to handle the change.

Motion: Commissioner Stradinger motioned to put the lead clerk full time with benefits. Commissioner Ross second. Motion carried. Roll Call Vote: All Commissioners Voting Aye.

Blue Cross Blue Shield Dental Insurance Policy - Judy Mutton  Judy Mutton, Personnel Director presented to the commission for signature the Administrative Services Agreement by and between Duchesne County and Regence Blue Cross Blue Shield of Utah for dental insurance effective January 1, 2001. She stated that Ray Hussey from Uintah Basin Medical Center had reviewed it, and gives his approval.

Sherrick Computer Contract - Item Cancelled for today by Sherrick Computer

Auditor's Office - Vouchers - Tax Adjustments - Personnel Issues- Finances

Vouchers: Diane Freston Clerk/Auditor presented vouchers #72150 to #72291 totaling $177,234.05 for approval.
Motion: Commissioner Stradinger motioned to approve the Vouchers. Commissioner Ross second. The motion carried. Roll Call Vote: All Commissioners Voting Aye.

County Attorney Issues - Keith Coleman
Mr. Coleman addressed the Commission by quoting several Utah Code citations referring to the destruction of commission minutes. He feels that the Clerk/Auditor is guilty of tapering with records and this is a class "B" misdemeanor. Mr. Coleman stated that the Deputy County Attorney had given the Clerk improper council when he advised her she could have the working commission meeting tapes destroyed. He now wants the County Attorney to file the appropriate legal action against The Clerk. If the Attorney feels there is a conflict of interest he should have a special prosecutor appointed.

Mr. Coleman pointing to Deputy Attorney Uresk stated that the Attorney has a history of giving bad advice to the commission and has no business being an attorney. He called for the commission to review their contract with the Deputy Attorney and take action.
Mr. Coleman feels that the county is in violation of the Sherman Anti-Trust Act because the position of Deputy Attorney was not put out to bid. Mr. Coleman also stated "a good paralegal could do the same work for less money".

Mr. Coleman goes on to point out that during an audit he conducted several years ago it was discovered that a lap top computer was missing. It took the county two weeks to produce the laptop after the Coleman's asked its whereabouts. When the laptop was returned the programming had been altered. County employee's cannot convert equipment for their personal use.

In conclusion Mr. Coleman stated that he had one more complaint and accusation. For 15 years Mr. Ted Kappen has ran a surplus equipment business out of his home. During this time he has bought equipment with county checks and there is no record of any reimbursement to the county for sale of this equipment from Mr. Kappen.

Commissioner Thayne responded that many items are bought for the county at state surplus through commission or department head names, which does not mean they take them personally.
Mr. Coleman stated that if he (Mr. Kappen) converted the property to his own it is a federal violation. Mr. Coleman stated, "We the people elected Herb Gillespie to look after our interests, and we are asking for action on these matters".

Commissioner Stradinger addressed the audience stating that she believes that we have honest government here and would like less of this petty stuff and more time spent on bigger issues. We should be more pro-active rather than constantly digging up things in the past whether they may or may not be true. She has many positive issues that need addressed in the county and would like to have time to focus on making them productive.

Commissioner Thayne agreed and stated that the county badly needed help in the RS 2477 issues and could use all the volunteers they could get.

The Executive Session on Pending Litigation was postponed.

Adjournment: 2:35 PM

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