Of the Regular Meeting of The s1

MINUTES

OF THE REGULAR MEETING OF THE

TOOELE COUNTY BOARD OF COMMISSIONERS

HELD SEPTEMBER 3, 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

ROLL CALL. The clerk called the roll which showed Commissioners Bruce Clegg, Chairperson, Jerry Hurst and Shawn Milne present. Also present were Doug Hogan, Attorney and Marilyn Gillette, Clerk.

MINUTES. Commissioner Milne submitted changes to the clerk for her to review. He moved to approve the minutes of the Commission Meeting held August 20, 2013 with the proposed changes. Commissioner Hurst seconded the motion. All concurred.

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

Tax Adjustments. A) Allen L. Cunningham, Transaction #220132214210020036. Bought this truck from a friend. After purchase they found out the vehicle has issues and gave it back. Relief amount ($10.00); B) Paul Garner, Transaction #20132144210030034. Vehicle was sold August 5, 2013. Relief amount ($10.00).

Invoices. A) Warrants issued on august 21, 2013 in the amount of $283,118.29. Direct Deposit #95203 - #95462, Check #6286 - #6292. Transmittal Checks in the amount of $256,599.21, Check #6293 - #6304; B) Warrants issued on August 22, 2013 in the amount of $358,157.38. Check #140901 thru #141019.

5. PRESENTATION OF LIABILITY INSURANCE OPTIONS AND AWARD OF BID. Darrell Child, Olympus Insurance Agency, gave the history of the County=s insurance coverage. He went thru a presentation showing the results of the request for proposal. The bids were as follows:

Vendor / Premium
(5 Million Limit) / Premium
($10 Million Limit)
Argonaut / $361,000 / $381,000
Scottsdale / $375,000 / $395,000
Utah Counties Indemnity Pool (UCIP) / $400,889 / N/A
Utah Local Government=s Trust (ULGT) / $277,650 / $301,650

Commissioner Hurst asked about the different area=s that Utah Countyies Indemnity Pool (UCIP), the County's current carrier, has a higher coverage than Utah Local Government's Trust (UGLT). Darrell discussed the additional items that ULGT has agreed to add to their policy to cover the items UCIP covers that were outside of the scope of ULGT. He suggested waiting on the worker's Compensation coverage until it can be evaluated at a future date. He also recommended they work with the county attorney, if they chose to go with the lowest cost provider, that they encompass all of those points addressed and agreed upon. Commissioner Milne made a motion to table the conversation for the Workers Compensation portion of the insurance. Commissioner Hurst seconded the motion. All concurred.

Commissioner Milne moved to enter into a contract with Utah Local Government's Trust, for the purposes that Mr. Child's gave during the presentation this evening, for the savings noted. With the clarifications we have had over the last several weeks, as well as providing the clarification to some of the questions asked tonight, as long as they are codified in the contract. Commissioner Clegg seconded the motion. All concurred .

Commissioner Milne moved to raise the excess coverage from the minimum of $5 million to the $12 million dollar mark. Commissioner Clegg seconded the motion. All concurred.

Mr. Child stated, this is an excellent demonstration of how the County Commission has been carefully evaluating many different expenditures to make sure that the most efficient cost is achieved in many area's of county government.

6. Ratification of Schedule A - Road Maintenance Agreement Between The Forest Service and Tooele County George Garcia, Forest Service District Ranger, discussed the previous Road Maintenance Agreement, as well as the new agreement. This renewal is for an additional 5 year term. Commissioner Hurst moved to Ratify Schedule A - Road Maintenance Agreement between the Forest Service and Tooele County. Commissioner Milne seconded the motion. All concurred.

7. Ratification of Forest Service Tooele County Weed Treatment Agreement for the Vernon and Stansbury Units. George Garcia, Forest Service District Ranger, discussed the previous Weed Treatment Agreement and this new agreement. This agreement includes $9,600 for weed treatment to be used by December, 2014. There is a small match from the county, mostly to include Jerry Caldwell, Tooele County Weed Director=s, time. Commissioner Hurst moved to Ratify the Forest Service Tooele County Weed Treatment Agreement for the Vernon and Stansbury Units. Commissioner Clegg seconded the motion. All concurred.

8. Tooele County Roofing Bids for Tooele Senior Center. Jeff Coombs, Health Department, presented the following bids for roofing the Tooele Senior Center:

Vender / Shingles / Membrane / Total / Thickness
Broken Arrow / $7,850. / $41,300. / $49,150. / 50 mil
Capitol Roofing / $10,755. / $39,611. / $50,000. / 45 mil
Capitol Roofing / $10,755. / $41,386. / $52,141. / 60 mil
American Roof / $10,569. / $43,754. / $54,323. / 60 mil
Aspen Roofing / $11,056. / $41,553 / $52,609. / 45 mil
Thacker Roof / $7,980. / Shingles only

Jeff recommended the bid from Broken Arrow because of the cost and the type of materials. This money is included in the maintenance budget.

Commissioner Hurst moved to award the bid to Broken Arrow for the combined amount of $49,150. Commissioner Milne seconded the motion and asked what the lifetime expectation is for this material. Myron Bateman, Health Department, stated the guaranteed life is 20 years, but the expected life is 15. All concurred.

9. Development Agreement with Henry Walker Construction of Northern Utah, LLC for Northpoint Village P.U.D. Kerry Beutler, Planner, reviewed this with the Commission. This agreement was postponed until review of the appeal was completed. Commissioner Hurst moved to approve the Development Agreement with Henry Walker Construction of Northern Utah, LLC for Northpoint Village P.U.D. Commissioner Milne seconded the motion. All concurred.

10. Subdivision Improvements Agreement with henry Walker Construction for Northport Village Phase I. Kerry Beutler, Planner, discussed this with the Commission. The bond is for $174,827.10. Commissioner Milne moved to approve. Commissioner Hurst seconded the motion. All concurred.

11. FAA Project 26 Runway Extension Grant - Wendover Airport. Jim Petersen, Wendover Airport Director, explained this grant to the Commission. This grant will extend the runway to the east 6.5 miles. There is a 9% match which will be paid by the Peppermill Corporation in lieu of passenger charges. This should also bring in $10-$15,000 annually to the airport. Commissioner Hurst moved to approve the FAA Project 26 Runway Extension Grant at the Wendover Airport. Commissioner Milne seconded the motion. All concurred.

12. Ordinance 2013-12 Enacting Chapter 19, Large Wind Energy Systems, and Amending Tables 15-5-3.6, 17-5-3.10, and 17-8.3. Kerry Beutler, Planner, reviewed the history of this ordinance. The greatest concern is establishing the appropriate setback/buffer. Commissioner Hurst moved that the buffer be 2 mile or 2,640 feet. Commissioner Clegg seconded the motion.

Commissioner Milne asked about the shared property owners being given the right to a waiver. Commissioner Clegg felt the conditional use permit (CUP) will give the County the opportunity to adjust a waiver. Commissioner Milne felt 2 mile is excessive when a CUP could negate any problems. He asked if the Commissioners would consider meeting him half way at 1,800 feet. Commissioner Clegg asked if at the CUP juncture it could be reduced to a half mile. Kerry stated they could ask for a waiver. Commissioner Hurst felt in regards to this particular project, they have asked the developer why they have to have turbines on the Stockton Bar. They indicated those would be the most productive. They had 29 turbines, 9 of them were either on the bar or west of the bar. Why not move them all on the north side and get them out of those people=s site. He would like to allow the project without impacting the residents. Commissioners Hurst and Clegg voted yes on the motion. Commissioner Milne voted no. The motion carried.

13. Ordinance 2013-13 - Amending the Official Zoning Map of Tooele County; Rezoning Approximately 40 Acres of Land North of Wendover City, Off of Leppy Pass Road, From MU-40 to RR-5. Kerry Beutler, Planner, discussed this request. This is the only privately owned land in the area, the rest of the land is owned by the BLM. The Tooele County Planning Commission recommended approval of the change. Commissioner Milne moved to approve Ordinance 2013-13. Commissioner Hurst seconded the motion. He amended the motion that it be conditional upon the requirement that it passes the perk test. Commissioner Clegg seconded the motion. The vote on the amendment - all concurred. The vote on the motion - all concurred.

14. Ordinance 2013-14 - Vacating the Public Right-of-Way Interest in a Portion of the East to West Transportation Corridor Known as the AParkway,@ Located East of and Adjacent to SR-36, South of the Cimmarron Way Intersection. Kerry Beutler, Planner, discussed this with the Commission. This road goes from Droubay Road to SR36. The Tooele County Planning Commission recommended approval of the vacation. Commissioner Hurst moved to approve Ordinance 2013-14. Commissioner Milne seconded the motion. All concurred.

15. Resolution 2013-18 - Proposing the Reorganization of the North Tooele County Fire Protection Service District from a Special Service District from a Special Service District to a Local District. Attorney Hogan stated this is the beginning of changing a special service district to a local district. He reviewed the history of the North Tooele County Fire Protection District (NTCFD) becoming a special service district and the path to get them to a special district. Randy Willden, NTCFD Chief, reviewed the history of the control of the NTCFD. Commissioner Clegg asked citizens living in the area if they have comments. Scott Bissegger reviewed what area=s the NTCFD covers. Kurt Allen , Lake Point, asked what benefit the fire district has right now thru the County Commission. Is there anything that is provided by the County that would not be provided if they become a local district. Only that the vote on the truth in taxation would be voted on by the elected fire board rather than the commission. Kim Clausing asked if they get any reimbursement from the Federal government. Randy stated only if they fight a State fire they may get reimbursed. Commissioner Clegg stated they are getting a lot of phone calls from people living in the district that don=t want this passed. Jeff McNeill stated until the last truth in taxation hearing he never saw the Commissioners at the hearings. All of the other meetings the taxes were always increased, even if the comments were against the increase. He felt it is a good balance that has an elected board that spends the money and another elected commission that makes sure they don=t have too much to spend. Commissioner Milne stated this would be a 5 member elected board, how is that different than this 3 member elected board ? Kurt felt like the members of the fire board being elected by the district that they represent is better than Commissioners being elected by the entire county. Advantage is local control. Commissioner Milne moved to approve Resolution 2013-18 to move the process to the next step. Commissioner Hurst seconded the motion. All concurred. Attorney Hogan stated that the Public Hearing will be held October 15th at 7:00 p.m.

16. Replacement of Downed Scraper at Landfill from 2012, not to Exceed $20,000. Robert Warner, Director of Solid Waste, stated the price range for a new scraper is $75-$85,000. Commissioner Milne moved to approve the replacement of the scraper up to $20,000 which has been budgeted for. Commissioner Hurst seconded the motion. All concurred.

17. Contract Review. A) 900104 Payment in Lieu of Taxes Between Tooele County and the Division of Wildlife Resources; E) 050902 Memorandum of Understanding Between Tooele Army Depot and Tooele County Sheriff's Office will be reviewed September, 2014.

B) 911103 Interlocal Cooperation Agreement Reorganizing the Tooele County Council of Governments will be reviewed September, 2015.

C) 000917 Groen Brothers Aviation, Inc. Lending Agreement with Tooele County; D) 000919 Hawk Autogyro Inc. Lending Agreement with Tooele County; F) 060701 Forest Road Agreement Between the U.S. Department of Agriculture Forest Service and Tooele County have no further need for review.

18. Board Openings. Attorney Hogan stated at the August 20th meeting, the Commission had appointed George Carter to Stockton's position on the Mosquito Abatement Board in error. The appointment is to be made by the Town of Stockton. Commissioner Hurst moved to vacate the appointment. Commissioner Milne seconded the motion. All concurred.

19. Public Concerns. Kim Clausing, Tobacco Prevention Program, would like to see an ordinance concerning smoke shops in Tooele County. Commissioner Hurst stated he believes the county passed an ordinance regarding smoke shops.

20. Adjournment. Commissioner Milne moved to adjourn the meeting at 9:18 p.m. Commissioner Hurst seconded the motion. All concurred.