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 MAY 21, 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, Road Supervisor Douglas Nielsen, Jerry Lisonbee, Beverly Park, Mike Brennan, Troy Sherrick, Jack Wood, Therena Morrill, Carol Casey

Prayer: Commissioner Ross
Pledge of Allegiance

Road Items - Supervisor Douglas Nielsen
Commissioner Ross discussed the proposed extension of the Bluebell route.   The change would be for the road from Bluebell to cross county road 121 from Neola and come into Roosevelt at L&L corner from the north.  The county has discussed the route change with UDOT several years ago, now because of the traffic and growth patterns the matter needs to be discussed again.  Doug will set up a meeting between UDOT, Roosevelt City, and the Commission on June 6th at 10:00 AM in the Roosevelt City Building. 

Doug informed the commission that the road department will start paving in Altamont on June 4, 2001.

Fairground and Horse Stall Contract - Jerry Lisonbee
Jerry informed the commission that the contract for last year is expired.   The commission commended Jerry on the fine work that he has done, and asked if he would like to continue on for another year.  Jerry said that he would agree to another year.

Motion:   Commissioner Stradinger motioned to renew the contract with Jerry Lisonbee for June 1, 2001 - June 1, 2002 for fairground and horse stall upkeep.  Motion second by Commissioner Ross.  Motion carried. Roll Call Vote:  All Commissioners Voting Aye.

Approval of Duchesne County Library Inter-net Policy - Lorie Evans  Lorie presented the recommendations from the library board inter-net policy public hearing.   The recommendations are:  The login be changed, the patron must have a library card and a password.  A screen on the computer to come up with the library policy.  Software to limit access to certain material.  Elimination of chat.   A timer.

Lorie is having some discipline problems at the library and she feels that if the computers were not available from 10:00 a.m. to 2:00 p.m. in the summer, and 3:00 p.m. to 5:00 p.m. in the winter it would eliminate the kids crowding around the computers.

Commissioner Stradinger suggested that programs like story telling, and activities to channel their interest would be more productive than limiting access time to the computers.  She says a public library needs public access.

Approval of Duchesne County Library Technology Plan 2001-2004 - Lorie Evans   Lorie stated that the library board has approved the technology plan to come into compliance with the legislation.

Commissioner Ross and Commissioner Stradinger agree that the decision to set policy on limiting computer time or any other matters should be left to the library board.  The commission should then review policy and set the budget.

...............Stoney Monks, Cheryl Young, Judy Mutton, Georg Adams, Leann Stewart, Becky Norris, Andrea Higbee
joined the meeting...............

Discussion on Unsolicited Computer Proposal - Sherrick Computer   Attorney Uresk informed the commission that he has prepared a memorandum for their review before they address the unsolicited computer proposal.

MEMORANDUM
From Roland Uresk to Duchesne County Commissioners
Regarding the Computer Proposal

I have had an opportunity to review the procurement code in regard to the proposal submitted by Sherrick Computers.  There are some areas of concern regarding the procedures taken in considering this proposal and of which I believe the Commissioners need to be aware.

The procurement code requires that contracts with the county be let out for bid.  The bassis for this requirement is so that vendors will have the benefit of fair competition and the county will receive the benefit of the lowest and best price.

The procurement code sets forth exceptions to the requirement of all contracts being bid.  In Section 63-56-23 entitled "Circumstances Justifying Award of Contract Without Competition" states:  A contract may be awarded for a supply, service, or construction item without competition when, under rules and regulations, the chief procurement officer, the head of the purchasing agency, or a designee of either officer above the level of procurement officer, determines in writing that 1)  There is only one source for the required supply, service, or constructions item or 2)  the award to a specific supplier, service provider, or contractor is a condition of a donation that will fund the full cost of the supply, service, or construction item.

In keeping in compliance with the procurement code the Commission would have to issue, in writing, a determination that there is only source for the required service, to wit:  management of the ocmputer services for the county.

Section 63-56-21 allows a submission of ocmpetitive sealed proposals in lieu of bids, but sets forth a specific procedure that requires a determination that competitive sealed bidding is not practicable or not advantageous to the state.  This requires that the Commission make rules establihsing guidelines to assure maximum known practicable competition in these type of proposals.  It also sets up a format in which the content of the proposals are to be kept confidential pending the discussions and negotiations for final proposal.

It has been suggested that the county can consider this if it is an unsolicited proposal.  Nowhere in the procurement code is the issue of an unsolicited proposal addressed directly.  I have been unable to find any case law that supports the position that an unsolicited proposal does not require any type of competitive bid or competitive sealed proposal.  The only basis for this is an inference that the statue provides for solicited proposals and does not address the issue of unsolicited proposals and an argument could be made that unsolicited proposals would not be required to be bid.  The overall effect of the procurement code, however, is to foster competitive bidding when the government agency deals with private vendors.   This should result in a fair opportunity for those who offer their services as well as for a fair and reasonable cost for the government agency.

I also have some concerns about this unsolicited proposal.   If this matter goes to court, the facts surrounding the surfacing of this proposal will be crucial to determining whether or not it was truly unsolicited.  In a meeting with the department heads and other elected officials a statement was made as to why the County needs to change the computer program.  The response from the vendor was that it was suggested by a commissioner.  If the contract is challenged, this factor may be used to establish the fact that the proposal is truly not an unsolicited proposal.   Another fact is the item being placed on the agenda.  The Clerk's office received a request from Mike Brennan of Sherrick Computer to place the matter on the agenda for decision.  The fact the Mr. Brennan has been actively involved in pushing through this contract proposal and the appearance that he has the consent of the Commissioners to do so may be used to cast doubt on the proposal being unsolicited.

In proceeding forward with this matter it is very critical that we follow the procurement code and when we wneter into areas not covered by the procurement code that we give specific reasons why we are doing so.  Furthermore, it would be to everyone's best interest for the vendors not to have such an active role in the decision of whether or not this proposal is accepted.

I am bringing these concerns for your attention due to the problems we incurred the last time we wnetered into the computer contract with Sherrick Computer.  Even though I determined that any action on the part of vendors not receiving a contract would not be successful against the County, there were areas of major concern that although liability would not have attached, issue could have been rasied and placed us in a position of being a defendant in a lawsuit.

If you have any questions regarding this, please do not hesitate to contact me.

Commissioner Ross asked why this discussion item is on the agenda at this time.  Commissioner Stradinger stated she had asked Mr. Brennan to put it on.   Commissioner Thayne reminded everyone that when Sherrick Computer came in two weeks ago the commission promised a decision in two weeks.  Commissioner Ross stated the county needs time to review and research the proposal.  He said the department heads are not in favor of changing John Singers CTxMS program at this time. 

Commissioner Stradinger stated that the replacement of CTxMS and Caselle programs is an additional offer and is not part of the origianl proposal that Sherrick Computer submitted last fall.

Commissioner Thyane reminded everyone that the replacement of the two programs is not to be considered part of the proposal.  He also stated that anyone wanting to do research should do so.

Attorney Uresk stated that the memorandum only indicates that there is a law, and we are in an area that has not been spelled out by case law.  As of now the ocmmission may treat this as an unsolicited proposal and can move forward.  If we have to treat this as a solicited proposal we must make sure that the documents submitted remain confidential.

Commissioner Stradinger is concerned about the confidential aspect because copies of the proposal have already been passed out to elected officials.   Commissioner Stradinger is disappointed that when a proposal is offered to save the county money there is so much resistance.  She would like the Commission to remain open and fair minded when reviewing proposals such as this.

Motion:  Commissioner Stradinger motioned to continue the discussion in an executive session tomorrow Tuesday May 22nd at 11:00 a.m. and a decision will be announced on Thursday May 24th at 11:00 a.m. in a special commission meeting.  Commissioner Ross second.  Motion carried. Roll Call Vote:  All Commissioners Voting Aye.

...............George Bennett, Mike Crozier, Clint Taylor and Rebecca Rhoades joined the meeting...............

Bid Opening - Duchsne County Fire Stations - 2001
One bid submitted:  C&T Construction:  Altamont Station - $68,007; Duchesne Station - $92,067; Fruitland Station - $68,038; Totaling - $228,107.

Motion:   Commissioner Ross motioned that Georg Adams County Fire & George Bennett the architect for the project take a few minutes to review the bid.  Commissioner Stradinger second.  Motion carried.  Roll Call Vote:   All Commissioners Voting Aye.

George Bennett and Georg Adams informed the commission that the bid from C&T Construction was in order.

Motion:   Commissioner Stradinger motioned to accept the bid from C&T Construction for Duchesne County fire stations in the amount of $228,107  Commissioner Ross second.   Motion carried.  Roll Call Vote:  All Commissioners Voting Aye.

Zone Change - Wade & Rebecca Rhoades
Requesting a zone change from 2.5 acre Agricultural zone to Rural Residential one acre zone, Sec. 32, T1N, R8W, located in the Hanna area.

Clayton informed the commission that the planning commisison had reviewed the request, six members were favorable, one member opposed citing that if they are going to do zone changes they should do areas instead of individual parcels.

Motion:   Commissioner Stradinger motioned to approve Ordinance No. 01-180.   Commissioner Ross second.  Motion carried.  Roll Call Vote:  All Commissioners Voting Aye.

ORDINANCE NO. 01-180
AN ORDINANCE CHANGING THE ZONING FROM AGRICULTURAL, A 2.5-ACRE ZONE, TO R (RURAL RESIDENTIAL), A 1-ACRE ZONE

WHEREAS Duchesne County has adopted a zoning ordinance , zoning portions of the county for various uses, and

WHEREAS a property owner has petitioned the county to change the zoning for use from Agricultural, a 2.5-acre zone, to R (Rural Residential), a 1-acre zone on a parcel of property located in Section 32, Township 1 North, Range 8 West, USM., and

WHEREAS the matter has been brought before the Duchsne County Planning and Zoning Commission, and

WHEREAS the Duchesne County Commisison has had a full discussion of the matter in a public meeting, and

BE IT HEREBY ORDAINED as follows:  The current zoning of Agricultural, a 2.5-acre zone, is changed to RR (Rural Residential), a 1-acre zone for the following parcel of property described as follows:

Section 32, Township 1 North, Range 8 West U.S.M.   Comencing at the North Quarter corner of Section 32, Township 1 North, Range 8 West, U.S.B. & M.  Thence South 14*35'57" East 2115.94 feet to the highway reight of way monument at engineers station 1181 + 66.57, State Highway 35, said pint being the true point of beginning:  Thence South 51*35'11" East 109.00 feet along the North right of way line of said Highway; thence North 38*24'49" East 100.00 feet; thence North 30.00 feet; thence North 56*05'36" West 418.22 feet; thence West 62.29 feet to said right of way line; thence Southeasterly 380.14 feet along said right-of-way on a curve to the left, (said curve having a radius of 1382.46 feet, a central angle of 15*45'18", and a chord which bears South 43*42'29" East 378.95 feet) to the true point of beginning, containing 1.00 acres.

Official Naming of Duchesne County Water Conservancy District
RESOLUTION NO. 01-07
A RESOLUTION ADOPTING THE NAME OF THE DUCHESNE COUNTY WATER CONSERVANCY DISTRICT

WHEREAS Duchesne County has created a water conservancy district covering the entire county and;

WHEREAS the district has been referred to as the Duchesne County Water Conservancy District, and;

WHEREAS State law requires that the use of a county's name in a district requires the consent of the county,

BE IT THEREFORE RESOLVED by the Board of County Commissioners for Duchesne County that the official name of the water conservancy district covering Duchesne County shall be the Duchesne County Water Conservancy District.

Motion:   Commissioner Ross motioned to approve Resolution No. 01-07.  Commissioner Stradinger second.  Motion carried.  Roll Call Vote:   All Commissioners Voting Aye.

Approval of May 14, 2001 Minutes:    The commission minutes were reviewed and corrections made.

Motion:   Commissioner Stradinger motioned to approve the minutes of May 14, 2001 with corrections.  Commissioner Ross second.  Motion carried.  Roll Call Vote:  All Commissioners Voting Aye.

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

Personnel Issues:  Judy Mutton discussed a problem describe in the independent audit report with department heads and elected officials not signing time sheets in a timely manner.

Tax Adjustment - Assessor

Serial/Account	Year	Debit/Credit	Comment
RCR-2-IW	1997	-$147.64	remove mobile/assessor error
RCR-2-IW	1998	-$160.44	remove mobile/assessor error
RCR-2-IW	1999	-$225.95	remove mobile/assessor error
RCR-2-IW	2000	-$220.08	remove mobile/assessor error

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

Vouchers:   Clerk/Auditor Diane Fresotn presented vouchers #73347 to #73487 totaling $265,350.67 for approval.

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

Adjournment:  3:45 PM

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