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 10, 2002
BEGINNING AT 1:00 P.M. IN THE COMMISSION BOARD ROOM
IN DUCHESNE, UTAH

Commissioners Present:  Commission Chairman Lorna Stradinger, Commissioner Larry S. Ross, and Commissioner Guy R. Thayne.

Others Present:  Road Supervisor Douglas Nielsen, Deputy Attorney Roland Uresk, Wayland Selfe, Gil Mtichell, Rick & Alisse Coil, Heidi Kennelly, Gerald Wilkerson, and Stephen Clinger.

Prayer: Commissioner Ross
Pledge of Allegiance

Road Issues:  Doug informed the commission that the MOU with the BIA on the Arcadia Road is signed and on file in the clerk's office.

Doug stated that Gil Mitchell asked to extend the starting date for supplying hot mix for the county until June 10, 2002.  Mr. Mitchell needs one more day because his operator has relocated to another city and will need to come tomorrow to train the new man.  His crew also will need time to prep the roadway to receive the asphalt.

Mr. Mtichell also addressed the issue of when he could expect payment.  Doug answered that in the previous years the payment was made in one lump some when the job was completed.  Mr. Mitchell requested to be paid monthly for work completed.

Commissioner Thayne commented that in the future the matter of payment should be addressed in the contract.

Motion:   Commissioner Ross made a motion that a pyament schedule be set-up where payment will be made within thirty days for work done.  Mr. Mitchell will submit the vouchers for each month by the 30th to Doug at the road department.  A check will be cut by the 10th the following month.  Commissioner Thayne second.  Motion carried.   Roll Call Vote:  All Commissioners Voting Aye.

Mr. Mitchell made a request to mix his own product during the week-end when the road deparment is not working.  He had several citizens approach him requesting pavement in their driveways while the county is paving in the same area.  He will be using his own men, product and trucks to do the work, but will mix in the county pit area.  The commission informed him they are not opposed to him doing the work on his own time as long as he uses his own equipment, and product.

Motion:   Commissioner Thayne made a motion to allow Mr. Mitchell to use the ocunty pit for mixing asphalt on week-ends provided that he use his own product and equipment.   Commissioner Ross second.  Motion carried.  Roll Call Vote:  All Commissioners Voting Aye.

Commissioner Stradinger commented that she had received a call from a councerned citizen in the Tabiona area relating to the Hanna Sewer & Water running water lines on county roads.   The woman is concerned that the roads may be oiled next summer and that the installation of the water lines may damage them.

Commissioner Ross indicated that the county has an agreement with Hanna Sewer & Water for the lines to be run in the county right-of-way.  The decision of which roads will be pved has not been made and will not be decided until this fall.  In the meantime Doug will check with the Hanna Sewer & Water to make sure they are running lines in the right-of-way along side the road.

Uintah Basin Sportsman - Wayland Selfe
Mr. Selfe informed the commission that the Uintah Basin Sportsman bought property from Dude Young in Sower's Canyon.  The sportsman are interested in irrigating the property to provde eld habitat.  Mr. Selfe is here to request county assistance in spraying the white top weeds.  Commissioner Ross suggested that Commissioner Stradinger and Ron Johnson from the weed department meet with Mr. Selfe to inspect the property.

...............Clayton Chidester, planning and zoning, and Jamie Park, treasurers office joined the meeting...............

Final Plat Approval, Ledge Rock Cove Estates Lots 1-6, Sec. 25, T2S, R3W - Stephen Clinger
Planning and Zoning Director Clayton Chidester, and Mr. Clinger presented the plat for commisison review.  Clayton informed the commission that the plat has health department approval.  Johnson Water and the planning commisison also gave a favorable recommendation.

Motion:  Commissioner Thayne made a motion to approve the final plat for Ledge Rock Cove Estates.  Commissioner Ross second.   Motion carried.  Roll Call Vote:  All Commissioners Voting Aye.

..........Clerk/Auditor Diane Freston joined the meeting..........

Dispute of 2002 Tax Sale - Mr. & Mrs. Coil, Heidi Kennelly, and Gerald Wilkerson
This agenda item is a continuation of the June 3rd discussion on the 2002 Tax Sale.  According to rule #20 of the sale "Any person wishing to contest any action in connection with the tax sale must present such protest to the Duchesne County Commissioners, in writing, within ten (10) days of the sale".  Mr. Rick Coil, bidder #45 protested the sale of property #DVP-0037.

At one point during the sale Mr. Coil mad a bid and the aduitor called, "Any more bids?"  after a pause, the auditor announced "Property sold."  At about the same time the auditor said "Sold"  Mrs. Kenelly attempted to raise the bid.  Mr. Wilkerson protested.  Subsequently the auditor asked for advise from Commissioner Ross.  The bidding proceeded and Mrs. Kennelly was awarded the property.  Mr. Coil protested in writing the continuation of the bidding.

Attorney Uresk stated that the commisison is the governing body, they may ratify or reject the tax sale.  This is not so much a legal issue as it is a factual issue he stated.  Under the county tax sale rules the auditor is in charge of the tax sale.

Diane stated that beofre the sale started she asked for questions from the bidders regarding teh tax sale rules.  Diane also explained that when she called a sale the bidding process was over.  If anyone raises their hand with another bid they are too late.  On this particular parcel she stated, "Mrs. Kennelly was slow in raising her hand, I waterd for a response before I called the sale in favor of Mr. Coil."

Mr. Coil stated, "the county has adopted a policy that maintains a level of fairness during the sale."  He noted that Mrs. Freston maintained that standard of fairness during the sale.  "The practices she had begun at the beginning of the sale were followed througout the sale.  In this particular instance she calle dthe sale, Mr. Wilkerson protested verbally and Mrs. Freston asked for direction from Commissioner Ross and Attorney Uresk, who advised Mrs. Freston to continue."

Gerald Wilkerson said he was the one who protested the sale on behalf of Mrs. Kennelly.  "I asked for the bidding to continue.  The first issue is, the county has the obligation to get the best price possible for the previous owner of the proeprty.  The previous owner gets any money above the price of the taxes, cost, penalty and interest.  Mrs. Freston is an auditor not an aucioneer and the auction was not handled consistently.  There needs to be something so a person has more time to bid.  The bidding was closed too quickly.  After the bidding was allowed to continue the bids went up another $2,000.00, which indicates that the bidding was closed to quickly the first time."

Commissioner Ross said that the stated code requires to that the county sell the property for as high as value as possible in the tax sale.

Deputy Treasurer Jamie Park stated that in her opinion the primary responsiblity of the county is to take care of the delinquent taxes.

Commissioner Stradinger reviewed the rules of the sale outlining the duties of the Clerk/Auditor.  The commission have the authority to reject any or all bids if they are not acceptable.  All contests are to be done in writing after the sale, she added.

The commission questioned those employees who took the minutes for the sale.   Jamie Park, Leann Stewart, and Carol Casey stated that in their opinion the sale of this particular properyt was handled consistent with the other parcels.  Mrs. Stewart had circled the closing bid by Mr. Coil before Mr. Wilkerson made his protest.

Commissioner Ross stated that historically the auditor has looked to the commisisoner present for advice.  He stated that after reviewing the code with the attorney it appears that the auditor has full aurhority over the sale.

Commissioner Stardinger suggests that in the future the rules may need to be changed to addres issues such as this.

Motion:  Commissioner Thayne made a motion to go with the first bid closure on property DVP-0037 awarding to bidder #46 Rick and Alisse Coil in the amount of $4,500.  Commissioner Ross second.  Motion carried.  Roll Call Vote:  All Commissioners Voting Aye.

Commission Support to Attend Governors Honor Academy - Celest VanTassel  Celest informed the commission that she has been slected along with forty-nine other students from across the State of Utah to attend the Governors Honor Academy.  It is a ten-day conference in Cedar City and the cost is $700.   Celest stated that she has several sponsors contributing, and needs $300 more to attend.

Commissioner Thayne asked if she will bring back information to help others in the county.

Commissioner Ross suggested that she list five things she hopes to accomplish at the academy.  She may then present tose to her peers when she returns.

Motion:  Commissioner Thayne made a motion to give Miss VanTassell $300 with the understanding that she report back to the commission on what she learned.  Commissioner Ross second.  Motion carried.  Roll Call Vote:  All Commissioners Voting Aye.

Other Business:  Treasurer Colene Nelson discussed the tax issue of Mr. Lou Dias.  His property was sold during the county delinquent tax sale.  Mrs. Nelson cannot find proof of who is in error pertaining to his address change.  Commissioner Stradinger suggested that Attorney Uresk review the issue and made a recommendation.

Auditor's OFfice - Vouchers - Tax Adjustments - Personnel Issues - Time Sheets
Vouchers:  Deputy Clerk/Auditor Andrea Higbee presented vouchers #79497 to #79608 totaling $316,219.47 for approval.

Motion:  Commissioner Ross made a motion to approve the vouchers.  Commissioner Thayne second.  Motion carried.  Roll Call Vote:  All Commissioners Voting Aye.

Approval of June 3, 2002 Commission Minutes - The minutes were reviewed and corrections made.

Motion:  Commissioner Thayne made a motion to accept the minutes with corrections.  Commissioner Ross second.  Motion carried.   Roll Call Vote:  All Commissioners Voting Aye.

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