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 MARCH 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:  Road Supervisor Douglas Nielsen, Deputy County Attorney Roland Uresk, Clerk/Auditor Diane Freston, Deputy Clerk/ Auditor Carol Casey, Beverly Park, Randy Bachman, Kyle Snow from Northeastern Counseling, Alma Richens and Edythe Larson.

Prayer: Clerk/Auditor Diane Freston
Pledge of Allegiance

Minutes: The Commission Minutes for March 5, 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 Commissioners Voting Aye.

Road Issues - Supervisor Douglas Nielsen
Awarding of Bid for County Road Chips: Supervisor Nielsen reported that he had reviewed the two bids, and after figuring mileage from the crusher sites to the job in Altamont he stated that the Burdick Paving bid of $8.75 a ton should get the contract. There is a savings of $11,000 in trucking costs to go with the shorter haul from Roosevelt.

Motion: Commissioner Ross motioned after receiving the report from Mr. Nielsen on cost of hauling the chips the bid be awarded to Burdick Paving. Commissioner Stradinger second. Motion carried. Roll Call Vote: All Commissioners Voting Aye.

Doug informed the commission he had talked with George Thompson of UDOT regarding Lake Fork Bridge. Mr. Thompson feels that safety is not an issue, at this time the bridge does not qualify for replacement. The Commission directed Doug to go ahead with the plans for road improvement with the idea that the bridge will qualify for replacement in the next few years.

The Commission, and Doug discussed the rehabilitation of the Bridgeland Bridge and to pursue obtaining UDOT's recommendation.

Motion: Commissioner Ross motioned to have Supervisor Nielsen review with UDOT the costs for rehabilitation of the Bridgeland Bridge, and report these findings to the commission. Commissioner Stradinger second. The motion carried. Roll Call Vote: All Commissioners Voting Aye.

Commissioner Thayne informed Doug that Mr. Carling was in this morning and requested something be done to his road. The mud is really a problem. Also the road out to Sam's Wash is needing some work as the water is running in the middle with no way to drain off. Doug will have the grader work on crowning the road in Sam's Wash and haul some gravel on the lane buy Mr. Carling's.

Commissioner Ross asked if Doug would place some gravel around the new Kiosk on Nine Mile Road when he gets time.

.....Mr. & Mrs. Udell Langdon and Roger Holfeltz joined the meeting.....

Alma Richens - Road Issues - Predator Control
Mr. Richens is requesting that the road department not plow his road at 5000 South on Blue Bench, the part that was private. The road is not a county road, and the burms of snow made by the snowplow just makes in hard for the road to drain off. Doug stated that he had plowed the road at the request of the other resident living on that road but will not do so in the future.

Mr. Richens asked if the commission would be participating with the State on Predator Control. The commission informed him they were in the amount of $2,000.00.

Udell Langdon - Road Issues
Mr. Langdon lives on Road # -----. The road goes to Roberts Roost & Snooks Roost . The ruts in the road are so deep he can hardly get through them. There is some question as to ownership of this section of road. Doug feels that Mr. Roberts is the owner. Commissioner Ross suggested that Mr. Langdon work with the property owners on the ¼ mile section below his house to get a deed for a 66ft. Right-of-Way. The county will then gravel it.

Motion: Commissioner Ross motioned that upon Mr. Langdon getting a 66ft deeded Right-of-Way or Easement to the county and recorded, the road department would gravel the ¼ mile of road. Commissioner Stradinger second. The motion carried. Roll Call Vote: All Commissioners Voting Aye.

...............Dixie Jones and Mac Reber joined the meeting...............

Hanna Water & Sewer Test Well - Mac Reber
Mr. Reber informed the commission that everything is in place for drilling the test well on a county Right-of-Way. Attorney Uresk will need to do the agreement with the legal description. If the well proves up it will be a permanent water source.

Motion: Commissioner Stradinger motioned to allow the drilling of the well pending the proper paper work. Commissioner Ross second. Motion carried. Roll Call Vote: All Commissioners Voting Aye.

Bid Awarding for County Cleaning Supplies
Neal Potter of Buildings and Grounds is not present today. After the commission discussed several options it was decided to table the decision until Mr. Potter could be present. This will be on the agenda for next week.

NE Counseling CIB Funding Request - Randy Bachman and Kyle Snow  Mr. Bachman is requesting the commissions support for Northeastern Counseling's request for CIB Funding for construction of a building in Roosevelt. He also requested that Duchesne County Fund this through our Municipal Building Authority. He reported that they had made the same request with Uintah County for a building in Vernal. The new building for Mental Health and Substance Abuse will be built in Roosevelt, and will have 10,000 square ft. and is similar in structure being requested for in Uintah County. Mr. Bachman stated that about 50% of the staff work out of this area, and Northeastern is spending over $32,000 a year for rent. The proposed plan would be to receive a $650,000 - 20 yr no or low interest Loan from CIB and a $350,000 Grant, thus making the payments approx $32,000 per year and doubling their space.

The County's debt load was discussed and Commissioner Ross requested more information.

Motion: Commissioner Ross motioned to accept the report from Northeastern Counseling, and allow their request to be listed on the priority list for 2001 funding. Commissioner Stradinger second. The motion carried. Roll Call Vote: All Commissioners Voting Aye.

Discussion on Closing the Commission Agenda on Wednesdays  The commission feels that closing the agenda on Wednesday will give them time to prepare for the agenda items. By being prepared the commission will serve the citizens of this county more efficiently.

Mr. Holfeltz feels the commission should move the meeting to Tuesday's and they could use Mondays to prepare. The County Attorney would also be able to attend if they met on Tuesday.

Commissioner Stradinger stated that other county commission's also meet on Monday, this makes it more convenient to meet with them and to attend other meetings throughout the State.

Mr. Holfeltz feels that matters that come up at the last minute will not be able to be addressed by the commission if they adopt this change.

Attorney Uresk stated that the reason the commission wants this change is to have time to look at a matter and be prepared to make a decision at the commission meeting. If something comes up that needs immediate attention it can be added to the agenda by obtaining a commissioners signature.

Mr. Holfeltz thinks this is just a way to protect the commission and not serve the public.

Commissioner Thayne stated that if the commission is not prepared for an issue and the issue has to be put on the agenda again it is a waste of time for all involved.

Mr. Holfeltz complained that the agreement he presented last week is not on the agenda for approval this week.

Motion: Commissioner Stradinger motioned to close the agenda at 5pm on Wednesday's prior to the Monday meeting. Any matter put on the agenda after that time must have commissioner's signature. Commissioner Ross second. The motion carried. Roll Call Vote: All Commissioners Voting Aye.

Approval of 2001 Beer License - Hanna Country Store
Deputy Clerk/Auditor Carol Casey presented a beer license renewal for Hanna Country Store which has been reviewed and approved by the Sheriff's department.

Motion: Commissioner Stradinger motioned to approve the beer license renewal for Hanna Country Store. Commissioner Ross second. The motion carried. Roll Call Vote: All Commissioners Voting Aye.

Auditor's Office - Vouchers - Tax Adjustments - Finances
Vouchers: Clerk/Auditor Diane Freston presented vouchers #72437 to #72573 totaling $206,564.09 for approval.

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

Tax Adjustment - Assessor

Serial/Account	Year	Debit/Credit	Comment
1963-0001	2000	-$111.84	Adjusted 2000 value (error)
	1999	+$156.35	Adj. back taxes more accurate appraisal
1995-0003	2000	-$152.84	Reinstated on greenbelt
	1999	-$225.95	Reinstated greenbelt, canceled the roll-back tax

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

Finances:   Judy Mutton approached the commission regarding purchasing liability coverage for computer fraud. She stated that our insurance company UAC Insurance Mutual was recommending the protection. The coverage would be for outside hacking into our computers with a $500,000.00 policy. The cost to the county for this added coverage is $158.00 a year.

Motion: Commissioner Ross motioned to purchase the added coverage. Commissioner Stradinger second. The motion carried. Roll Call Vote: All Commissioners Voting Aye.

Deputy Clerk/Auditor Lee Woods read aloud a letter from an employee regarding the destroyed working commission minute tapes.

To:           Duchesne County Commission
From:      An Employee
Subject:  Diane Freston & Roland Uresk - Colman's & Holfelt's                   Harassment

I have worked with Diane & Roland for nine years. It is my opinion that they work hard for the County and are not trying to hide anything from the public. They have been accused by the Colman=s and Holfelt=s of destroying old minutes tapes. Coleman's have demanded that they be prosecuted and released from office for this act. These minutes were taken by the County Clerk Pat Barker at her time of office. These were working tapes and I know for myself when they were made. She quit taping her minutes about 1995 which would have make them four years old when Diane took office. With a little research and a phone call to the State Archives Pat Scott I have found that the destruction of the tapes was within the retention time allotted by the Government Records Access and Management Act. (GRAMA). The Code reads as:

Meeting Minutes Tape Recording- These are the tape recordings of the proceedings of regularly scheduled, special and emergency county board and committee meetings. They are used to create the official minutes, UCA 52-4-7 requires that Awritten minutes shall be kept of all open meetings@ and that they Ashall be available within a reasonable time after the meeting. AFor closed meeting, Athe public body shall either tape record the closed portion of the meeting or keep detailed written minutes that disclose the content of the closed portions of the meeting. A

The Retention is: 1-44
Retain for 1 year after approval of official minutes and then destroy, provided resolution of any related litigation.

Primary Classification
Public: UCA 63-2-301 (1) (e) (1997)

Secondary Classification
Private: UCA 63-2-304 (32)(1997): UCA 52-4-7.5(2)(1997)

(APPROVED 3/98)
The Colman=s and Holfelt=s also refuse to pay for any request that they make for copies, recording, or books etc. I have also found the code for this matter to read as in: 63-2-201 Right to inspect records and receive copies of records. 63-2-201(c) the person pays the lawful fees.

Roger Holfelt has also offered at no cost to the county to write us an ordinance to record minutes in our meetings. If this ordinance is adopted we will have to file a records series with the state and it can become costly to copy and maintain these tapes because we do not have the proper facilities to maintain this kind of record. The code for this reads. 63-2-201 (8)(a) A governmental entity is not required to create a record in response to a request
It is my opinion that the Colman=s and Holfelt=s should apologize to both Diane and Roland for the slander in the paper and on the radio. The paper and the radio should also print a retraction for their comments in this matter.

Executive Session - Pending Litigation
Motion: Commissioner Ross motioned to go into Executive Session for reasons of pending litigation. Commissioner Stradinger second. The motion carried. Roll Call Vote: All Commissioners Voting Aye.

Motion: Commissioner Ross motioned to go out of Executive Session. Commissioner Stradinger second. The motion carried. Roll Call Vote: All Commissioners Voting Aye.

Adjournment: 4:00 PM

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