MINUTES OF THE REGULAR MEETING OF THE TOOELE COUNTY BOARD OF COMMISSIONERS HELD NOVEMBER 16, 2010

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1 MINUTES OF THE REGULAR MEETING OF THE TOOELE COUNTY BOARD OF COMMISSIONERS HELD NOVEMBER 16, 2010 Chairwoman Johnson called the meeting to order at 3:00 p.m. The time, place and agenda of the meeting had been provided to the Tooele Transcript Bulletin and to each member of the governing body by delivering copies of the notice and agenda at least two days before to each of them. 1. ROLL CALL. The clerk called the roll which showed Commissioners Colleen Johnson, Chairwoman, Bruce Clegg and Jerry Hurst present. Also present were Doug Hogan, Attorney, and Marilyn Gillette, Clerk. 2. MINUTES. Commissioner Hurst moved to approve the minutes of the November 2, 2010 meeting as corrected. Commissioner Clegg seconded the motion. All concurred. 3. TAX ADJUSTMENTS. Commissioner Clegg moved to approve the following tax adjustments: A) Brent R. or Theresa A. Mellor, Parcel # Correct market value as per decision rendered at initial hearing before Utah State Tax Commission for 2009 assessment year. Include interest in the refund. Relief amount $ ; B) Kirk D. Williams, Plate #B893DF. Refund age-base fee paid November 1, vehicle broke down same day. Unable to repair or pass safety inspection. Relief amount $10.00; C) Joseph D. Smith, Plate #B765PW. Refund age-base fee paid November 9, Qualifies for a property tax exemption under Utah-based non-resident military - Texas is home of residence and stationed in Dugway. Relief amount $ Commissioner Hurst seconded the motion. All concurred. 4. INVOICES. Commissioner Clegg moved to approve the following warrants: A) Warrants issued on November 3, 2010 in the amount $406, Direct Deposit #67481 to # Check #4287 to #4294. Transmittal Checks in the amount of $266, Check #4283 to #4313; B) Warrants issued on November 4, 2010 in the amount of $728,848.34, Check # to #117667; C) Warrants issued on November 10, 2010 in the amount of $354,510.32, Check # to # Commissioner Hurst seconded the motion. All concurred. 5. DEVELOPMENT SERVICES AGREEMENT WITH TCJ PROJECT, LLC FOR TOOELE COUNTY DETENTION FACILITY. Commissioner Johnson stated that this is an agreement put together for the new county correctional facility/detention center. She asked if there were any questions. There were non. Commissioner Hurst moved to approve the Development Services Agreement with TJC Project, LLC for Tooele County Detention Facility. Commissioner Clegg seconded the motion. Commissioner Johnson asked about the reference in Recital A to the unincorporated area of Tooele County. She asked if that shouldn t read Tooele City. Attorney Hogan will make the correction. All concurred. 6. ORDINANCE AMENDING SECTION 6-4-3, IMPROPER LOOKOUT, OF TITLE 6, PUBLIC SAFETY, OF THE TOOELE COUNTY CODE, ESTABLISHING THE PENALTY FOR VIOLATIONS OF THE SECTION. Attorney Hogan stated that any ordinance that doesn t have a specific penalty listed in the ordinance is considered a Class B misdemeanor, they felt it should be a Class C misdemeanor, which is what other municipalities charge for improper lookout. Including this penalty in the ordinance establishes it as a Class C misdemeanor. Commissioner Hurst moved to approve Ordinance Amending Section 6-4-3, 1

2 Improper Lookout, of Title 6, Public Safety, of the Tooele County Code, Establishing the Penalty for Violations of the Section. Commissioner Clegg seconded the motion. All concurred. 7. INTERGOVERNMENTAL AGREEMENT FOR SERVICES FROM WASATCH FRONT REGIONAL COUNCIL. Commissioner Johnson stated that the county has to be a part of the Wasatch Front Regional Council in order to apply for some of the CDBG funds. The Wasatch Front Regional Council acts as a subcontractor for Tooele County. The agreement will not exceed $90,000. Commissioner Hurst stated that the CDBG is an important program for the county. We receive money for important projects. He moved to approve the Intergovernmental Agreement for Services From the Wasatch Front Regional Council. Commissioner Clegg seconded the motion. All concurred. 8. ADDITION TO TOOELE COUNTY S CAPITAL INVESTMENT PLAN. Vern Loveless, Engineering, stated that the county has to approve the CDBG projects that have been identified (#1 - Grantsville Senior Center remodel, #2 - ADA acceptable elevator in the Food Bank building, #3 - Tooele Senior Center remodel, #4 - Emergency generators at senior centers, #5 - Food Bank building remodel, #6 - Mantes building remodel) to apply the CDBG plans as part of the Capital Investment Plan. Commissioner Hurst moved to approve the addition to the Capital Investment Plan for the CDBG. Commissioner Clegg seconded the motion. All concurred. 9. AMENDMENT #1 TO CONTRACT # BETWEEN UTAH DEPARTMENT OF HUMAN SERVICES, DIVISION OF SUBSTANCE ABUSE AND MENTAL HEALTH AND TOOELE COUNTY. This is an amendment to the contract that passes through the county and goes to Valley Mental Health. This amendment extends the date to December 31, 2011 and changes the dollar amount from $87,000 for the period of December 14, 2009 to September 30, 2010 and $109, for the period of October 1, 2010 to September 30, Commissioner Johnson moved to approve Amendment #1 to Contract # Between Utah Department of Human Services, Division of Substance Abuse and Mental Health and Tooele County. Commissioner Hurst seconded the motion. All concurred. 10. VEHICLE PURCHASE FOR TOOELE COUNTY HEALTH DEPARTMENT. Myron Bateman stated that the Health Department would like to purchase two Chevrolet Impalas. They have received bids as follows: Young Chevrolet (State Bid) - $24, Quality Chevrolet - $24, Quality Chevrolet - $24, (vehicle in inventory) He asked that the $24,463 and $24,900 be approved for Quality Chevrolet. If they can find one on their lot, it will probably be closer to the $24,900. If not, they will order one for $24,463. These new vehicles are for the nurses and environmental programs within the county. They will also be surplusing two vehicles. Commissioner Hurst moved to approve the purchase of two vehicles for the Health Department and accept the bid from quality for $24,463 per vehicle, and $24,900 if there s one in stock. Commissioner Clegg seconded the motion. All concurred. 11. PRESENTATION TO COUNTY COMMISSION AND TOOELE COUNTY PUBLIC HEALTH DIRECTOR FOR COMMUNITY LEARNING CENTER AND DENTAL ASSISTING PROGRAM. Superintendent Linares gave a plaque and thank you letters to the commission and thanked them, on behalf of the school district, for their support in moving forward with the community learning center. She invited everyone to come out and see the new facility. The County Commission was very involved in getting the facility to completion. She thanked them for their support and stated that they do make a difference at this level and it makes a difference in learning in Tooele County. Mrs. Linares brought Marianne Oborn and Brianna Rounds that work in the CTE 2

3 program with her. They recognized Myron Bateman for his help getting the dental clinic going. They have all been great advocates for the Tooele County School District. She also gave Myron a plaque. Breanna thanked everyone that put forth the effort to make this program a success. She is a product of the CTE program, graduated from Grantsville High School. It made a difference in her life and in the lives of the students in Tooele County. Myron stated it is a great thing for the kids to be able to get their education here in Tooele County. Marianne stated that they appreciated the Health Department allowing the students to still have access to the building even when the Health Department was closed on Fridays. The students were able to get practical experience by working in the dental clinic. 12. APPROVAL OF 2011 TENTATIVE B BUDGET. Mike Jensen, Auditor, stated that the county has to adopt a tentative budget. The tentative budget has all of the department requests and is presently $400,000 more than the 2010 approved budget was. He and the Commissioners are meeting with the department heads to whittle it down to where they need to be. This will be available to the public in his office for review. Commissioner Hurst moved to approve the 2011 Tentative Budget. Commissioner Clegg seconded the motion. All concurred. 13. ADOPTION OF NORTH TOOELE COUNTY CEMETERY CITIZENS COMMITTEE ADVISORY BOARD RECOMMENDATIONS INCLUDING DEDICATION OF PROPERTY (ADJACENT TO BENSON GRIST MILL) TO BE USED AS CEMETERY. Glen Oscarson, Cemetery Committee and Stansbury Service Agency Board, stated that they are really anticipating the opportunity to create the cemetery district. Attorney Hogan stated that Brent Rose, Attorney for the Cemetery Citizens Committee, intended to be here but something else came up and he was unable to make it. He did make a very thorough presentation on this matter at the last commission meeting. Commissioner Hurst stated that he felt that this is a good project, not only a cemetery in Stansbury Park, but also one in Erda. Lake Point already has a cemetery. The idea is to have all three of these cemeteries serviced by one set of workers and equipment. He felt this is a very good concept and he is very supportive. The Benson Grist Mill is in need of more water. There is land being donated by the county for a recreation park, making it 12 acres all together. A win-win situation would be for the county to receive some funds from the sale of the five-acre parcel; part would go into creating the infrastructure for the cemetery (roads, turf, sprinklers) and the extra money could be used to provide water for the Benson Grist Mill. Commissioner Hurst moved to approve the Adoption of the North Tooele County Cemetery Citizens Committee Advisory Board Recommendations Including Dedication of Property (Adjacent to Benson Grist Mill) to be Used as a Cemetery. Commissioner Clegg seconded the motion. He stated that the county will receive the $45,000 which will be needed to buy those water rights and will pay a usage fee, the amount to be negotiated. The land will revert back to the county if the cemetery is not built on the property. All concurred. Joe Liddell asked if there is anything that the county is adopting concerning Erda. If so, what? Commissioner Hurst stated that they are looking for land to be donated in Erda. Joe asked if there is going to be an effort to find land and negotiate for it in Erda. Commissioner Hurst stated that Brent Rose and the committee are working on getting land in Erda for a cemetery. 14. CONTRACT REVIEW. A) Interlocal for Building Inspection, Planning and Legal Service, Tooele County and Town of Ophir; B) Jail Mental Health Services Agreement, Tooele County and Valley Mental Health, Inc.; C) Operating and Maintenance Agreement, Tooele County and State of Utah Administrative Office of the Courts; D) Cooperative Agency Agreement, Tooele County and Aeronautical Operations Division of the State of Utah, Department of Transportation; 3

4 E) Memorandum of Understanding AMSCM-OPDC-RS-E12, Tooele County and Deseret Chemical Depot; F) Cooperative Agreement Design Engineering Reimbursement - Mid-Valley Highway, Tooele County and Utah Department of Transportation will be reviewed November, BOARD APPOINTMENTS. Bucky Whitehouse, Health Department, asked for approval of the EMS Committee. This committee is formed of agencies in the Emergency Medical System in Tooele to give guidance to things in the emergency medical world right now. Commissioner Hurst moved to approve and appoint the members to the Tooele County Emergency Medical Council. 16. PUBLIC CONCERNS. Boyd Spiker, Jr. presented a petition from citizens concerning the proposed changes to the Friday night dinner/dances at the Tooele Senior Center. There are people who attend the activities every Friday night. He has met with the center director, Josh Maher. They are gathering some of the same information and looking into it. He is convinced that Josh is willing to work with the seniors on what they must do versus what they can do. To the seniors, it is the loss of services. A lot of these people are alone and this is probably their only social action until the senior center opens again on Monday. They are asking that the Commission be involved in working with Aging Services and communicating with them so they can work out something that is not quite as onerous as this seems right now. Ella Ray Hayes stated that Julie Jones helps the seniors with income taxes each year. They are at the center for about three months and usually do this on Thursdays and Fridays. If the center is closed on Fridays, that curtails the number of people they can help. Boyd Spiker Sr., has been going to the senior center for 30 years. He hasn t missed very many Friday evenings. He would like to see that continued, as well as many of the other senior citizens here. He asked for their help to sustain the Friday night dinners. Betty Park stated that years ago her father, Peter Condor, was one of the original starters of the senior citizens so the seniors could get together to socialize. One of the main things was the Friday night dinners and the entertainment. She s sure there are an awfully lot of seniors in the town that feel the same way. John Nelson stated that the seniors look forward to going up on Fridays and dancing and having dinner. They don t want any changes; they don t want to play checkers or anything else, they just want it left the way it is. They have received 144 signatures from seniors that want it left the way it is. He asked that the commissioneres back them up and leave it the way it is. Tony Busico just served four years as president of the association and prior to that he was a volunteer helping out wherever he could. He got so attached that it was just like a little parade; you get going to the dance and you enjoy the people. It s like a big family gathering. He hasn t had any problems that he couldn t take care of in the four years. He s missed the Friday night dinners three times in four years. This changeover has kind of gotten under the skin of quite a few of the seniors; it s just like a process that they are going through every week. He is very much in favor of leaving the place the way it is with Monday through Friday activities. He feels Josh is a good man, but he doesn t feel we need a change. Beverly White has worked very hard to get the Tooele County Senior Citizens programs going. She hasn t heard of any reason for the change. Is it too expensive to run? Is there a reason to have it on Wednesday rather than Friday? They all have Fridays set up to be dinner night but also visiting night. When her daughters come out to visit, they come on Friday night and go to the senior citizens center to visit old friends. She wanted to know why the change when the majority of the people who use the center want it left the way it is. If they have to pay 50 cents more for the dinner, she doesn t think anyone 4

5 would object to that. Josh Maher, Senior Center Director, said they have had meetings at the senior centers where people were invited to come, and these concerns were raised, as well as at one-on-one meetings. The concerns have been heard and there are some amendments to the proposal; however, the Friday night activity will be preserved. Commissioner Johnson stated that these are all good questions. When they get it finalized they will let the seniors know. One thing that was brought up was that the Aging Department is for the services of the senior citizens of the county, not necessarily the entertainment. That is what the center boards are for. Commissioner Clegg stated that the seniors are the number one concern, and they will do everything they can to make sure they are taken care of. 17. ADJOURN. Commissioner Hurst moved to adjourn the meeting at 3:50 p.m. The meeting adjourned. 5