Of the Regular Meeting of The

MINUTES OF THE REGULAR MEETING OF THE TOOELE COUNTY BOARD OF COMMISSIONERS HELD JUNE 4, 2013

Chairman Clegg called the meeting to order at 7:00 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 Bruce Clegg, Chairperson, Jerry Hurst and Shawn Milne present. Also present were Scott Broadhead, Deputy Attorney and Marilyn Gillette, Clerk. Doug Hogan, Attorney, was excused.

3. MINUTES. Commissioner Hurst moved to approve the minutes of the Commission Meeting held May 14, 2013 as corrected. Commissioner Milne seconded the motion. All concurred.

4. CONSENT AGENDA. Commissioner Milne moved to approve the consent agenda. Commissioner Hurst seconded the motion. All concurred.

Tax Adjustments and Deferral’s. A) Marvin Todachiny, Parcel #10-046-0-0086. The total amount owed is $3,201.45. Mr. Todachiny will pay $200 per month until it is paid in full; B) Darlene Olson (Gary Price Jr.), Parcel #03-017-0-0008. The total amount owed is $1,093.57. Owner will pay $86.32 per month for 12 months until paid in full; C) William Jefferies, Parcel #10-26-32, Lot #32. Owner paid $100 on May 15th, will pay all or part in 90 days.

Invoices. A) Warrants issued on May 15, 2013 in the amount of $395,095.68. Direct Deposit #93280 - #93581. Check #6124 - #6129. Termination check #6150 - #6169. Transmittal Checks in the amount of $264,043.13. Check #6170 - #6180; B) Warrants issued on May 16, 2013 in the amount of $323,471.73, Check #139455 thru #139549; C) Warrants issued on May 21, 2013 in the amount of $953,202.55, Check #139550 thru #139647.

5. FINANCIAL REVIEW BY JEREMY WALKER, TREASURER . Treasurer Walker gave a presentation on the county’s financial position. The county elected officials will be taking a presentation around the county in “Town Hall Meetings” to inform citizens on the county’s financial position and why the proposed tax increase is needed. The schedule for the “Town Hall Meetings” will on the county’s website. The Truth in Taxation hearing will be held August 20th.

6. REASSIGNMENT OF RESPONSIBILITIES FROM THE ERDA TOWNSHIP AND PINE CANYON TOWNSHIP PLANNING COMMISSIONS TO THE TOOELE COUNTY PLANNING COMMISSION . Attorney Broadhead reviewed the three different planning commissions that the county has, i.e., the Tooele County Planning Commission (TCPC), the Erda Township Planning Commission (ETPC) and the Pine Canyon Township Planning Commission (PCPC). This proposal does not abolish the townships, only the planning commissions within those townships. The main reason is the county’s financial situation. The County’s planning department has been cut to one person, it use to have five. The reduction makes it more difficult to have people there to staff the meetings.

Benjamin Gordon asked if this action would mean that they will be townships only in 1 name. Scott stated no, they still have to follow all of the laws regarding townships, there just won’t be a township planning commission. Any issues within the township would come before the TCPC.

Ethel Walters, Erda is in favor of abolishing the ETPC. She discussed a problem she has had in Erda with development. She will withdraw from the Erda township if it remains in force.

Gordon Beals asked if it is legal to dissolve the townships when there are people who were elected to the board positions. Scott stated if an entity gets dissolved, the officials wouldn’t have a board to be elected to.

Stacey Peterson asked if they can’t have these two boards, can they be integrated into the county board? Perhaps they could hold the meetings less often, perhaps combine the meetings. They could use the people who had the highest votes or who were voted in last, to decide who is going to serve on the TCPC.

Ryan Foster, ETPC, asked how much money this will save the county in one year? Commissioner Hurst stated it is a matter of staff rather than money, we don’t have the staff anymore.

Gordon Beals asked why they have to have staff there, they could just send the Commissioners the minutes. Kerry stated it’s possible, however, there are always questions for staff and staff is always doing the review to make sure it meets the county ordinance.

Robert Pankratz, Erda, asked isn’t the planner responsible for the plans in Erda. Won’t you still have the same projects that need to be looked over? Commissioner Clegg stated there would be just one board that would meet monthly and you wouldn’t have the other two boards that meet separately that need people to meet with them also. The TCPC could deal with the issues for both of the other planning commissions

Tom Poyner, Tooele City Planning Commission member, is grateful when the attorneys and planning people from the city are there when they have questions that need to be answered.

Ryan Foster is grateful for the staff and the support they give the ETPC. Is it a burden to support three boards as opposed to one? Kerry Beutler, Planner, stated the planning commissions aren’t a burden. Managing the agendas, the legal notice dates and timing for those agenda’s, that can be difficult with 3 planning commissions.

Anita Darwymple has volunteered a number of times but has never been asked to participate. Is it possible to use volunteer help? Kerry stated it is a technical review that needs to be done. He would consider the volunteer option.

There are seven members on each planning commission, 3 are elected and 4 are appointed.

Jillian Johns-Young asked Kerry if he is the only person that actually reviews every one of the plans? Kerry stated they come to his office, he is not the only person who reviews them. He is the resident expert on what the laws and zones are.

Anita Darwymple asked if there is a minimum requirement for educational planning when people apply to the board. Could the board see that changing. Commissioner Milne thought that was a good request. Commissioner Clegg stated this is a service that we are taking tax money to pay for at Pine Canyon and Erda and they are not providing that service for other areas in the community. Anita stated that money is being spent, yet no-one has a figure of how much of a budget it really takes.

Scott Cluff, ETPC, proposed, rather than abolishing these two planning commissions,

2 perhaps consolidating, have meetings at the same time and same place. Consolidate and make wise use of county resources.

Commissioner Hurst appreciated the comments and everyone that had input. He would like to take this into consideration and render a decision later on. Commissioner Milne added that the beauty of tonight is this is exactly how it should work. With people showing up like they have tonight, this is how you guarantee that good decisions are made. Commissioner Hurst moved to postpone items 6A & B for one month so they can further review this issue and get more comments. Commissioner Milne seconded the motion. All concurred.

A)Resolution 2013-12 - Abolishing the Erda Township Planning Commission and the Pine Canyon Township Planning Commission and Reassigning Their Duties to the Tooele County Planning Commission B)Ordinance 2013-11 - Repealing, Renaming, and Replacing Chapter 10, Township Planning District Planning Commissions, of Title 4, Boards and Committees, of the Tooele County Code

7. ORDINANCE 2013-06 - AMENDING THE OFFICIAL ZONING MAP OF TOOELE COUNTY; REZONING APPROXIMATELY 40 ACRES OF LAND JUST SOUTH OF STOCKTON CITY FROM MU-40 TO MG-EX. Kerry Beutler, Planner, stated the applicant has requested this be postponed to the next Commission meeting. Commissioner Hurst made that motion. Commissioner Mile proposed a different motion, to table this item indefinitely until they are ready since it has already been postponed previously. Commissioner Hurst seconded the motion. All concurred.

8. AMENDMENT #6 TO CONTRACT DATED MARCH 30, 2010 BETWEEN JVIATION INC. AND TOOELE COUNTY WENDOVER AIRPORT . Jim Peterson, Wendover Airport, this agreement is an ongoing engineering agreement at the Wendover Airport. Total amount of the grant is $352,279.50. The match is paid by the casino’s in West Wendover, Nevada. Commissioner Milne moved to approve. Commissioner Hurst seconded the motion. All concurred.

9. FIVE MILE RECYCLE CLASS 6 LANDFILL - DUNN CONSTRUCTION LLC. Mike Dunn, Dunn Construction LLC, felt there were a lot of questions the Commission wanted to ask when the zoning change was approved last meeting. Commissioner Milne asked if Mr. Dunn had all of the paperwork and applications for the Department of Environmental Quality completed. Mike stated they need to lease land from the BLM, that paper work should be done by next week. The right of way will also be taken care of. He needs approval from the Tooele County Planning Commission on the conditional use permit before he can move forward. Commissioner Hurst has some unanswered questions, i.e., make sure that the road is not a county road; the mitigation fees, besides what is owed to the health department. All of these things will be in the conditional use permit.

Anita Darwymple asked if there are restrictions on the things that can be put in this landfill? Mike Dunn stated basically it is just construction waste. Brandon Bender asked about the insulation, how are they going to keep controls of it. Dunn stated they grind all of their stuff up.

10. MHSA - TOOELE COUNTY STATE MATCH AGREEMENT BETWEEN UTAH DEPARTMENT OF HEALTH AND TOOELE COUNTY . John Burn, VMH, asked that the Commission approve this agreement so the pass thru funds will be available to provide these services to the citizens of Tooele County. Commissioner Milne moved to approve. Commissioner Hurst seconded the motion. All concurred.

11. CANAL AGREEMENT BETWEEN TOOELE COUNTY AND E.T. IRRIGATING CANAL COMPANY . Kerry Beutler, Planner, stated item #11 and #12 are the same, so he discussed them together. This is the canal that is on county owned property, just east

3 of the gristmill. Because the canal is historic and has not been defined, he has been working with the Park and Ride developers and Kennecott to define it. Commissioner Hurst moved to approve both canal agreements with E.T. Irrigating and Kennecott. Commissioner Milne seconded the motion. All concurred.

12. CANAL AGREEMENT BETWEEN KENNECOTT UTAH COPPER LLC AND TOOELE COUNTY . See item #11.

13. REPAIR OF D8N DOZER - SOLID WASTE . Robert Warner, Solid Waste, presented 3 bids for repair of the D8N Dozer at the landfill.

Phillips Heavy Equipment Services, LLC. - $36,225.00 Utah Track & Welding Inc. - $41,420.48 Wheeler - $70,324.25

He recommended Utah Track and Welding, for a cost of $41,420.48 since that is a complete bid. Commissioner Milne made a motion to award the bid to Utah Track and Welding in the amount of $41,420.48. Commissioner Hurst seconded the motion. All concurred.

14. CONTRACT REVIEW A)99-07-12 - Communications Lease Agreement Between Utah Communications Agency Network (UCAN) and Tooele County; B)07-10-05 - Fatpot Mapview, Mobile & Records Management System License Agreement Between Fatpot Technologies and Tooele County will be reviewed June, 2014.

C)10-11-08 - Agreement Between Tooele County and Mathews Brothers Trucking, L.L.C. for Hauling Services at Bauer Landfill will be reviewed August, 2013.

D)11-08-03 - Lease Agreement Between Tooele County and Salt Lake Community Action Program will be reviewed March, 2016.

E)12-06-09 - Pharmacy Services Agreement at Tooele County Jail Between Superior Care Pharmacy, Inc. and Tooele County will be reviewed December, 2014.

15. BOARD OPENINGS A)South Rim Special Service District- 3 positions ( must live in District) B)Career Service Council- 3 positions (Qualifications: Citizens must be living in Tooele County for at least one year, divulge political party affiliation, understand merit principles as they apply to government employment and cannot hold a government job) C)Lake Point Cemetery and Park Service District- 2 positions (must live in the District) D)Mosquito Abatement Board- 1 position from Stockton E)Tourism Tax Advisory Board- 1 position F)Trails Committee- 2 positions G)Weed Control Board- 4 positions H)Housing Authority- 1 position If you are interested in any of these positions, please go to the Clerk's website- www.co.tooele.ut.us/clerk.htm, click on the "Information tab" and the "Board Application" link.

16. PUBLIC CONCERNS . Anita Darwymple - TCPC having representations from Pine Canyon and Erda. These are not elected representatives from those area. If the Commissioners decided to consolidate down to one board, she would ask that they consider appointing those who were elected to these boards. Commissioner Clegg asked if those boards could vote on who they want to have on the TCPC board. Scott stated that they could abolish the board but leave them as a recommending board. He will have to look into this.

Blair Hope recognized Treasurer Walker for the simplicity in his presentation. He asked

4 who currently preforms outside financial audits for Tooele County. Commissioner Milne stated that Haynie and Company does the county audit. Blair asked how long have they been performing the audit for the county. Commissioner Mile stated for at least 14 years. Blair asked who receives those reports? Commissioner Milne, the auditor and commission, also the public if they were to speak in Commission Meeting. Blair asked have there ever been any reports from this agency that were not acted upon? Commissioner Clegg stated not that they are aware of. Blair asked if they are happy with these auditors? Commissioner Clegg, we didn’t say that. Blair asked if they have looked at any other companies to do those outside audits?

John Beagley - is concerned about 5 mile pass and Mr. Dunn’s proposed landfill. They will be filling up the holes that have had the clay removed to make bricks. The Dunn company will be filling those holes with recycled building materials. He wanted assurance that they will not be dumping things in the mine shafts in the area.

Tom Poyner - asked about the county fair, he’s heard that it’s off again, as well as the derby. Raymond Dixon, Search and Rescue, gave an update on the derby. He received notification yesterday that the chamber would no longer be pursuing the fair derby. Because of a lack of answers and information, they voted not to have the demolition derby. Whether they were going to run it or someone else, they weren’t getting the funds they were hoping to get. He has another company that may be interested in putting the derby on. He asked if they use the facility would they be able to use the bleachers that the county owns. The stock show is a go as well as the 4H.

Sandy Critchlow asked if the commission meetings could start at 6:00 p.m. rather than 7:00 p.m. Commissioner Milne felt it should be at 7:00 p.m. for those who work in Salt Lake City. Commissioner Clegg liked the 6:00 p.m. idea.

17. ADJOURNMENT Commissioner Hurst moved to adjourn the meeting at 8:50 p.m. Commissioner Milne seconded the motion. All concurred.