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 JUNE 4, 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 Attorney Roland Uresk, Lorie Evans, Clayton Chidester, Roger Holfeltz, Bob West, Therena Morrill, and Deputy Clerk Carol Casey.

Prayer: Commissioner Thayne
Pledge of Allegiance

Approval of May 21, 2001 Minutes -  The commisison miinutes were reviewed and corrections made.

Motion:   Commissioner Stradinger motioned to approve the minutes of May 21, 2001 with corrections.  Commissioner Ross second.  Motion carried.  Roll Call Vote:  All Commissioners Voting Aye.

Road Items - Supervisor Douglas Nielsen
Doug presented a payment request from Horrocks Engineering in the amount of $39,133.30 for the Strawberry River Bridges project.  This request is part of Horrocks total contract which is $171,000.00.

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

Doug presented a proposal from Cate Equipment regarding the purchase of a Rosco asphalt sweeper in the amount of $34,500.00.  The county will trade in the old air track drill used at the Whiterocks Tar Sands pit to Cate Equipment for $11,000.00 making the cost of the sweeper $23,500.00.

Motion:   Commissioner Stradinger motioned to accept the bid from Cate Equipment.   Commissioner Ross second.  Motion carried.  Roll Call Vote:  All Commissioners Voting Aye.

Commissioner Thayne suggested to Doug that in the future he get several bids form different companies to insure that we are getting the best price.

Clayton Chidester approached the commission.  He informed them that the Planning and Zoning Commission will be taking their annual road tour on Friday June 15th to consider the roads on the east side of the county for paving in 2002.

Commissioner Thayne would like to see more community involvement in the decision on which roads need improvement.

James Lindsay Road Project
Attorney Roland Uresk discussed claims Mr. Lindsay has regarding the Liddell property and oil well access road between Mr. Home and Altonah.  Mr. Lindsay wants to reroute the road.  Mr. Lindsay's claim is that there is a portion of the old road that has no easement and he is going to close it to public use.  Because of conflicting interests Commissioner Thayne asked that he not be included in any discusison or decision of this matter.

Commissioner Ross, Commissioner Stradinger, and Deputy County Attorney Roland Uresk discussed the problems of moving the road.  Due to an unsafe approach to County Road #115 there is not a reasonable alternative.  The commission discussed the future action the county could take if Mr. Lindsay were to close the road.

Commissioner Ross suggested that Attorney Uresk respond to Mr. Lindsay's attorney and indicate that due to the present location of the fence the commission are to assume that Mr. Lindsay and the road department were in agreement when the route change was done approximately ten years ago.  The letter of the response from our Deputy County Attorney to Mr. Lindsay's attorney follows:

I am in receipt of your letter of May 28, 2001 concerning the request of Jim Lindsay.   I presented the letter to the Commissioners at their regularly scheduled meeting on June 4th.

In approximately 1992 or 1993 the County undertook a project to straighten out the roadway between Mountain Home and Altonah which was known as County Road 115.  At the time the old roadway was a series of curves where the road dropped off into the Lakefork Drainage.  One of these curves was located on Mr. Lindsay's property.  When the County straightened the road they relocated the Liddell property and oil well access road to the edge of the hill and opened additional property for Mr. Lindsay and his family to cultivate.  This relocation of the road was done with Mr. Lindsay's consent.   Mr. Lindsay was present during the construction of that roadway and never voiced his objection.  Our research also indicates that he had conversations with the then road supervisor Leon Fillingim about the relocation of the old existing road and the access road to the Marcus Liddell property and the oil well.  As a result of these discussions a fence was constructed which indicates Mr. Lindsay's agreement with the relocation of the road.

In your letter you said that the Liddell and oilfield road enters onto Road 115 on a blind hill, and you suggested that the road be relocated to the east edge of Mr. Lindsay's property in order that the access onto Road 115 be located further east of the existing access.  In reviewing this matter the Commisison has determined that the existing access raod to the Marcus Liddell property and nearby oil well is not a county road.   It does not appear on either our Class B or Class D roadmaps.  This roadway is clearly a private easement.

I checked with the Duchesne County School District and was told that the school district had requested the relocation of the access to avoid problems of visibility that were inherent in the location of the original acces.  The Duchesne County School District Transportation Department has concerns about changing the access to the location requested by Mr. Lindsay.  I believe the county relocated the orignal access somewhat to the west to avoid problems with the slope of the access onto Road 115 and the site for oncoming traffic.  In the current location any vehicles coming from the east will have a clear view of any vehicles coming onto the roadway and for those vehicles coming from the west there is sufficient distance to allow them to see the vehicles ands top in time to avoid a collision.

In your letter you indicated that Mr. Lindsay intends to fence off the roadway.  By doing so he is going to deny the Liddells and the oil company access to their properties where he himself has stated that they have access across his property.  The county has no interest in this roadway and by Mr. Liddell and will not be affected by such closure.  Howeber, in order to alleviate some of the problems incurred by Mr. Liddell and the oil company due to Mr. Lindsay's action, the county would not be adverse to reopening the old roadbed of Highway 115.  I have highlighted this section for your information on the map enclosed herein.  Please be aware that Duchesne County has never vacated this seciton of the road and by State statute public roads are not abandoned by mere non-use.  Such abandonment requires an overt act upon the part of the Commission to hold a public hearing and determine that the public no longer has an interest in that road.  Therefore, the old road could be reestablished on the property of Mr. Lindsay to avoid any adverse affects on the Liddells and the oil company.   At the present time two county commissioners express an itnerest in not putting in the new access.  Please bear in mind that Commissioner Guy Thayne, the son-in-law of Jim Lindsay, has removed himself from consideration in this matter and did not participate in the decision.

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

Sincerely,

Roland Uresk

The county's interest is to provide an access to the oil company and the homeonwer.  The county would like the road to stay where it is.

...............Mr. & Mrs. Erwin Rust, Gayle Young, Officer Mark Nielsen and Officer Dan Bruso joined the meeting.  Attorney Uresk excused himself for an appointment...............

Eagle Estates Subdivision Phase Three Amendment One - Bob West   Sec 13, T2S, R2W Lots 12, 13, 14, & 15 Located in Hancock Cove Area.

Mr. West and Clayton Chidester addressed the commisison with the proposed amendment.  Clayton stated that the planning commisison has given their recommendation.

Motion:  Commissioner Ross motioned to accept the changes to Eagle Estates Subdivison Phase Three Amendment One.  Commissioner Stradinger second.  Motion carried.  Roll Call Vote:   All Commissioners Voting Aye.

Ordinance No. 01-181 Zone Change - Larry Worthington
Gayle Young approached the commission.  She is representing Mr. Worthington.  Mr. Worthington acquired this property from the Youngs and is requesting the zone change in order to get a building permit.  Clayton reported that the planning and zoning commission gave a favorable recommendation.  One member voted nay.  His reason is that he is not in favor of small individual zone changes.   He would like to rezone a whole area.

ORDINANCE NO. 01-181
AN ORDINANCE CHANGING THE ZONING FROM A/R-1 (AGRICULTURAL/RECREATIONAL), A 5-ACRE ZONE, TO A (AGRICULTURE), A 2.5-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 A/R-1 (Agricultural/Recreational), a 5-acre zone, to A (Agricultural), a 2.5-acre zone on a parcel of proepryt located in Seciton 7, Township 3 South, Range 8 West, USM., and
WHEREAS the matter has been brought before the Duchesne County Planning and Zoning Commission, and
WHEREAS the Planning and Zoning Commission has held a public hearing on said zone-change request and after due consideration recommends that the zone change be granted, and
WHEREAS the Duchesne County Commission has had a full discussion of the matter in a public meeting, and
BE IT HEREBY ORDAINED as follows:
The current zoning of A/R-1 (Agricultural/Recreational), a 5-acre zone, is changed to A (Agricultural), a 2.5-acre zone for the following parcel of property described as follows:  Township 3 South Range 8 West U.S.B. & M.  Section 7:   Beginning at a point which is North 27*466'21" East 1402.17 feet from the South Quarter corner of said section, said point being on the West line of that percel described on page 868 Book A-148 of deeds on file in the Duchesne County Recorder's office:  Thence North 00*22'30" East 290.53 feet (North by record) to the Northwest corner of said parcel; Thence North 0*22'21" East 193.44 feet to a rebar; Thence North 73*32'25" West 413.66 reet to parcel described on page 756, Book A-280 of deeds in said Recorder's office; Thence the following fourteen courses along said centerline; South 53*38"27" East 42.20 feet; thence South 49*12'10" East 48.79 feet; Thence South 40*04'42" East 66.10 feet; Thence South 36*51'42" East 37.03 feet; Thence South 34*50'51" East 36.94 feet; Thence South 38*01'27" East 21.16 feet; Thence 36*48'09" East 36.75 feet; Thence South 00*24'04" West 42.13 feet' Thence South 42*30'09" East 31.90 feet; Thence South 61*12'18" East 92.44 feet to the point of beginning.  Containing 3.08 acres, Together with a 20 foot wide right of way from the county road along an existing road to the above described parcel.

Motion:  Commissioner Ross motioned to approve the Ordinance No. 01-182.  Commissioner Stradinger second.  Motion carried.   Roll Call Vote:  All Commissioners Voting Aye.

Approval of Technology Plan/Inter-Net Policy for Duchesne County Library - Lorie Evans
Lorie explained the need for the library to purchase a new printer.

Commissioner Ross suggested that the library board and Lorie determine if they can afford a printer and if it is in the budget.

Lorie informed the commission that the state library consultant has reviewed the inter-net policy and made his recommendation for changes.

The Tecknology Plan will be presented to commisison after the library board has given their final approval.

The commisison and Lorei reviewed the purchase of new books and different avenues to pursue to find the best prices.

Bookmobile Grants - School District/Duchesne County Agreement   Commissioner Thayne reviewed the agreement the county made with the school district regarding the sharing of two grants written by the state library board.  The grants are in the amount of $10,304 and $10,352.  What is proposed is that Duchesne County and the school district share these equally.

Commissioner Ross stated that Carolyn Gillman Chariman of the Library Board represented the library board in recommending that the bookmobile service continue.   Space at the old county building will be provided for book storage.

Motion:  Commissioner Ross motioned that the state library service sustaining subsidy grant for $10,304, and the public library evelopment grant of $10,352 be shared equally with the school district.  The agreement will begin July 1, 2001 and pro-rated for the next six months.  Motion second by Commissioner Stradinger.  Motion carried.  Roll Call Vote:  All Commissioners Voting Aye.

Ratification of Delinquent Tax Sale 2001
Deputy Clerk/Auditor Andrea Higbee presented the list of properties sold at the May Tax Sale 2001, and the list of properties struck to Duchesne County for the surplus sale.  The total amount paid was $59,790.28.  Net taxes was $12,797.96, recording fees were $590.00, admin fees were $2,770.54 and the surplus amount which will be refunded to the property owners with proof of no liens is $43,632.78.  (see attached listing of properties sold).

Roger Holfeltz asked that his land be disapproved in the sale for reasons that there are multiple litigations and he has contacted people in California who are willing to wire him money to pay the delinquent taxes. 

Roger stated that since he was technically arrested and escorted from the building on the day of the sale he was unable to redeem his property.

Commissioner Ross asked Roger for the record, if he was actually arrested and escorted away.

Roger stated that when he was walking down the commisison hallway Officer Coil informed him "to either leave or go to jail."  He gave me the option and so I left.  But that is not the issue today.  I'm here about the commission not approving the taking of my place because of the court action or the possible court actions that will go on for years, and the fact there is money that has been raised to pay the taxes.

Commissionr Thayne stated he has received information from the State of Utah that the Order for Emergency Petition for Injunctive Relief from Roger Holfeltz petitioner is denied on the grougns that it is moot.

Roger stated that the issues he brought before the Utah Supreme Court will make it to the Supreme Court because they are state and federal constitutional questions.  There is going to be years of litigation and his friends in California are willing to make money available for the taxes.

Commissioner Ross stated that if Roger is going to take this to court he would like it made clear that Roger was not arrested or escorted from the building.   Sheriff Stansfield reported that Roger was not arrested.

Commissioner Stradinger commented that Attorney Uresk is on his way back to the meeting and she would like to table this conversation for a few minutes until he returns.

Motion:  Commissioner Stradinger motioned to table this conversation until Attorney Uresk arrives.  Commissioner Ross second.   Motion carried.  Roll Call Vote:  All Commissioners Voting Aye.

...............Lt. Travis Mitchell & Roland Uresk
joined the meeting...............

Commissioner Ross asked Travis to comment on Rogers allegations that he was arrested and escorted from the county administration building on the morning of the delinquent tax sale.  Travis stated that Roger was not arrested or escorted from the building.  After talking to the officers involved Travis said Mr. Holfeltz is lying about the situation.  The statement to the officers made to Lt. Mitchell is that Roger approached them and asked if they were going to arrest him.  The officers did not arrest him or escort him from the building.  The two officers can verify that.

Commissioner Thayne asked Travis if the officers did in fact aske Roger to leave.

Travis stated no, Officer Coil told him if he created a disturbance he would be asked to leave and if they had to arrest him they would.

Roger stated that in the conversation he had with Officer Coil, he asked him if he was here to arrest him.  Officer Coil siad you know I am.

Roger stated he was taken away from the bidding process.  If he had been given the chance to bid on his property the sale would not have ahppened.  He has a group in California who will pay his taxes now if the commission will allow it.  The other option is he will take this to court, and the county will have to pay for years of litigation.

Commissioner Ross asked Roland if the property owner has a redemption opportunity under this type of tax sale.  Roland answered that the redemption period is any time prior to the tax sale.  It may be that the commission is restricted from pulling the property at this pint.  In ratifying the sale the commisison is just validating that the procedures of the tax sale were followed correctly and no errors committed.

Roger argued that this seizure without going through the court is forbidden in the constitution.  The state statute can't override the constitution.

Attorney Uresk stated that it is within the commission's authority to ratify the tax sale with the exception of Rogers property and allow another week to take a look at this.

Motion:  Commissioner Stradinger motioned that given the fact that the county and the commissioners followed the actual procedure the 2001 tax sale be ratified in its entirety.  Commissioner Ross - point of discussion - if the commissions responsibility is to ratify that all procedures of the tax sale were followed, what basis would the commission have to set aside any property.  Roland stated that the tax sale rules are strictly enforced.  Roger will have the option within four years to challenge in the courts the sale of his property and prove the rules were not followed.  Roger stated he is challenging that the sale was not strictly following the tax sale laws.  Roger said I came in to the Treasurer's office sometime in March or April with two witnesses and offered to pay 1996 thru 1999 taxes.   The Treasurer would not accept my money.  Title 78 says that if an offer to pay is refused then it is considered paid.  Roger stated that he was not noticed of the sale and feels this is another error committed by the county.

Andrea informed the commission that a certified letter was sent to his address and it was not picked up.  The county sent a certified letter to Rogers ex-wife at Rogers address because we could not find another address for her.  The letter was signed for by Roger after the tax sale took place.  Roger stated he did not receive the letters.

Commissioner Straidnger stated she standing by her original motion to ratifying that the county followed the actual procedures set forth by the state.   Motion second by Commissioner Ross.  Motion carried.  Roll Call Vote:  All Commissioners Voting Aye.

Anti-Harassment Policy - Judy Mutton
Motion:  Commissioner Stradinger motioned to review and readdress this issue in the morning work session Monday June 11, 2001.  Motion second by Commissioner Ross.  Motion carried.  Roll Call Vote:   All Commissioners Voting Aye.

Auditor's Office - Vouchers - Finances - Personnel Issues - Tax Adjustments  Vouchers:  Andrea Higbee presented vouchers #73488 to #73604 totaling $346,498.24 for approval.

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

Andrea Higbee submitted the telephone rate comparison that the commission had requested for their review.

Judy Mutton and the commission discussed the 2001 summer activity and the 2001 Christmas gift.  The decision is to have a summer barbeque, and a $30.00 cash gift for Christmas to all employees.

Discussion & Decision of Custodian/Maintenance Job Responsibilities  The Commissioner reviewed and modified the custodian and maintenance job responsibilities.  Commissioner Ross requested that Judy send a memo to those departments who have county cars to keep a maintenance log for review.

Adjournment:  5:05 PM

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