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 JULY 16, 2001
BEGINNING AT 1:00 P.M. IN THE COMMISSION BOARD ROOM
IN DUCHESNE, UTAH

Commissioners Present:  Commissioners Larry S. Ross, and Lorna Stradinger.

Commissioners Absent:  Commission Chairman Guy R. Thayne attending RAC training.

Others Present:  Deputy County Attorney Roland Uresk, Road Supervisor Douglas Nielsen, Clerk/Auditor Diane Freston, Deputy Clerk/Auditor Carol Casey, Lloyd Roberts, Irene Hansen, Troy Sherrick, and Mike Brennan.

Prayer: Commissioner Ross
Pledge of Allegiance

Approval of July 9, 2001 Minutes -  Commission minutes of July 9th were reviewed and corrections made.

Motion:   Commissioner Ross motioned to approve the minutes with corrections.   Commissioner Stradinger second.  Motion carried.  Roll Call Vote:  Both Commissioners Voting Aye.

Road Items - Supervisor Douglas Nielsen
Doug reported that the road department has put down 26,000 tons of asphalt in the upper country.  The road department has two miles of overlay and four miles of nw asphalt left to lay plus the cemetery roads in Altamont, Bluebell, and Altonah.   Those roads should be finished by the end of next week.

Diane Freston asked for clarification of which cemetery roads were scheduled for paving.   Commissioner Stradinger explained that when the hot mix machine and the road department are paving in a particular area they will pave the cemetery road in that area.

Commissioner Ross asked if the Strawberry Bridge replacement was on schedule?  doug answered that it was.

Commissioner Stradinger asked Doug to discuss the possibilities of doing an overlay at the visitor's center in Duchesne with Burdick Paving and report back.

The commission asked Doug to follow-up on the dust control issues on Tabby Mountian and Red Creek Road.

...............Clayton Chidester joined the meeting...............

Roberts Roost Subdivision Road Issues - Lloyd Roberts
Lloyd Roberts addressed the commission.  Mr. Roberts conncerns are that the county is no longer grading the road to Roberts Roost Subdivision.  The first 1/4 mile of road leading to the subdivision has been used by the public since 1919.  The easement is only thirty feet wide, and obtaining additional right-of-way has been an issue.  Mr. Roberts stated that he thought the road had been turned over to the county, now he finds that it is not a couty road, only a public access road.

Commissioner Ross stated that the road has a prescriptive easement and needs deeded rights-of-way for the roiginal thirty feet and the additional thirty-six feet in order to widen the road.  The problem is getting the rights-of-way from the landowners along the road.

Commissioner Ross suggested that the old ditch runnin parallel to the road be abandoned if possible.  Supervisor Nielsen will measure distance across the ditch to the power pole line.  Mr. Roberts in turn should try to obtain additional width from the property owners for the right-of-way.

Signing of Municipal Building Authority of Duchesne Coutny, Utah Taxable ease Revenue, Series 2001
The signing of the Taxable Lease Revenue, series 2001 Bonds has been canceled at this time and will be rescheduled.

Appointment of Dinosaurland Travel Board Members - Irene Hansen   Duchesne County is participating with Daggett and Uintah County to jointly market travel destinations in Northeastern Utah.  The current board positions representing the county expire in August of 2001.  In order to provide an opportunity for public services, the board positions, with a short job description, were advertised for two weeks.  An additional two weeks were advertised, for interested candidates to submit a letter of interest and a short resume to the Duchesne Coutny Clerk/Auditor's office.   The following persons responded to the request:  Vickie Augustus, Joan Steed, and Irene Hansen.

Motion:  Commissioner Ross motioned to appoint Vickie Augustus (term begins in August 2001 and ends in January 2003), Joan Steed (term begins in August 2001 and ends in January 2004),   and Irene Hansen (term begins in August 2001 and ends in January 2005) to the Dinosaurland Travel Board.  Commissioner Stradinger second.  Motion carried.  Roll Call Vote: Both Commissioners Voting Aye.

Adoption of Resolution No. 01-09 Establishing the County Anti-Hrassment Policy

RESOLUTION #01-09
A RESOLUTION AMENDING THE DUCHESNE COUNTY POLICY AND PROCEDURES MANUAL SEXUAL HARASSMENT POLICY.

WHEREAS Duchesne County Policy and Procedures Manual provideds that amendments may be made, and
WHEREAS it is required to ahve a policy that covers all types of harassment,
BE IT THEREFORE RESOLVED by the Board of Coutny Commissioners for Duchesne County that the Duchesne County Policy and Procedures Manual Sexual Harassment Policy be amended to be the Anti-Harassment Policy and to read as follows:

ANTI-HARASSMENT POLICY
Based on Title VII of the Civil Rights Act of 1964

A. It is the policy of Duchesne County that harassment based on sex, race, color, religion, national origin, age, disability or protected activity, by or against county employees and/or elected officials shall not be tolerated.  Any department head, supervisor, or employee of Duchesne County who engages in harassment shall be subject to disciplinary action up to and including termination.  If, in the case of an elected official who engages in harassment, they shall be subject to the statutory provisions of the Utah Code. (UAC 17-16-10.5 and UAC 77-6-1).

B. Harassment is defined as conduct, which has the purpose of unreasonably interfering with an individual’s work performance or unreasonably causing a hostile work environment.

C. Employee(s) claiming to be victims of harassment shall file complaints of alleged harassment within 5 (five) working days as follows:

1. Employees shall file complaints of alleged harassment with any of the following:

a. Any supervisor in the employee’s chain of command,

b. The county personnel director,

c. Any county commissioner,

d. The county attorney’s office.

2. Employees may bring good faith complaints without any fear of reprisal, intimidation, coercion or retaliation.  Confidentiality will, to the extent practical under the law and under the necessities of disciplinary action, be protected.

3. An initial complaint need not be in writing.  However, the person receiving the complaint shall make a written record of the alleged harassment on the prescribed form.

4. Anyone receiving a complaint of alleged harassment shall immediately inform the county commission, the personnel director, department head and/or elected official within whose office the report arises.  The supervisor, department head or elected official shall immediately take action to prevent future occurrences of harassment and notify the personnel director so an investigation may be initiated.  If the alleged harasser is the department head or elected official, the person receiving the report shall immediately inform a county commissioner.  The county commission shall then implement an investigation of the department head or elected official.  Care shall be taken during the investigation to protect the rights of both the person complaining and the person accused.

5. The investigation shall be initiated within 5 (five) working days of the initial receipt of the claim, and a decision as to the validity of the claim and any necessary remedial action to be taken shall be made within ten (10) working days from the initiation of the investigation.  The time limits specified above may be extended to a definite date by mutual agreement of the employees involved and the investigator.

6. If an investigation determines that harassment has occurred, appropriate disciplinary action shall be taken against the perpetrator.  (Section 14, Policy and Procedure Manual)

7. Those persons investigating complaints of harassment shall prepare a brief report including findings of fact, recommendation and suggested disciplinary action to be taken, if any, and forward it to the county commission and/or attorney’s office.  The county commission and/or attorney shall impose disciplinary action proportional to the seriousness of the offense.

8. Wholly unsupported claims regarding harassment may subject the accuser to disciplinary action.

D. An employee may also file charges with the Utah Labor Commission or the Equal Employment Opportunity Commission. 

1. Utah Labor Commission - A request for agency action must be filed within 180 days after the alleged discriminatory or prohibited employment practice occurred.

2. Equal Employment Opportunity Commission (EEOC) - In states or localities where there is an anti-discrimination law and agency authorized to grant or seek relief, a charge must be presented to that state or local agency.  Furthermore, in such jurisdictions, you may file charges with EEOC within 300 days of the alleged discriminatory act, or 30 days after receiving notice that the state or local agency has terminated its processing of the charge, whichever is earlier. 

Motion:   Commissioner Ross motioned to approve Resolution No. 01-09.  Commissioner Stradinger second.  Motion carried.  Roll Call Vote:   Both Commissioners Voting Aye.

Adoption of Resolution No. 01-10 Specifying Procedures for Sale of Suplus Property

RESOLUTION NO. 01-10
A RESOLUTION ESTABLISHING GUIDELINES FOR THE SALE OF SURPLUS REAL PROPERTY ACQUIRED AS PROPERTY STRUCK OFF TO DUCHESNE COUNTY AFTER TAX SALE

WHEREAS Duchesne County has acquired real property which was struck off to the county at previous tax sales, where no bids were received; and,
WHEREAS the Duchesne County Board of County Commissioners has determined that said property is surplus property, which may be offered for sale to the general public; and,
WHEREAS Duchesne County conducts surplus property sales twice a year, but inquiries and offer to purchase certain parcels of surplus real property come in through out the year; and,
WHEREAS the Duchesne County Board of County Commissioners has determined that guidlines, rules and regualtions for the sale of surplus real property should be adopted;
BE IT THEREFORE RESOLVED by the Board of County Commissioners for Duchesne County that the following guidelines, rules and regulations be adopted for the sale of surplus real property inthe ocunty, to wit:
1.  Duchesne County reserves the right to give preference for the sale of County owned surplus real property to any adjacent owner of said property.
2.  Duchesne County does not guarantee that the property sold will be a buildable parcel.
3.  The property shall be sold as is without any warranty, excepting and reserving unto the County all oil gas and mineral interests.
4.  The property shall be sold for the best negotiated price, but shall not be less than taxes, costs, penalties and interest owed at the time the property was struck off to the county plus any accrued administrative costs.

Motion:  Commissioner Ross motioned to approve Resolution No. 01-10.  Commissioner Stradinger second.  Motion carried.  Roll Call Vote:  Both Commissioners Voting Aye.

Adoption of Resolution No. 01-11 Adding an additional member to the Public Land Use Committee

RESOLUTION NO. 01-11
A RESOLUTION AMENDING RESOLUTION NO. 00-28 ADDING ADDITIONAL MEMBER TO THE PUBLIC LAND USE COMMITTEE

WHEREAS REsolution 98-20 established the Duchesne County Public Land Use Committee; and,
WHEREAS Resolution 00-28 amended Resolution 98-20 establishing the membership of the Public Land Use Committee as a committee of seven (7) members drawn from certain segments of the community; and,
WHEREAS the Ducehsne Board of County Commission has determined that an additional member is required to represent the Duchesne County Water Conservancy District; and,
WHEREAS adding the additional member requires amending Resolution 00-28;
BE IT THEREFORE RESOLVED by the Board of County Commissioners for Duchesne County that:

1. Resolution 00-28 be amended as follows, to wit:
   (3)  The Public Land and Use Committee shall consist of eight (8) members, each of whom shall be appointed by the Board of County Commissioners to serve a term of four (4) years.  The terms are to be staggered so that no more than one-third (1/3) of the members of the committee be appointed at one time.  To effectuate the staggered terms, the Board of County Commissioners shall initially appoint three (3) members to serve for a term of two (2) years, two (2) members to serve a term of three (3) years, and three (3) members to serve a term of four (4) years.  Thereafter, the terms of such members shall be for a period of four (4) years.
   (4) The appointments to the Public Land Use Committee shall be one (1) member from each of the following representative groups, to wit:  a) General Populace, b) Natural Resources, c) Timber Resources, d) Recreation Resources, e)Economic Development Resources, f) County Official, g) Farm Bureau, Fedearl Permitees, Cattlemen, or Agriculture, h) Duchesne County Water Conservancy District.

2. The provisions of Resolution 00-28 not amended by this resolution shall remain in full force and effect.

Motion:   Commissioner Ross motioned to approve Resolution 01-11.  Commissioner Stradinger Second.  Motion Carried.  Roll Call Vote:   Both Commissioners Voting Aye.

Appointment of Duchesne County Water Conservancy District Member to Public Lands Use Committee
Motion:  Commissioner Ross motioned to appoint Randy Crozier to serve a two-year term on Public Lands Use Committee.  Commissioner Stradinger second.   Motion carried. Roll Call Vote:  Both Commissioners Voting Aye

Commissioner Stradinger asked Deputy Attorney Uresk for instruction in Roberts Rules of Order for seconding a motion when there are just two commissioners present.  Attorney Uresk stated that it could be done either by seconding the motion or by the chairmain stating motion carried.  Commissioner Ross is more comfortable with the minutes reflecting a second to the motion.

Uintah Management Group - Troy Sherrick & Mike Brennan
Troy advised the commission they would liek to meet with the commission every two weeks for update on progress with the computers.  Last Friday the main server went down.  The hubs and switches have all been replaced.  This should increase speed.  Upgrades on wireless between the administration building and the jail are in progres..

Troy informed the commission that the computer room is 323 square feet.  He would liek to get the lease for the room finalized by next week.  Commissioner Stradinger reminded everyone that the server room is not included in the lease.

Mike advised the commission that he had located two laptop computers under some boxes in the computer room.

Commissioner Stradinger advised Troy and Mike that the information meetins they would like to have with the commission could take place during the morning work sessions on Mondays.

Auditor's Office - Vouchers - Tax Adjsutments
Tax Adjustments - Assessor

Serial/Account	Year	Debit/Credit	Comment
Dist. 16	2001	-$110.00	Pd on the same vehicle twice
Dist, 17	2001	-$7.50	Pd on the same vehcile twice
Dist. 04	2001	-$7.50	Could not put a motor on the boat
2247-0001	2000	$2092.96	Reduced back taxes & 2000 valuation

Motion:   Commissioner Ross motioned to accept the tax adjustments.  Commissioner Stradinger second.  Motion carried.  Roll Call Vote:   Both Commissioners Voting Aye.

Vouchers:   The auditor's offices presented vouchers #74022 to #74138 totaling $170,275.26 for approval.

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

Adjournment:  2:10 PM

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