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 APRIL 2, 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, Commissioner Lorna Stradinger.

Others Present:  Road Supervisor Douglas Nielsen, Deputy County Attorney Roland Uresk, Clerk/Auditor Diane Freston, Deputy Clerk/Auditor Carol Casey, Laura Lowe, Wanda Durham, Shauna Perry, Edelgan VanZalinge, Beverly Park, Regina Barnhurst.

Prayer: Commissioner Stradinger
Pledge of Allegiance

Minutes - The commission minutes for March 26, 2001 were reviewed and corrections made.  Motion: Commissioner Stradinger motioned to approve the minutes with corrections. Commissioner Ross second. Motion carried. Roll Call Vote: All Commissioners Voting Aye.

Road Items - Supervisor Douglas Nielsen
Supervisor Nielsen presented UDOT Construction Change Order#1 that deletes Item No. 3 Survey of County Bridge Replacement Project No. BRO-LCC13(2) from Flare Construction. Flare Construction chose to delete the item and to add these services to the Engineers work task. The survey will be done by Horrocks Engineers under Service Agreement #018272 in the same work task and dollar amount of $27,000.00.

Motion: Commissioner Ross motioned to agree to the UDOT Construction Change Order #1. Commissioner Stradinger second. Commission Chairman Thayne signed the change order. Motion carried. Roll Call Vote: All Commissioners Voting Aye.

Doug reported that the road department is now working full time on the roads in the Pinion Ridge area.

Commissioner Thayne asked about the plans for pavement on the road near Roy Retallick's residence in Upalco. Doug answered that the Roy Rattallick road is not on the 2001 paving list, but if the commission wanted to do this instead of another one on the list it would be ¼ mile from SR 87 to Jct. Or 1.6 mile SR 87 to SR 87, but we would need additional Right of Way to take it out to county specs. The commission will inspect the road before a decision is made.

Commissioner Stradinger mentioned that there is a large pot-hole which needs filled at the four corners intersection on the Cedarview road.

Commissioner Ross reminded Doug that the forest service is closing road 118 in Uintah Canyon for reconstruction of the bridge. The road will be closed until June.

Mrs. Lowe introduced herself as the spokesperson of the road committee for Pinion Ridge. She thanked the road department for the work that has been done and is being done in the area. It is her desire to have a map of the area to outline the roads that have been worked on, and the roads that are next in line for improvement. Doug stated that there is a map with this information and he will get Mrs. Lowe a copy.

State Fire Billing for the year 2000 - Georg Adams
Georg informed the commission that the proposed State reimbursement for wildland fires on private land in the county for the year 2000 is $24,376.50. This billing did not come in until recently and has not been confirmed yet. Georg did not know that the bill would be so costly and money was not set aside or budgeted to pay this bill. Auditor Freston, the commissioners, Deputy Attorney Roland Uresk and Georg discussed various options to pay the bill. Inasmuch as the excess monies from the county fire and state fire budgets from 2000 were transferred into the Capital Lease Fund 41. Diane suggested that the county open the 2001 budget to pay the Reimbursement for the wildland fire suppression costs billing.

Motion: Commissioner Stradinger motioned to pay the reimbursement billing to the State of Utah Forestry, Fire and State Lands Division. Commissioner Ross seconded. Motion carried. Roll Call Vote: All Commissioners Voting Aye.

State of Utah Fire Suppression Fund - Georg Adams
Georg discussed the State of Utah Wildland Fire Protection Fund presented by the State of Utah Forestry, Fire and State Lands Division. This is a proposed insurance fund to help counties with their wildland fire billings. The formula is as follows.

Determination of assessment fee:  Unincorporated county acreage = 585,703 x 0.01 = $ 5,857.00

Taxable value of above - $219,684,150 x 0.0001 = $21,968.00  Cash outlay to fund = 25%   Incentive program (in kind) = 75%

Presuppression programs: Flyers (public education)
Water caches (buried tanks)
Task Force equipment (tankers and pumpers)
Costs associated with building TF equip.
County ordinance
Fire Warden Salary

Motion: Commissioner Ross motioned that the county join the Fire Protection Fund (insurance) in the amount of $27,825.00 based on the formula. Commissioner Stradinger voted nay. She says that she has concerns that in the event that the state were to have another lead fire year, the fund could run out as it did last year. Commissioner Stradinger admits that although the state legislature agreed to pick up the tab last year, they may not always be willing to do so and the county may be left looking for funds elsewhere. Roll Call Vote: Commissioner Ross and Commissioner Thayne voting Aye. Commissioner Stradinger voting Nay. Motion carried.

Television Contract - Joe LeBeau
Mr. LeBeau is unable to meet with the commission today.

Motion: Commissioner Stradinger motioned to rescind the motion made in commission meeting on March 5, 2001 referring to payment of TV services for Mr. LeBeau, with the understanding that the issues of his contract will be resolved in a timely manner. Commissioner Ross second. Motion carried. Roll Call Vote: All Commissioners Voting Aye.
   
Adoption of Resolution 01-03 - Clerk/Auditor Diane Freston
The following resolution was reviewed and adopted setting the procedure for charging admin costs at the Delinquent Tax Sale to be held May 17, 2001.

RESOLUTION NO 01-03
RESOLUTION ESTABLISHING METHOD, RULES, AND PROCEDURES FOR THE 2001 TAX SALE AND ALLOCATING ADMINISTRATIVE COSTS TO DELINQUENT PROPERTIES.

WHEREAS the County Commission is charged under Utah Law with determination of the method of sale of delinquent properties for delinquent taxes; and

WHEREAS the attached "METHOD OF SALE" and "DUCHESNE COUNTY TAX SALE RULES", appear to facilitate the objectives of protecting the financial interest of the delinquent owner while meeting the county's need to collect delinquent taxes due; and

WHEREAS the Tax Sale creates costs of administration including advertising, recording, noticing, offering, mailing, etc.;

NOW THEREFORE, be it resolved that the attached PUBLIC NOTICE, METHOD OF SALE, and DUCHESNE COUNTY TAX SALE RULES, are hereby adopted to govern the Duchesne County Tax Sale, and be it further resolved that any parcels that have taxes due in the amount of $200.00 or more a fee in the amount of 5% of the total amount of taxes, penalty and interest be assessed for "administrative costs" with a minimum of $78.00 per parcel, with an additional fee of $2.00 for preparation of the deed and $10.00 for the recording of the deed as per Utah Code 59-2-1351.9d and be it further resolved said fee be added to the taxes, penalties and interest outstanding on each delinquent property to cover a proportional share of the costs of such administration. If the amount of taxes due are less than $200.00 a minimum fee in the amount of $38.00 will be assessed for "administrative costs" per parcel, with an additional fee of $2.00 for preparation of the deed and $10.00 for the recording of the deed as per Utah Code 59-2-1351.9d and be it further resolved said fee be added to the taxes, penalties and interest outstanding on each delinquent property to cover a proportional share of the costs of such administration.

Published in the Uintah Basin Standard April 24; May 1, 8, 15, 2001.

Motion: Commissioner Ross motioned to accept Resolution 01-03. Commissioner Stradinger second. Motion carried. Roll Call Vote: All Commissioners Voting Aye.
   
Approval of Tax Sale Rules for the May 17, 2001 Delinquent Tax Sale   Clerk/Auditor Diane Freston presented the following Tax Sale Rules to the commission for their approval for the May 17, 2001 Delinquent Tax Sale.

PUBLIC NOTICE
2001 TAX SALE
DUCHESNE COUNTY

Notice is hereby given that on the 17th day of May, 2001 at 10:00 A.M. in the commission chambers of the Duchesne County Administration Building, 734 North Center, Duchesne City, Duchesne County, Utah, the Duchesne County Clerk-Auditor, Diane Freston, will offer for sale at public auction and sell to the highest bidder for CASH OR CERTIFIED FUNDS pursuant to the provisions of Section 59-2-1351.1 Utah Code, the following described real property located in said County and now delinquent and subject to tax sale. A bid for less than the total amount of taxes, interest, penalty and administrative costs, which are a charge upon said real estate, will not be accepted. NO PERSONAL CHECKS WILL BE ACCEPTED IN PAYMENT OF BID.
METHOD OF SALE

The Board of County Commissioners of Duchesne County has determined the following method of sale best meets the objectives of protecting the financial interests of the delinquent property owner and collecting delinquent property taxes due:    The highest bid amount for the entire parcel of property shall be accepted; however, a bid may not be accepted for an amount that is insufficient to pay the taxes, penalties, interest and administrative costs. Any amount received in excess of the taxes due to all local governments and any administrative costs by the County shall be treated as surplus property and paid to the State Treasurer.
DUCHESNE COUNTY TAX SALE RULES
    1.    Duchesne County prohibits collusive bidding which has been interpreted to mean any agreement of understanding reached by two or more parties that in any way alters the bids the parties would otherwise offer absent the agreement or understanding.
    2.    Any person or persons who would be in a position of conflict of interest shall not be permitted to bid for any tax sale properties.
    3.    A bidder shall pre-register prior to bidding and be given a number for bidding purposes. In the registration, bidder shall properly and clearly identify correct information and address for use in issuance of deeds.
    4.    If the amount of taxes due are $200.00 or more a fee in the amount of 5% of the total amount of taxes, penalty and interest will be assessed for "administrative costs" with a minimum of $78.00 per parcel with an additional of $2.00 for preparation of the deed and $10.00 for the recording of the deed as per Utah Code 59-2-1351.9d and be it further resolved said fee be added to the taxes, penalties and interest outstanding on each delinquent property to cover a proportional share of the costs of such administration.
    5.    If the amount of taxes due are less than $200.00 a fee in the amount of $38.00 per parcel with an additional of $2.00 for preparation of the deed and $10.00 for the recording of the deed as per Utah Code 59-2-1351.9d and be it further resolved said fee be added to the taxes, penalties and interest outstanding on each delinquent property to cover a proportional share of the costs of such administration.
    6.    The period to redeem property prior to the closing of the books and the beginning of the tax sale shall end on May 16th, 2001 at 5:00 P.M.
    7.    The County Clerk-Auditor shall withdraw from the tax sale any properties that have been redeemed prior to the closing of the books on May 16th, 2001, at 5:00 P.M.
    8.    If the County Clerk-Auditor discovers before the tax sale that because of an irregular or erroneous act or assessment, legal description or amount due, said property should not be sold. The County Clerk-Auditor may not sell the property, and the county legislative body shall cause the tax records to reflect the correction in the next succeeding year.
    9.    If the County Clerk-Auditor, subject to approval by the county legislative body, issues a written finding that it may be in the best interest of the public to withdraw a property from the tax sale, the County Clerk-Auditor may withdraw the property from the sale.
    10.    Loud whispering, yelling or talking, other than bids, must be avoided so that accurate records may be kept of the proceedings of the sale.
    11.    The County Clerk-Auditor will state the amount of taxes, penalties, interest, and administrative costs on the parcel being offered for sale, which is the amount at which bidding will begin at the lowest acceptable bid.
    12.    The bidder first recognized by the County Clerk-Auditor will be the first bid recorded, etc. As in any auction, the bid recognized is the one in effect at the time.
    13.    Upon receipt of a bid sufficient to pay taxes, penalties, interest and administrative costs on the parcel, higher bids shall be solicited in no less than $10.00 increments. The bid received in the highest dollar amount, when the County Clerk-Auditor tenders no higher bids upon request, shall be the bid accepted (if such bid is otherwise acceptable under these rules).
    14.    The final bid number announced by the County Clerk-Auditor is the official sale, and the previously registered name and address will be the name that will go on the deed.
    15.    The County Commission may reject any and all bids on the grounds that none is acceptable.
    16.    Once the County Clerk-Auditor has offered for sale all properties on the tax sale list all remaining properties that did not receive a bid shall be struck and become property of Duchesne County.
    17.    Once the County Clerk-Auditor has closed the sale of a particular parcel of property as a result of accepting a bid on a parcel, the successful bidder or purchaser of the property may not unilaterally rescind the bid. The county legislative body, after acceptance of a bid, may enforce the terms of the bid by obtaining a legal judgment against the purchaser in the amount of the bid, plus interest and attorney's fees.
    18.    Only cash or certified funds will be accepted in payment for property. Payment shall be made to the County Treasurer on or before 5:00 P.M. the day of the sale.
    19.    One deed, and only one deed, will be issued to the successful bidder on each parcel sold.
    20.    Any person wishing to contest any action taken in connection with the tax sale must present such protest to the Duchesne County Commissioners, in writing, within ten (10) days of the sale.
    21.    All bids shall be considered conditional, whether or not the bid is contested, until reviewed and accepted by the Board of County Commissioners, acting at a regularly scheduled meeting after the above said (10) day protest waiting period. Once the tax sale has been reviewed by the Board of County Commission said sale shall be ratified.
    22.    Upon ratification of the tax sale the County Clerk-Auditor shall prepare the tax deeds and deliver said deeds to the County Recorder.
    23.    Upon receiving the tax deeds the County Recorder shall record all said deeds and mail to property owners.
    24.    Any property listed may be subject to a rollback tax under the provisions of "THE FARMLAND ASSESSMENT ACT", Utah Code Section 59-2-501 thru 59-2-515.

IN WITNESS WHEREOF I HAVE SET MY HAND AND OFFICIAL SEAL THIS 2ND DAY OF APRIL 2001.
DIANE FRESTON
DUCHESNE COUNTY CLERK-AUDITOR
Published in the Uintah Basin Standard April 24; May 1, 8, 15, 2001.

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

    ...............Afton Giles and Grace Hiseman joined the meeting...............
   
Tabiona Town Road Improvements
Mrs. Afton Giles addressed the commission. Mrs. Giles sits on the Tabiona Town Council. She and Secretary Grace Hiseman are here today to ask the county commission for support in upgrading the streets in Tabiona Town. Duchesne County and Tabiona Town have a coop agreement beginning in 1998 for twenty years on "C" Road upkeep on the streets, and she realizes that it could take that long to do the improvements. Last year the town installed a secondary water system, however now the trenches crossing the roads and streets are sinking. Mrs. Giles is looking for funding for upgrading, and paving the streets.

The commission informed Mrs. Giles that there is grant and loan money available for small towns. Commissioner Stradinger advised Mrs. Giles to contact Laurie Brummond at UBAG for information. Commissioner Ross suggested that the town council cancel their contract with Duchesne County, ask for the unused portion of their monies back from the county and go on their own. The amount that the county is holding at this time for Tabiona is $26,690.00. All three commissioners felt that Tabiona Town could get better funding as a single entity using their "C" Road money for grant match money. It was suggested that the ladies go back to their council members to discuss this option.

...............Judy Mutton, Personnel Manager joined the meeting...............    

Auditor's Office - Vouchers - Department Head Time Sheets - Tax Adjustments - Personnel Issues

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

Tax Adjustments - Assessor

Serial/Account	Year	Debit/Credit	Comment
328020	2000	-$200.00	Reduced valuation, error in appraisal

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

Vouchers: Diane Freston presented the vouchers #72727 to 72789 totaling $46,915.51 for approval.

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

Personnel Issues: Judy Mutton presented a request of reduction of education repayment fees for a former employee from the corrections office. Currently the agreement calls for 75% of wages, housing, meals and travel be paid back for this person.

Motion: Commissioner Ross motioned that the wages be waived and that the employee pay the remaining amount to bring the issue to a conclusion. Commissioner Stradinger second. Motion carried. Roll Call Vote: All Commissioners Voting Aye.

County Summer Activity and Employee Christmas Party - Judy Mutton, Personnel   Judy asked if the commission would like to continue with the summer and winter employee activities like last year. The commission felt that the parties were a success and would like to continue.

Motion: Commissioner Ross motioned to continue with the Duchesne County Family Summer Activity to be held in August. Commissioner Stradinger second. Motion carried. Roll Call Vote: All Commissioners Voting Aye

Motion: Commissioner Stradinger motioned to continue with the Duchesne County Christmas Dinner and that a $30.00 gift certificate be given each employee to be redeemed at any of the businesses in Duchesne County for Christmas. Commissioner Ross second. Motion carried. Roll Call Vote: All Commissioners Voting Aye.

Adjournment:   4:00 PM

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