MINUTES

 OF THE REGULAR MEETING OF THE

TOOELE COUNTY BOARD OF COMMISSIONERS

HELD JANUARY 17, 2012

 

 

            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.         PLEDGE OF ALLEGIANCE.

 

2.         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.

 

3.         MINUTES.  Commissioner Hurst moved to approve the minutes of the December 6 and December 20, 2011 minutes as corrected.  Commissioner Clegg seconded the motion.  All concurred.

 

4.         CONSENT AGENDA.  Commissioner Clegg moved to approve the Consent Agenda.  Commissioner Hurst seconded the motion.  All concurred.

 

Tax Adjustments:  A) Thomas F.L. Koester, Transaction #20113634210030011.  The owner qualifies for a Veteran’s abatement on this truck.  Relief amount ($110.00);  B) Tooele Power, Account #BU-22-0183.  No longer in business.  This amount is uncollectible.  Adjustment ($175.42);  C) Steadman’s Recreation (Neal Olson), Transaction #20113474210030003.  The dealer registered this incorrectly.  Should have been registered street legal.  It has been re-registered correctly.  Relief amount ($45.00);  D) Steadman’s Recreation (Neal Olson), Transaction #20113241210010003.  The dealer registered this incorrectly.  Should have been registered street legal.  It has been re-registered correctly.  Relief amount ($45.00); E) Roberto Montano, Serial #02-032-0-0003.  Due to computer error, tax notice was sent incorrectly.  Tax payer payed the amount on notice, computer system still shows a balance due to computer error.  Relief amount $30.36.

 

Invoices:  A) Warrants issued on December 22, 2011 in the amount of $829,936.69 - Check #128592 to #128775; B) Warrants issued on December 28, 2011 in the amount of $411,845.61.  Direct Deposit #79446 to #79836, Check #5168 to #5172.  Transmittal Checks in the amount of $267,601.74, Check #5173 to #5190; C) Warrants issued on December 29, 2011 in the amount of $1,276,678.39 - #128776 to #128919; D) Warrants issued on January 5, 2012 in the amount of $266,325.95 - #128920 to #129032; E) Warrants issued on January 11, 2012 in the amount of $453,206.97, Direct Deposit #79837 to #80214, Check #5191 to #5197.  Transmittal Checks in the amount of $271,239.85, Check #5198 to #5213; F) Warrants issued on January 12, 2012 in the amount of $941,314.94 - #12033 to #129206.

 

5.         DESERET PEAK COMPLEX.  Mark McKendrick, Parks & Recreation, needs approval to renew the state beer license for the Deseret Peak Complex.  Commissioner Hurst moved to renew the beer license for the Deseret Peak Complex with the state.  Commissioner Clegg seconded the motion.  All concurred.

 

Mark also asked for approval on the application making the Benson Grist Mill a Certified Utah Museum.  This designation must be renewed every two years.  It allows him to apply for grants.  Commissioner Hurst moved to approve the application to designate the Benson Grist Mill as a Certified Utah Museum.  Commissioner Clegg seconded the motion.  All concurred.

 

6.         APPOINTING A COMMISSION CHAIR.  Commissioner Clegg moved to appoint Commissioner Johnson as Chair for 2012.  Commissioner Hurst seconded the motion.  All concurred.

 

7.         AMENDMENT TO EASEMENT AND AGREEMENT BETWEEN TOOELE COUNTY AND CLARENCE O. AND RUTH E. HANSEN.  This is an agreement between Tooele County and Clar’s Auto which allows Clar’s to park some of their cars awaiting repair in the county parking lot.  Commissioner Hurst stated that the original agreement allowed Clar’s to use five spaces directly behind their building.  This agreement includes an additional seven spaces, for a total of 12 spaces.  The other change is that the Maintenance Department will be authorized to enforce the 12-space restriction.  If vehicles are in violation, the Maintenance Department has the authority to have them towed and to issue violations.  The Hansens will pay the county $200 per year for the extra seven spaces.  This is just for cars being worked on; not for storing them.  Commissioner Hurst moved to approve the Amendment to the Easement and Agreement Between Tooele County and Clarence O. And Ruth E. Hansen.  Commissioner Clegg seconded the motion.  All concurred.

 

8.         PUBLIC HEARING - DECLARATION OF SURPLUS REAL PROPERTY.  Commissioner Johnson opened the public hearing.  Those in attendance were: Kerry Beutler, Matt Hilderman, Mark McKendrick, Kevin Perko, Mike Jensen, Joshua Maher, Jeremy Walker, Gary Walker, Jim Gowans, George Young, Kendall Thomas, Dennis Tracey, Wendy Shubert, Pam Ayala, Brent Marshall, Jerry Houghton, Julia Holt, Gary Gowans, Leslie Rinaldi, Shawn Milne, Chris Sloan, Sheldon B. Birch, Vern Loveless, Carol Jensen, Michael R. Jensen, Scott Bryan, Maresa Manzione, Melanie Hammer, and Tim Gillie.  This is a piece of property in Erda, in the Gull Subdivision, Lot 201, which the county recently purchased for a road right-of-way, and now they are ready to sell it.  There was no public comment.  Commissioner Hurst moved to close the public hearing.  Commissioner Clegg seconded the motion.  All concurred.

 

9.         DECLARATION OF SURPLUS REAL PROPERTY.  Commissioner Hurst moved to declare Lot 201 of the Gull Subdivision in Erda as surplus property.  Commissioner Clegg seconded the motion.  All concurred.

 

10.       STANDARD COOPERATIVE AGREEMENT FOR UTAH STATE UNIVERSITY EXTENSION EDUCATIONAL WORK - 2012.  Commissioner Hurst moved to approve the Standard Cooperative Agreement for Utah State University Extension Educational Work - 2012.  Commissioner Clegg seconded the motion.  All concurred.

 

11.       APPROVAL OF REDISTRICTING MAPS.  Marilyn Gillette, Clerk, reviewed the changes that have been made to the county voting precincts.  She asked the Commission to approve two maps, one with the State Senate and State House lines as they came from the state, and one with them corrected.  She also discussed two plans for the redistricting of the local school board boundaries.  The school board members have not been able to agree on which map they prefer.  Commissioner Clegg moved to approve the voting precinct redistricting maps, the regular and the preferred.  Commissioner Hurst seconded the motion.  All concurred.

 

Commissioner Johnson asked for comments on the school district maps.  Commissioner Hurst stated that this has never been brought up in a board meeting.  Scott Bryan, School Board, stated that they had discussed it, but they did not have a formal vote.  Commissioner Hurst felt that it should be discussed in a board meeting.  He moved to postpone the county’s decision until this is brought up in a school board meeting.  Commissioner Clegg seconded the motion.  All concurred.  Commissioner Hurst amended the motion, postponing this item to the first Commission Meeting in February.  Commissioner Clegg seconded the motion.  All concurred.

 

12.       LOBBYING AND CONSULTING SERVICES AGREEMENT WITH JAMES R. GOWANS.  Commissioner Hurst moved to approve the Lobbying and Consulting Services Agreement with James R. Gowans.  Commissioner Clegg seconded the motion.  All concurred.

 

13.       TOOELE COUNTY PARKS AND RECREATION AREA MANAGEMENT PLAN.  Commissioner Hurst stated that some constituents have been asking about the management plan for the Deseret Peak Complex.  He asked Mark McKendrick and Dave Brown to come up with a management plan.  The plan outlines how they will maintain the parks, campgrounds, and trails.  And how they will care for the signage on the trails and keep the trails and campgrounds as clean as possible.  It also states they will be visited on a regular basis for inspection.  They have been working on an extensive trail system for the county.  They want to keep it inviting and to keep the public in-line with the rules and regulations.  Enforcement will be handled by the Sheriff’s Department citizen patrol by calling dispatch with sticker or license plate numbers on fenders for prosecution.  Commissioner Hurst moved to approve the Tooele County Parks and Recreation Area Management Plan.  Commissioner Clegg seconded the motion.  All concurred.

 

14.       LEGAL DEFENDER AGREEMENTS.  Commissioner Johnson stated that she has a conflict with one of the agreements - the one with Derrick K. Larson.  He is her nephew.

 

Attorney Hogan stated that this is basically the same as in years past, with the exception of changes in Paragraph 6.  The old contract said they could only apply for additional funding if the case were a 1st degree felony homicide, the new language allows them to apply for additional funding if the case is unusually complex or requires an extraordinary amount of time.  He recommended approval of the contracts.  Commissioner Hurst moved to approve the Legal Defender Agreements with Wayne Freestone, Derrick K. Larson, Jacob L. Linares, Richard J. Tanner and David J. Angerhofer.  Commissioner Clegg seconded the motion.  Commissioners Hurst and Clegg voted yes.  Commissioner Johnson voted yes for all but Derrick K. Larson, for whom she abstained from the vote.

 

15.       LEGAL DEFENDER APPELLATE AGREEMENT WITH JOHN PACE.  Attorney Hogan stated that Mr. Pace has agreed to represent Dwayne Wyman who is in prison.  This agreement is just for the two cases which Mr. Dwayne Wyman has filed appeals on.  Commissioner Hurst moved to approve the Legal Defender Appellate Agreement with John Pace.  Commissioner Clegg seconded the motion.  All concurred.

 

16.       ORDINANCE 2012-01 - VACATING THE PUBLIC RIGHT-OF-WAY INTEREST IN ROADS LOCATED WITHIN THE MURRAY FLATS SUBDIVISION, PHASE I, IN THE PINE CANYON TOWNSHIP.  Matt Hilderman, Engineering, stated that this is to vacate the rights-of-way in the subdivision.  The bank has requested the developers not develop the property but to vacate it.  The Pine Canyon Township Planning Commission vacated the lots and recommended to the commission that they vacate the rights-of-way also.  Staff states that both parties agree on the vacation so they also agree with it.  Leslie Rinaldi, representing Celtic Bank, was present.  Commissioner Hurst moved to approve Ordinance 2012-01 - Vacating the Public Right-of-Way Interest in Roads Located within the Murray Flats Subdivision, Phase 1 in the Pine Canyon Township.  Commissioner Clegg seconded the motion.  All concurred.

 

17.       CONTRACT REVIEW.  A) 06-04-15 - Jail Pharmacy Services Agreement Between Tooele County and Superior Care Pharmacy.  Attorney Hogan asked that this contract be put back on the agenda for February so that he has time for further review.

 

18.       BOARD APPOINTMENTS.  Commissioner Clegg stated there are two vacancies on the Erda Township Planning Commission.  He gave thanks to Doyle Taylor for serving two terms and recommended Scott Cluff to fill that vacancy which will run through December of 2014.  Commissioner Hurst seconded the motion.  All concurred.

 

Commissioner Clegg also stated that Martin Pendley’s term on the Erda Township Planning Commission ended at the end of 2011, and he recommended Doug Lawson to fill the position.  His term will run from January 2012 to December 2012.  Commissioner Hurst seconded the motion.  All concurred.

 

19.       PUBLIC CONCERNS.  Dennis Tracey is very active in anything to do with veterans affairs and anything to do with veterans in Tooele County.  He was the Patriot Guard Rider last year when we lost Jordan Byrd.  They have a program called Reach Across America which puts a wreath on every veteran’s grave across America.  Last year he placed a wreath on the grave of Jordan Byrd with his family present.  The Civil Air Patrol wanted to start this program across the state.  Mr. Tracey ordered three wreaths at $15 each, and on the second Sunday in December, placed them in Tooele City, Grantsville City, and Wendover City so he could say they had wreaths across Tooele County this last year.  He asked for support from the Tooele County Commissioners in getting a bigger event planned for next year.

 

20.       ADJOURN.  Commissioner Hurst moved to adjourn the meeting at 3:38 p.m.  The meeting adjourned.

 

 

 

 

 

            Approved February 7, 2012

 

            By:__________________________