General Information

Government Type

County

Entity

Tooele County

Public Body

County Commission Meeting

Notice Information

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Notice Title

Notice

Notice Tags

Ordinance - Constitution

Notice Type(s)

Event Start Date & Time

July 1, 2008 04:10 PM

Event End Date & Time

July 1, 2008 03:00 PM

Event Deadline Date & Time

07/01/08 04:00 PM

Description/Agenda

NOTICE AND AGENDA NOTICE IS HEREBY GIVEN THAT THE TOOELE COUNTY COMMISSION WILL HOLD A REGULAR MEETING ON TUESDAY JULY 1, 2008, AT 3:00 P.M., IN ROOM 310, TOOELE COUNTY COURTHOUSE, 47 SOUTH MAIN STREET, TOOELE, UTAH. THE AGENDA IS: 1. Roll Call 2. Minutes 3. Tax Adjustments 4. Invoices 5. Deseret Peak Complex 6. Public Hearing - Notice of Intention to Establish the (1) Big Creek Open Space District, Tooele County, Utah, (2) Big Creek Street Lights and Street Tree District, Tooele County, Utah, and (3) Big Creek Water and Sewer District, Tooele County, Utah 7. Public Hearing - Establishing the Salary of the Tooele County Justice Court Judge 8. Resolution 2008-08 - Establishing the Salary of the Tooele County Justice Court Judge 9. Ordinance 2008-15 - Amending Section 6-18-3 of the Tooele County Code to Include Selected Appendices to the International Fire Code 10. Ordinance 2008-16 - Enacting Section 6-18-6 of the Tooele County Code, Prohibiting Possession or Use of Glass Containers on Lands Open to Public Access 11. Amendment to Contract # 081429 - Utah Department of Human Service, Division of Substance Abuse and Mental Health and Tooele County 12. Amendment to Agreement # 081918 - Utah Department of Human Service, Division of Substance Abuse and Mental Health and Tooele County 13. Long Term Care Ombudsman Service Agreement, Salt Lake County Aging Services Division and Tooele County 14. Local Program Agreement Between Tooele County Relief Services and Utah Department of Workforce Services 15. Contract Review A) 06-05-01 - Jail Commissary Services Agreement B) 06-05-04 - Consent for EPA Access to County Property at the Jacobs Smelter Site C) 06-12-03 - Mutual Assistance & Support - Deseret Chemical Depot & Tooele County Sheriff 16. Board Appointments 17. Public Concerns 18. Adjourn DATED THIS DAY OF , 2008 Marilyn K. Gillette Tooele County Clerk Pursuant to the Americans with Disabilities Act, individuals needing special accommodations during this meeting should notify Marilyn K. Gillette, Tooele County Clerk, at 843-3148 prior to the meeting.

Notice of Special Accommodations (ADA)

Pursuant to the Americans with Disabilities Act, individuals needing special accommodations during this meeting should notify Marilyn K. Gillette, Tooele County Clerk, at 843-3148 prior to the meeting.

Notice of Electronic or Telephone Participation

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Other Information

N/AMINUTES OF THE REGULAR MEETING OF THE TOOELE COUNTY BOARD OF COMMISSIONERS HELD JULY 1, 2008 Chairman 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, Chairman; Jerry Hurst and Bruce Clegg present. Also present were Doug Hogan, Attorney, and Marilyn Gillette, Clerk. 2. MINUTES. Commissioner Hurst moved to approve the minutes of the Commission Meeting held June 17, 2008, as corrected. Commissioner Clegg seconded the motion. The motion carried. 3. TAX ADJUSTMENTS. Commissioner Clegg moved to approve the following tax adjustments: A) Franklin J. Allred, Serial #02-035-0-0021, Tax Year 2006, Relief Amount $-31.78; B) Franklin J. Allred, Serial #02-035-0-0018, Tax Year 2006, Relief Amount $-41.37; C) Franklin J. Allred, Serial #02-047-0-0001, Tax Year 2006, Relief Amount $-108.37; D) Franklin J. Allred, Serial #08-051-0-0014, Tax Year 2006, Relief Amount $-63.00; E) Franklin J. Allred, Serial #02-047-0-0008, Tax Year 2006, Relief Amount $+75.28. A-E explanation is: This is a commission value adjustment based on a Formal Appeal Hearing before the Utah State Tax Commission (UTC) held on March 24, 2008. The adjusted value below is based on a decision rendered by the UTC on June 23, 2008. This adjustment is for the 2006 assessment year only. No appeal was filed by the appellant before the local board of equalization for the 2007 assessment year, the value of which will not be changed. Therefore, it is recommended to correct and change the subject’s value based on the decision the value adjustment is added to the improvement value (a BR01 class code); F) Kerri Phillips or Conny Kramer, Plate #751VCM. Refund age base fee paid at time of registration May 5. Totaled vehicle May 10, vehicle is beyond repair. Relief amount $-80.00; G) Silver Smith, Business Acct #BL-03-0022. Delete tax, interest and penalty. Closed in 2003 for renovation before Montego Bay took over ownership, was not in operation. Tax year 2003, Relief amount $-644.49; H) David R. Williams, DBA Industrial Communications, Parcel #05-001-0-0004. Delete BC00 for $10,000.00 - correct LC01 Value from $367,690.00 to $43,470.00. Figure interest and penalty on new value. Should have been corrected in 2004. Relief amount $3,548.75; I) Robert L. Miller, Serial 312-044-0-0020. This is an errors and omissions adjustment. The improvement was inadvertently missed for the 2007 assessment year. The condominium was completely finished as of January 1, 2007. The subject for the 2007 assessment year was valued as a vacant lot (pad) only. Therefore, it is recommended to correct and change the subject’s value as its status on January 1, 2007. It is also noted that the owner lives out-of-state; however, it is understood that the unit is a full-time residence for the owner’s relative. Therefore, a primary residential exemption is granted. Relief amount $718.94; J) Heather R. Dunsmoor, Serial #12-044-0-0021. This is an errors and omissions adjustment. The improvement was inadvertently missed for the 2007 assessment year. The condominium was completely finished as of January 1, 2007. The subject for the 2007 assessment year was valued as a vacant lot (pad) only. Therefore, it is recommended to correct and change the subject’s value as its status on January 1, 2007. Relief amount $585.15; K) Norma L. Pitt, Serial #12-044-0-0022. Relief amount $718.94. This is an errors and omissions adjustment. The improvement was inadvertently missed for the 2007 assessment year. The condominium was completely finished as of January 1, 2007. The subject for the 2007 assessment year was valued as a vacant lot (pad) only. Therefore, it is recommended to correct and change the subject’s value as its status on January 1, 2007. L) Manuel Mauricio Quintero, Serial #13-090-0-0199. This is an errors and omissions adjustment. The subject’s actual square footage is 1,068 square feet and not 1,587 square feet. This error was a result of a program glitch in the PAMS drawing program. With the calculation of the correct square footage, an adjusted market value is derived as stated below. The Assessor’s Office recommends the below changes and to adjust the value accordingly. It is also recommended that any penalties and/or interest be adjusted according to this corrected value. Relief amount $-243.21. Commissioner Hurst seconded the motion. The motion carried. 4. INVOICES. Commissioner Clegg moved to approve the following invoices: A) Warrants issued on June 27, 2008 in the amount of $404,519.07. Warrant #43326 to #43735, Check #2434 to #2542. Transmittal Checks in the amount of $292,418.57 - Check #2543 to #2560; B) Warrants issued on June 27, 2008 in the amount of $671,730.81 - Check #092594 to #092756; C) Warrants issued on June 20, 2008 in the amount of $304,234.62 - Check #092419 thru #092593; D) Warrants issued on June 13, 2008 in the amount of $1,134,911.29, Check #092223 thru #092418. Commissioner Hurst seconded the motion. The motion carried. 5. PUBLIC HEARING - NOTICE OF INTENTION TO ESTABLISH THE (1) BIG CREEK OPEN SPACE DISTRICT, TOOELE COUNTY, UTAH, (2) BIG CREEK STREET LIGHTS AND STREET TREE DISTRICT, TOOELE COUNTY, UTAH, AND (3) BIG CREEK WATER AND SEWER DISTRICT, TOOELE COUNTY, UTAH. Commissioner Johnson opened the public hearing. Those in attendance were: Doug Thomas, Mark McKendrick, Pam Ayala, Joe White, Jesse Lasley, Sarah Miley, Vern Loveless, Matt Hildeman, Nancy Gomez, Carlos Gomez, John Beagley, Lynn Bush, Steve Griffith, Joyce Hogan, Mike Jensen, Brian Davis, John Stout, Brian Thatcher, and Nicole Cloward. Vern Loveless, Engineering, stated that the proposed Big Creek development is right on the border of Tooele City. They are well within the annexation zone of Tooele City. What is proposed is much like Stansbury Park as far as management within an unincorporated area of the County. This is a development that is generally not compatible with unincorporated areas. Joe White, Erda, stated that when you start these districts, the people within the district are taxed and bring the moneys to the table. He asked whether the water rights come with the development or if they would be buying them later. Andrew Fiola, Castle Arch Real Estate, stated that they have approached Tooele City about annexation a number of times and have asked them to service this property with water and sewer. The Tooele City waste water plant does not have the capacity to service this project as it is planned. Castle Arch has not been able to make any headway in terms of the annexation. This is a really small first step toward eventual development; it merely gives this part of the land a foundation to go forward. The concept plan, which this body needs to approve, will include density, lot plans, etc. Joe asked if the property is owned by one entity, and Andrew stated that it was. Attorney Doug Hogan stated that the purpose of this public hearing is to take comment on whether or not the proposed “local districts” should be established; this is not a hearing to address a rezone or a concept plan; only whether the County Commission should approve the Big Creek districts as petitioned by Castle Arch. Andrew indicated that the State requires that they go through certain steps, one of which was to approach the City about annexation. The State also has to approve the plans. There were no further public comments. Commissioner Hurst asked if they had officially approached Tooele City. Andrew indicated that they had. Vern Loveless, Engineer, stated that the County will need a rejection of his application from Tooele City. Andrew stated that will come with one of the next steps. Commissioner Hurst moved to close the public hearing. Commissioner Clegg seconded the motion. The motion carried. 6. PUBLIC HEARING - ESTABLISHING THE SALARY OF THE TOOELE COUNTY JUSTICE COURT JUDGE. Commissioner Johnson opened the public hearing. Those in attendance are listed above. Attorney Hogan recapped the history of the Wendover Justice Court Precinct and the Tooele Valley Justice Court Precinct. The State Court Administrator’s Office indicated that the caseload was not too large that it could not be handled by one judge through video conferencing and periodical court sessions in Wendover. In the June 10, 2008 Commission Meeting, Ordinance 2008-13 was approved combining the two Justice Courts into one court known as the Tooele County Justice Court. This public hearing is to establish the salary for William E. Pitt, Tooele County Justice Court Judge. No comments were made by the public. Commissioner Hurst moved to close the public hearing. Commissioner Clegg seconded the motion. The motion carried. 7. RESOLUTION 2008-08 - ESTABLISHING THE SALARY OF THE TOOELE COUNTY JUSTICE COURT JUDGE. Commissioner Johnson stated that the salary that has been recommended by the Administrative Office of the Courts is $108,000 annually for this caseload. Commissioner Clegg moved to establish the salary of the Tooele County Justice Court Judge, William E. Pitt, as $108,000 per year. Commissioner Hurst seconded the motion. The motion carried. 8. ORDINANCE 2008-15 - AMENDING SECTION 6-18-3 OF THE TOOELE COUNTY CODE TO INCLUDE SELECTED APPENDICES TO THE INTERNATIONAL FIRE CODE. A meeting was held with Commissioner Clegg and the Engineering Department. Commissioner Clegg stated that there are a number of things that needs to be cleared up before the Ordinance can be approved. He stated that according to the fireflow requirements, if he were to have a fire at his home, the fire department would cut his power, which would make his water pump useless, so he would need to purchase a generator. This would put a great burden on the County residents. Bryan Thatcher, Deputy with the Utah State Fire Marshall's Office, stated that because the County is experiencing growing pains, now is the time to develop these systems. The infrastructure needs to be developed or it will deter commercial development and be prohibitive for single-family and multi-family developments in the area. He talked about payback agreements for developers, time-line agreements, and that the tax burden doesn't have to be put on the County. Vern Loveless, Engineering, felt this was the crux of the matter. This is a very practical code in an urban area, but if we adopt this we would have to halt development in the County. The fireflow requirement carries no more justification than what they have found in the past. There are areas in the County that are supplied by public drinking water systems. He felt the fireflow requirements could be met by those public water system requirements because the flow requirements are mirrored in the drinking water standards. Tooele County’s current ordinances exceed all the requirements for road widths and turn arounds. Bryan felt the appendices needs to be considered for infrastructure as the developers come in; not just for drinking water but also for fireflow. Then it can be looked at on a case by case basis. Steve Griffith stated that Tooele County is mostly a rural county and will always be a rural county. He felt the exceptions need to be included in the adoption of the appendices because most of the County is rural. Joyce Hogan asked who gets to decide whether the requirement is practical on the case by case basis. Bryan stated that it could be based on the zoning district. Commissioner Johnson stated that there are a lot of gray areas that still need answers before this ordinance is adopted. John Stout, North Tooele Fire District, stated that the appendices are not designed to limit individuals. Commissioner Hurst felt if the Commission is creating things that are cost prohibitive on developers and people trying to build homes, it needs to fit this area. There isn't enough understanding right now of the appendices. Jesse Lasley asked what appendices the State of Utah had adopted. Bryan stated that the State hasn't adopted any; it's up to the municipalities to adopt the appendices. Jesse stated that for developers, you have to have internal fire sprinkling. He asked why subdivisions are being constructed without fire sprinkling. John stated that they shouldn't be, but from now on as they come in it will be looked at. Jesse asked how the appendices would affect him if he bought a lot now. Bryan stated that the fire officials have options that he can look at. The Commission will look more into the appendices before making a decision. 9. ORDINANCE 2008-16 - ENACTING SECTION 6-18-6 OF THE TOOELE COUNTY CODE, PROHIBITING POSSESSION OR USE OF GLASS CONTAINERS ON LANDS OPEN TO PUBLIC ACCESS. Commissioner Hurst stated that he had an individual call concerned about public lands and glass containers that were broken. Dogs and children are being injured by this broken glass. This man also suggested setting up a reward system for turning in license plate numbers for people having glass bottles in public areas. If signage is put in public areas offering rewards, it should help. Attorney Hogan will work on the reward language for the ordinance. Commissioner Hurst moved to postpone this ordinance until the next meeting. Commissioner Clegg seconded the motion. The motion carried. 10. AMENDMENT TO CONTRACT #081429 - UTAH DEPARTMENT OF HUMAN SERVICES, DIVISION OF SUBSTANCE ABUSE AND MENTAL HEALTH AND TOOELE COUNTY. Doug Thomas, Valley Mental Health, stated that this contract deals with the DORA money. The amount has changed from $98,000 to $108,004 and the date is extended. Commissioner Hurst moved to approve the Amendment to Contract #081429 - Utah Department of Human Services, Division of Substance Abuse and Mental Health and Tooele County. Commissioner Clegg seconded the motion. The motion carried. 11. AMENDMENT TO AGREEMENT #081918 - UTAH DEPARTMENT OF HUMAN SERVICES, DIVISION OF SUBSTANCE ABUSE AND MENTAL HEALTH AND TOOELE COUNTY. Doug Thomas, Valley Mental Health, stated that this is a Federal Grant that the State of Utah won. This money is for the beginning of the new federal year which is October 1, 2008 to September 1, 2009. This contract addresses prescription use and misuse. The new contract amount is $100,000 with the new date. Commissioner Hurst moved to approve the Amendment to Agreement #081918 - Utah Department of Human Services, Division of Substance Abuse and Mental Health and Tooele County. Commissioner Clegg seconded the motion. The motion carried. 13. LONG TERM CARE OMBUDSMAN SERVICE AGREEMENT, SALT LAKE COUNTY AGING SERVICES DIVISION AND TOOELE COUNTY. Butch Dymock, Division of Aging, stated that an ombudsman is available to residents of long-term facilities. If the family has problems with the facility, the ombudsman comes in to work out a solution. Commissioner Clegg moved to approve the Long Term Care Ombudsman Service Agreement, Salt Lake County Aging Services Division and Tooele County. Commissioner Hurst seconded the motion. The motion carried. 14. DHS PASS THROUGH CONTRACT, UTAH DIVISION OF AGING AND ADULT SERVICES AND TOOELE COUNTY. Butch Dymock, Division of Aging, explained this is the total Federal and State moneys for the Division of Aging for the new year. The bulk of the money is for the seniors programs, a total of $444,589. Commissioner Clegg moved to approve the DHS Pass Through Contract, Utah Division of Aging and Adult Services and Tooele County. Commissioner Hurst seconded the motion. The motion carried. 15. LOCAL PROGRAM AGREEMENT BETWEEN TOOELE COUNTY RELIEF SERVICES AND UTAH DEPARTMENT OF WORKFORCE SERVICES. Commissioner Johnson stated that this is a contract to provide our Relief Services Coordinator and the clients with a Case Management and Onsite Counseling and Eligibility Specialist. Commissioner Hurst moved to approve the Local Program Agreement between Tooele County Relief Services and the Utah Department of Workforce Services. Commissioner Clegg seconded the motion. The motion carried. 16. CONTRACT REVIEW. A) 06-05-01 - Jail Commissary Services Agreement; B) 06-05-04 - Consent for EPA Access to County Property at the Jacobs Smelter Site; C) 06-12-03 - Mutual Assistance & Support - Deseret Chemical Depot & Tooele County Sheriff will all be reviewed in May, 2009. 17. COMMISSION MEETING CANCELED - JULY 8, 2008. Commissioner Hurst moved to cancel the July 8, 2008 Commission Meeting. Commissioner Clegg seconded the motion. The motion carried. 18. PUBLIC CONCERNS. Temporary Sign Permit. Nicole Cloward, Realtor, asked for a change in the sign ordinance that will allow direction signs. Tooele County will have its first “Showcase of Homes” this year on September 11, 12, and 13. Currently they have 18 homes committed and would like to use three to six directional signs per home for a total of approximately 40 signs. They are willing to maintain the signs and make sure they are pointed the right direction and will take all of them down immediately following the home show. It was discussed that rather than changing the sign ordinance, perhaps they just need a temporary sign permit, such as is used for the Deseret Peak Complex, County Fair, etc., as long as it doesn't impede any public right-of-ways, stop signs, etc. Commissioner Johnson suggested they go in and get a temporary permit for the signs, and the Commission will look to see if there are changes that need to be made to the sign ordinance. Glass Container Ordinance. John Beagley had a caution on the ordinance prohibiting glass containers on open lands. While he fully agrees with the idea, accomplishing what they want puts additional work on the Sheriff's Department. If he sees glass and it's reported, that puts more pressure on the Sheriff's Department, who are already over worked, to go out and investigate. Commissioner Hurst stated that just putting the signs up will help the situation, but when they are reported, they will be on the bottom of the Sheriff’s Department priority totem pole. 19. ADJOURN. Commissioner Hurst moved to adjourn the meeting at 4:30 p.m. Commissioner Clegg seconded the motion. The meeting adjourned. Approved July 15, 2008 By:________________________

Meeting Information

Meeting Location

47 So. Main
Tooele, 84074
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Notice Posting Details

Notice Posted On

June 26, 2008 04:17 PM

Notice Last Edited On

September 17, 2008 05:03 PM

Deadline Date

July 1, 2008 04:00 PM

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