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 AUGUST 13, 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, Clerk/Auditor Diane Freston, Deputy Clerk Carol Casey, Marc Edminster, Kyle Snow, Janell Brinkerhoff, and LaMar Long.

Prayer:  Commissioner Stradinger
Pledge of Allegiance

Road Items:  The commission and Doug discussed the speed signs on 3000 west.  The speed is 45 MPH except for an area near the hill where there are several homes.  The speed sign in that area is 35 MPH.  Because of the change in speed motorists have been receiving citations.  The request is to have speed the same on all of 3000 West.

Commissioner Ross is concerned about changing the speed in this area.  There is a visibility problem with the overgrowth of trees and the hill.  Pedestrians walking or biking in the area are at greater risk with the traffic taveling at a higher speed.  Commissioner Ross would like Doug to talk with some of the people living in the area and get their opinion regarding raising the speed limit.

Commissioner Thayne asked Doug to change the speed sign in Mt. Home to 35 mph.  He feels that if traffic can travel 40 MPH in Orem it should be safe to have the speed limit raised to 35 mph in Mt. Home.

Randy Oman has requested that road #124 be graded as soon as possible.  Doug stated he will have the grader take care of it.

Commissioner Stradinger informed Doug that Crescent Road needs attention.  Doug reminded the commission that Crescent Road is scheduled for overlay next year.  Doug will see what needs to be done to improve the road for now.

The commission discussed the road by Roy Retallicks home.  When the rights-of-way are filed with the recorder's office, the road is now eligible to be widened.

...............Clayton Chidester, Karl Mott and Greg Garff
joined the meeting...............

1:30 PM Resolution No. 01-15 - Marc Edminster

Resolution No. 01-15
A RESOLUTION APPROVING THE ADOPTION BY THE MUNICIPAL BUILDING AUTHORITY OF DUCHESNE COUNTY, UTAH OF A PARAMETERS RESOLUTION AUTHORIZING THE ISSUANCE OF NOT MORE THAN $1,500,000 TAXABLE LEASE REVENUE BONDS, SERIES 2001B (NORTHEASTERN COUNSELING CENTER); AND RELATED MATTERS

Marc explained that his resolution is to start the bonding process.

Motion:  Commissioner Stradinger motioned to adopt Resolution No. 01-15 the parameters resolution authorizing issuance and sale of its Taxable Lease Revenue Bonds, Series 2001B.  Commissioner Ross second.  Motion carried.  Roll Call Vote:  All Commissioners Voting Aye.   (See Attached Resolution in the Clerk's Office).

Motion:  Commissioner Ross motioned for the commission meeting to go into recess, and to go into the Municipal Building Authority of Duchesne County Special Meeting.  Commissioner Stradinger second.  Motion carried.  Roll Call Vote:  All Commissioners Voting Aye.

Motion:  Commissioner Ross motioned to resume the regular commission meeting.  Commissioner Stradinger second.  Roll Call Vote:  All Commissioners Voting Aye.

Ordinance No. 01-191 - Zone Change Janell & Donald Brinkerhoff  Janell Brinkerhoff informed the commission that this is a one-time split.  The Brinkerhoff residence is currently connected to Upper Country Water.  Clayton stated the planning commission has given a favorable recommendation withh all members voting aye.

ORDINANCE NO. 01-191
AN ORDINANCE CHANGING THE ZONING FROM A/R-1 (AGRICULTURAL/RECREATIONAL), A 5-ACRE ZONE, TO RR (RURAL RESIDENTIAL), A 1-ACRE ZONE

WHEREAS Duchesne Countyhas 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 RR (Rural Residential), a 1-acre zone on a parcel of property located in Seciton 28, Township 2 South Range 1 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 RR (Rural Residential), a 1-acre zone for the following parcel of property described as follows:
Township 2 South, Range 1 West U.S.M. Section 28:

Motion:   Commissioner Ross motioned to adopt Ordinance No. 01-191.  Commissioner Stradinger second.  Motion carried.  Roll Call Vote:   All Commissioners Voting Aye.

Consideration of Resolution No. 01-12 A Resolution Addressing Issues of Conflict of Interests
Commissioner Stradinger read aloud Deputy Attorney Uresk's memorandum concerning the resolution.

TO:         COUNTY COMMISSIONERS
FROM:  ROLAND URESK
RE:         COUNTY'S ABILITY TO PROHIBIT OUTSIDE                  EMPLOYEMENT

After reviewing the law in regard to the issue, it appears that the county can regulate outside employment of its employees but such regulation must be carefully construed for the purose for which it is enacted and must provide some means of review.  Otherwise such restriction may be contrary to several constitutional protections including due process, equal protection, deprivation of liberty or property interests, violation of free speech, violation of freedom of association, and violation of the Fifth Amendment.

Most of the cases deal with restrictions on outside employment by fire departments and police departments.  Courts have held that these were permissible due to the nature of the jobs and the fact that the fire department and police department employees are most often required to be on call.  In imposing a restriction on outside employment of county employees, it is important that the restriction not be considered arbitrary and unreasonable.  Furthermore, unless there is a specific need the restriction should apply to all county employees not just one department unless the ordinance spells out why the one department should be treated differently than the others.

Again I go back to the police and fire department analogies as they are under different situations and the courts have routinely justified treating them separately from other public employees.

Care must be taken in drafting the ordinance so as not to prohibit all employment activities outside of county employment as amy of the county's employees have outside business interests including ranches and farms and may have other jobs taht do not interfere with their duties.  It is clear from the case law that the county can prohibit county employees from engaging in activities inconsistent, incompatible, or in conflict iwth their duties.  The ordinance should also provide that such outside employment must have the approval of the department head or public official acting as supervisor and should alos provide a provision for review of such determination.  There must be guidelines established for an approval of the outside employment so that it is fairly applied acrss the board to avoid any equal protection argument.  It would also be prudent to attempt to define what a conflict of interest is in the ordinance so as to give some guidelines as to the application of the ordinance when department heads are requested to approve outside employment.  I also believe it appropriate to take some time and analyze this matter in view of the fact that we are now under requirements of a civil service commission and what affect that may have.  It appears likely that the civil service sommission may be the appellate board for review of the determination of whether or not a county employee can engage in outside employment. 

I would request that this matter be placed on the agenda in two weeks for consideration and discussion to allow us time to put together a more comprehensive ordinance that will address all of the issues that I have raised.

Commissioner Stradinger then read aloud the draft copy of Resolution 01-12

RESOLUTION #01-12
A RESOLUTION AMENDING RESOLUTION #99-13, ADOPTING A HIRING POLICY ADDRESSING ISSUES OF CONFLICT OF INTEREST.

WHEREAS Duchesne County hires full-time or part-time personnel, and
WHEREAS Duchesne County may hire someone who conducts his or her own business apart from his or her employment with the county, and
WHEREAS Ducehsne County is concerned about te possibility of actual or perceived conflict of interest and does not condone the practice of obtaining undue advantage over competitors due to one's position with the county, and
WHEREAS Duchesne County deems it appropriate to set forth a policy regarding teh hiring of personnel and potential conflicts of interest,
BE IT THEREFORE RESOLVED by the Board of County Commissioners for Duchesne County that the policy be amended to read as follows:
It shall be the policy of the Duchesne County to prevent actual or perceived conflict of interest, that;

1. The personnel hired shall be allowed to complete projects already in progress within Duchesne County jurisdiction and within an appointed time period approved by the Duchesne County Commissioners.  A complete list of the county employee's current obligations within the jurisdiction including names, addresses and start and projected end dates mut be submitted at the time of hiring.  The employee will under no circumstances inspect his/her own work for the already committed jobs.

2. No work other than the completion of the previously committed jobs shall be performed within the jurisdiction of Duchesne County while employed by Duchesne County.

3. Solicitation and or work directly or indirectly performed in any area related to the employee's duties with Duchesne County are strictly prohibited.

4. The county employee is not prohibited from offering servcies outside of the jurisdiction of Duchesne County.

5. Violation of this policy will result in immediate termination.

Commissioner Stradinger stated she wanted everyone to known that this resolution is not about employees working outside their county jobs.  It is about having a conflict of interest in the after hours job.

Commissioner Ross stated that he would like to take time to reivew the wording in the resolution.

The commisison and Karl Mott reviewed the language in the resolution and made several changes.

Motion:  Commissioner Stradinger motioned that contingent upon legal advice regarding the feeral constitution as advised by the deputy county attorney to accept Resolution No. 01-12.  Commissioner Ross will second the motion if it is to include the changes made today.  Motion carried.  Roll Call Vote:  All Commissioners Voting Aye.

Consideration of Resolution No. 01-13 A Resolution adopting a vehicle policy for Duchesne County

RESOLUTION #01-13
A RESOLUTION ADOPTING A VEHICLE POLICY FOR DUCHESNE COUNTY.

WHEREAS Duchesne County has vehicles in various departments, as well as agencies taht Duchesne County is responsible for, and
WHEREAS Duchesne County deems it necessary to put controls in place in regard to vehicle usage,
BE IT THEREFORE RESOLVED by the Board of County Commissioners for Duchesne County that a vehicle mpolicy be adopted to rad as follows:

DUCHESNE COUNTY VEHICLE POLICY

County Administrative Office Vehicles -
All county owned vehicles are to be parked after working hours at the county administrative building and other designated locations.  No county vehicle may be used for private purposes, including those exceptions that are takne home after hours.

Exceptions:

1. Fire and Emergency Management Department.  Vehicle may be taken home each night for the purose of timely responses to coutny emergencies.

2. Sheriff's Department.  Officers may take vehicles home at night at the discretion of the sheriff because of the emergency nature of police work.   This does not include jail vehicles.

3. A vehicle may be taken home only if it best serves the county itnerest.

4. Road Department.  Vehicles transporting fuel, parts, and equipment necessary during road construction periods may be taken home if it best serves the county interests.

   It is the policy of the Road Department that all vehicles start from the shop each morning and return to the shop at night, except for:

   >> 5 grader operators, as they are needed, to transport fuel and parts to grader in various locations in the county.  Their vehicles are takne home at night.

   >> 1 loader operator, as it is needed, to haul fuel and parts to various job sites int he county.  This vehicle is taken home at night.

   >> 1 crusher oeprator, as it is needed, to transport parts from shop and also to transport welder to various places at the crusher site.  This vehicle is taken home at night.

   >> 2 supervisors, to respond to emergency calls from the public and from Central Dispatch.  These vehicles are taken home at night.

Approved use of personal vehicle will be reimbursed at teh county rate as set forth by the Duchesne County Commission in a regularly scheduled meeting.   Personal vehicles may be operated on county time only if the vehicle is compliant with Utah's statute - i.e.  insurance and licensing requirements.

The operators of the above listed exceptions are required to keep vehicle maintenance records.  The vehicle maintenance records shall be delivered to the county maintenance employee on a quarterly basis, specifically January 15, April 15, July 15, and October 15.  If the 15th falls on a Saturday or Sunday, the maintenance records ahll be delivered on the preceding Friday.

Employees in violation of this policy are subject to disciplinary action.

1. First offense:  Written reprimand.

2. Second offense:  Disciplinary action up to and including termination.

Dated this 13th day of August 2001.

Motion:  Commissioner Ross motion to adopt Resolution 01-13.  Commissioner Stradinger second.  Motion carried.  Roll Call Vote:  All Commissioners Voting Aye.

Consideration of Resolution No. 01-14 Duchesne County Purchasing Policy  Resolution tabled - not ready for adoption.  Commissioner Stradinger excused herself from commission meeting to attend other commitments.

Agreement with the Town of Tabiona for Building Inspection Services  Karl presented the agreement for review.  Karl stated that the coutny will collect all permit fees.  (see attachment in the clerk's office)

Motion:  Commissioner Ross motioned to accept the agreement with the Town of Tabiona for building inspection services.  Motion carried.  Roll Call Vote:  Both Commissioners Voting Aye.

Auditor's Office - Vouchers - Tax Adjustments - Department Head Time Sheets
Approval of August 6, 2001 Minutes:  Commission minutes of August 6th were reviewed and corrections made.

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

Tax Adjustments - Assessor

Serial/Account	Year	Debit/Credit	Comment
HT-91-0127	2001	-$397.28	Was billed as escaped.
013446	2001	-$77.25	Paid on travel trailer twice

Vouchers:  Clerk/Auditor Diane Freston presented the predraws #74416 to #74418 totaling $18,147.00 and vouchers #74419 to #74529 totaling $140,518.38 for approval.

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

Adjournment:   3:30 PM

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