D A T E T U E S D A Y M A Y 14, 2013
THE SALT LAKE COUNTY COUNCIL, STATE OF UTAH, MET ON TUESDAY, MAY 14, 2013, PURSUANT TO ADJOURNMENT ON TUESDAY, MAY 7, 2013, AT THE HOUR OF 4:06:29 PM, AT THE SALT LAKE COUNTY GOVERNMENT CENTER, 2001 SO. STATE STREET, ROOM N1100, SALT LAKE CITY, UTAH.
COUNCIL MEMBERS
PRESENT: RANDY HORIUCHI
RICHARD SNELGROVE
JIM BRADLEY
ARLYN BRADSHAW
DAVID WILDE
SAM GRANATO
STEVEN DEBRY, Chair
COUNCIL MEMBERS
EXCUSED: MICHAEL JENSEN
MAX BURDICK
OTHERS IN ATTENDANCE: BEN MCADAMS, MAYOR
SIM GILL, DISTRICT ATTORNEY
By: RALPH CHAMNESS, DEPUTY DISTRICT ATTORNEY
JASON ROSE, LEGAL COUNSEL, COUNCIL OFFICE
SHERRIE SWENSEN, COUNTY CLERK
By: GAYELENE GUDMUNDSIN & NICHOLE WATT, DEPUTY CLERKS
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Council Member DeBry, Chair, presided.
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Council Member Wilde opened the meeting with an inspirational thought/reading/invocation.
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Mr. Garrett Peterson, Scout Troop 505, led the Pledge of Allegiance to the Flag of the United States of America.
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Council Member Bradshaw, seconded by Council Member Bradley, moved to approve the minutes of the Salt Lake County Council meeting held on Tuesday, May 7, 2013. The motion passed unanimously, showing that all Council Members present voted “Aye.”
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Mr. Matthew Peterson spoke under “Citizen’s Public Input” regarding fluoride in the water system of Salt Lake County. He stated fluoride is a poison second only to arsenic, and is not good for the citizens of the valley. It is low-level poisoning. Putting fluoride in the water system should not continue without a proper scientific investigation.
Mr. Steve Winder spoke under “Citizen’s Public Input” representing “Fluoride Free Utah.” He stated most of Europe has stopped putting fluoride in their water systems because it is a poison. The American Dental Association just came out warning parents they should not mix fluoridated tap water with baby formula because there are adverse side effects for infants. He encouraged the Council Members to visit the website called Fluoridealert.org. Salt Lake County is relying on information that was obtained in the 1960s, and it needs to look into this issue.
Council Member Horiuchi stated this issue was voted on by the citizens of Salt Lake County, of which approximately 70 percent chose to have fluoride in the water system. If Fluoride Free Utah wants to remove the fluoride from the water system, it would have to collect enough votes to get this issue back on the ballot.
Council Member Snelgrove suggested Fluoride Free Utah talk with Salt Lake City as that is the government that handles water within Salt Lake County. He also suggested meeting with the Salt Lake County Board of Health.
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Mr. Steve Van Maren spoke under “Citizen Public Input” regarding the District Attorney’s building. He asked if a decision was made during the closed session of the Committee of the Whole meeting held earlier today.
Council Member Bradshaw stated when the Council makes a final decision it will be done in open session. The closed meeting was to discuss real estate issues.
Council Member DeBry stated this is a closed session issue and the Council cannot comment regarding this issue.
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Mayor Ben McAdams read the following Proclamation declaring May 12 – May 18, 2013, as National Women’s Health Week, and May 13, 2013, as National Women’s Checkup Day in Salt Lake County:
P R O C L A M A T I O N
WHEREAS, National Women’s Health Week was initiated in the dawn of the new millennium by a group of public and private organizations dedicated to raising awareness of women’s health issues;
WHEREAS, from that day forward National Women’s Health Week has occurred in the spring, with an annual celebration held the week following Mother’s Day;
WHEREAS, National Women’s Health Week is celebration of women taking responsibility for their own health through greater knowledge and understanding;
WHEREAS, National Women’s Health Week celebrates the efforts of national and community organizations working with partners and volunteers to improve awareness of key women’s health issues;
WHEREAS, Alliance Community Services has chosen Salt Lake County to officially launch our local efforts.
NOW, THEREFORE, I, Ben McAdams, Mayor of Salt Lake County, on behalf of Alliance Community Services, do hereby proclaim the week following Mother’s Day – Sunday, May 12, through Saturday, May 18, 2013 to be:
National Women’s Health Week and
May 13th National Women’s Checkup Day
in Salt Lake County
I urge all citizens to participate in activities planned hereforth.
In testimony whereof, I have hereunto set my hand and caused to be affixed the Seal of Salt Lake County, this 14th day of May, 2013.
By /s/BEN MCADAMS
Mayor, Salt Lake County
Mayor McAdams presented Alliance Community Services with the proclamation.
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Mayor Ben McAdams recognized Dale Carpenter, Director, Economic Development, who is retiring from his long and distinguished career promoting economic development in Utah.
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Council Member Bradley spoke under “Report of Council Members Report” stating that he attended the West Valley Chamber of Commerce meeting where 10 students from Kearns were honored for their essays regarding their personal heroes.
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Mr. Adam Miller, Deputy District Attorney, submitted a letter recommending denial of the GRAMA appeal filed by Melissa Kennedy regarding the decision of the Salt Lake County District Attorney’s Office.
Council Member Horiuchi, seconded by Council Member Bradshaw, moved to ratify the decision made in the Committee of the Whole meeting. [Council Member Jensen, seconded by Council Member Wilde, moved to table this issue for one week. The motion passed 6 to 3 with Council Members Horiuchi, Granato, and Burdick voting in opposition.] The Council motion passed unanimously, showing that all Council Members present voted “Aye.”
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Ms. Nichole Dunn, Deputy Mayor, submitted a letter requesting the Council’s advice and consent to the appointment of Michael Ongigko as the Director for the Human Resources Division.
Council Member Horiuchi, seconded by Council Member Bradshaw, moved to ratify the decision made in the Committee of the Whole meeting. [Council Member Jensen, seconded by Council Member Burdick, moved to approve the appointment and forward it to the 4:00 p.m. Council meeting for formal consideration. The motion passed unanimously.] The Council motion passed unanimously, showing that all Council Members present voted “Aye.”
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The Council reviewed a real estate issue regarding the new District Attorney’s Building.
Council Member Horiuchi, seconded by Council Member Bradshaw, moved to ratify the vote made in the Committee of the Whole meeting. [Council Member Horiuchi, seconded by Council Member Bradshaw, moved to verify the sentiment of the District Attorney’s Office. The motion passed unanimously. Council Member Jensen was absent for the vote.] The Council motion passed unanimously, showing that all Council Members present voted “Aye.”
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Mr. Kevin Jacobs, Chief Deputy, Assessor’s Office, recognized Kelly Young, Personal Property Division, Assessor’s Office, who is retiring after 37 years of distinguished service.
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Mr. Lee Colvin, Manager, Real Estate Section, submitted a letter recommending approval of the following RESOLUTION authorizing execution of a LAND EXCHANGE AGREEMENT between Salt Lake County for its Real Estate Section and Kennecott Utah Copper. Salt Lake County will pay Kennecott $220,200 for a 3.187 acre parcel of property, located at 8800 West 2600 South (portions of Parcel Nos. 14-19-402-002 and 14-20-301-002), along with a permanent easement and a temporary construction easement, valued at $299,700, to construct the Cyprus Retention Pond and Storm Drain. In addition, Salt Lake County declared 1.3 acres of vacant land, located at 2089 South 8000 West (Parcel Nos. 14-16-354-001, 14-16-354-002, and 14-16-354-030) as surplus, set its value at $79,500, and conveyed it to Kennecott.
RESOLUTION NO. 4701 DATE May 7, 2013
A RESOLUTION OF THE SALT LAKE COUNTY COUNCIL APPROVING A LAND EXCHANGE AGREEMENT BETWEEN SALT LAKE COUNTY AND KENNECOTT UTAH COPPER LLC.
RECITALS
A. Kennecott Utah Copper LLC (“Kennecott”) owns a three-acre parcel of real property located in Salt Lake County, Utah (“Kennecott Parcel”). The Salt Lake County Real Estate Section has determined that the Kennecott Parcel and related easements have a fair market value of $299,700.00
B. Salt Lake County (“County”) owns 1.304 acres of real property consisting of subdivided lots within the Progress Subdivision located in Salt Lake County (“County Parcels”). The Salt Lake County Real Estate Section has determined that the County Parcels are not in public use by the County and have a fair market value of $79,500.00.
C. The County desires to acquire the Kennecott Parcel along with a perpetual easement (“Perpetual Easement”) and a temporary construction easement (“Temporary Construct Easement”) to construct, access, and maintain storm water facilities on the Kennecott Parcel.
D. Kennecott and the County have negotiated the terms and conditions of an exchange of the County Parcels and $220,200.00 for the Kennecott Parcel. The terms and conditions of this exchange are contained in the Land Exchange Agreement, attached hereto as Exhibit A.
E. It has been determined that the best interests of the County and the general public will be served by the sale and conveyance of the County Parcels to Kennecott and the acquisition by the County of the Kennecott Parcel and the related Perpetual Easement and Temporary Construction Easement according to the terms and conditions of the attached Land Exchange Agreement. The purchase will be in compliance with all applicable state statues and county ordinances.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the Salt Lake County Council that the County Parcels are declared surplus property.
IT IS FURTHER RESOLVED by the Salt Lake County Council that the Land Exchange Agreement, attached hereto as Exhibit A and by this reference made part of this Resolution, is approved; and the Mayor is hereby authorized to execute the said Land Exchange Agreement.
IT IS FURTHER RESOLVED by the Salt Lake County Council that the Special Warranty Deed for the Kennecott Parcel attached as Exhibit C to the Land Exchange Agreement, the Special Warranty Deed for the County Parcels attached as Exhibit D to the land Exchange Agreement, the Perpetual Easement attached as Exhibit E to the Land Exchange Agreement, and the Temporary Construction Easement attached as Exhibit F to the Land Exchange Agreement are hereby approved; and the Mayor and County Clerk are hereby authorized to execute the Special Warranty Deed, the Perpetual Easement and Temporary Construction Easement, on behalf of the County and to sign any other documents required to complete the transactions contemplated in the Land Exchange Agreement and to deliver the fully executed documents to the County Real Estate Section for delivery to Kennecott at closing.
APPROVED and ADOPTED this 14th day of May, 2013.
SALT LAKE COUNTY COUNCIL
ATTESTED:
By /s/STEVEN DEBRY
Chair
/s/SHERRIE SWENSEN
County Clerk
Council Member Bradshaw, seconded by Council Member Bradley, moved to ratify the vote made in the Committee of the Whole meeting. [Council Member Horiuchi, seconded by Council Member Wilde, moved to approve the resolution and forward it to the 4:00 p.m. Council meeting for formal consideration. The motion passed unanimously. Council Members Jensen and Burdick were absent for the vote.] The Council motion passed unanimously, authorizing the Chair to execute the resolution and directing the County Clerk to attest his signature, showing that all Council Members present voted “Aye.”
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Ms. Iris Pittman, an employee of the District Attorney’s Office, submitted a Disclosure of Private Business Interest form advising the Council that she is employed by Crippen & Cline as a consultant.
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Ms. Valina Eckley, an employee of the Information Services Division, submitted a Disclosure of Private Business Interest form advising the Council that she does freelance web design.
Council Member Bradshaw, seconded by Council Member Bradley, moved to accept the disclosure forms and make them a matter of record. The motion passed unanimously, showing that all Council Members present voted “Aye.”
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Mr. Wayne Cushing, County Treasurer, submitted letters recommending partial release of tax liens on the following properties. These properties were transferred or conveyed to new owners without satisfaction of all outstanding property tax obligations. He also requested authorization to reapply all liens for delinquent taxes, interest, penalties, and administrative costs and to bill the co-owners for their respective portion based on the owner’s interest compared to the whole.
Taxpayer Parcel No.
Sugarplum Homes 27-15-151-002-0000
27-15-151-056-0000
Neal B. Davis 16-31-231-020-0000
Salt Lake Exchange Accom 309 27-10-302-001-0000
Gough Homes 28-06-401-022-0000
David A. & Annette C. McPhie 17-22-126-012-0000
The Cove at Riverwood 28-19-153-003-0000
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Mr. Lee Gardner, County Assessor, submitted a letter recommending refunds in the amounts indicated be issued to the following taxpayers for overpayment of vehicle taxes:
Taxpayer Year Refund
Jennifer L. Craig 2013 $150.00
Kenneth J. Workman 2013 $ 50.00
Karolyn P. Adderley 2013 $113.00
Calin Perry 2013 $ 35.00
Kurt M. Mussell 2013 $ 3.00
Josh Sargent 2013 $ 83.00
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Ms. Liz Fehrmann, Chair, Property Tax Committee, submitted a letter recommending correction of a parcel number on the previously approved request of the South Valley Water Reclamation Facility to waive penalty, interest, and the Tax Sale Administration fee for delinquent payment of 2007 taxes. The correct parcel numbers should be 21-26-176-005 and 21-26-176-006.
Council Member Bradshaw, seconded by Council Member Bradley, moved to approve the recommendations. The motion passed unanimously, authorizing the County Treasurer to effect the same, showing that all Council Members present voted “Aye.”
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Sheriff James Winder submitted a letter requesting approval to fill a Construction & Maintenance Specialist 20/22 position.
Council Member Bradshaw, seconded by Council Member Bradley, moved to ratify the vote taken in the Committee of the Whole meeting. [Council Member Bradshaw, seconded by Council Member Granato, moved to approve the request and forward it to the 4:00 p.m. Council meeting for formal consideration. The motion passed unanimously. Council Members Jensen and Burdick were absent for the vote.] The Council motion passed unanimously, authorizing the County Chief Financial Officer to effect the same, showing that all Council Members present voted “Aye.”