BOARD OF UTAH COUNTY COMMISSIONERS, UTAH COUNTY, UTAH MINUTES
Tuesday, July 22, 1997

PRESENT: COMMISSIONER DAVID J. GARDNER, CHAIRMAN
COMMISSIONER JERRY D. GROVER, VICE-CHAIRMAN
COMMISSIONER GARY R. HERBERT

OTHERS PRESENT: Kent Sundberg, Deputy County Attorney
Jeff Mendenhall, Community Development
Karen Jordan, Treasurer Department
Leonard Ellis, Treasurer
Terry Beebe, Health Department
Joseph Miner, Health Department
Claude Richards, Assessor
Ivan Murphy, Continental Pipe Mfg
Home Fletcher, Visitor
Peter Staks, Saratoga Springs
Georgene Burton, Sundance
Glennis Liberty, Sundance
Julie Mack, Sundance
Mike Berntsen, Provo Pharmacy
Adian Bott, Loudell-Bott Subdivision
Sharon Haddock, Deseret News

The public meeting of the Utah County Commission was called to order by Commissioner David J. Gardner at 9:00 a.m. in Room 1400 of the Utah County Administration Building. The following matters were discussed:

CONSENT AGENDA
1. APPROVE AND AUTHORIZE THE COMMISSION CHAIRMAN TO SIGN AGREEMENT WITH THE STATE DEPARTMENT OF HUMAN SERVICES, DIVISION OF SUBSTANCE ABUSE FOR FUNDING FOR THE FISCAL YEAR JULY 1, 1997 TO JUNE 30, 1998

2. APPROVE AND AUTHORIZE DR. MINER TO SIGN THE WIC CONTRACT AMENDMENT #2 WITH THE UTAH DEPARTMENT OF HEALTH/WIC PROGRAM

3. APPROVE AND AUTHORIZE DR. MINER TO SIGN THE DEQ LHD ENVIRONMENTAL SERVICES CONTRACT WITH THE UTAH DEPARTMENT OF HEALTH

4. APPROVE AND AUTHORIZE DR. MINER TO SIGN THE IMMUNIZATION PROGRAM CONTRACT WITH THE UTAH DEPARTMENT OF HEALTH

5. APPROVE AND AUTHORIZE DR. MINER TO SIGN THE CORE CAP TOBACCO PREVENTION AND CONTROL

6. APPROVE AND AUTHORIZE THE COMMISSION CHAIRMAN TO SIGN

MAINTENANCE AGREEMENT WITH LES OLSON COMPANY FOR SHARP 8100 COPIER LOCATED IN THE UTAH COUNTY WIC OFFICE

7. APPROVE AND AUTHORIZE THE COMMISSION CHAIRMAN TO SIGN BOUTIQUE SPACE RENTAL APPLICATION AGREEMENTS FOR THE 1997 UTAH COUNTY FAIR WITH THE FOLLOWING:
*Prizm Art c/o Nancy Aston $100.00

8. APPROVE AND AUTHORIZE THE COMMISSION CHAIRMAN TO SIGN BOOTH SPACE RENTAL APPLICATION AGREEMENTS FOR THE 1997 UTAH COUNTY FAIR WITH THE FOLLOWING:
*Sprinkler World c/o Alan Long $250.00
*Mr. Match Maker c/o Sadie Young $250.00
*N Touch Wireless c/o Royce Burnette $250.00
*Forever Floral c/o Connie Collard $150.00
*Bureau of Reclamation c/o Sydne Jacques $250.00
*Provo College c/o John Covey $150.00
*Property One Health Care c/o Joy Schaerrer $250.00
*Toucan-do Printing, Inc. c/o Cort Harris $150.00
*Country Swing c/o Roger Fleenor $150.00
*Best Sheds c/o David Lloyd $150.00
*Creative Memories c/o Monica Beckstrom $250.00
*Burt Johnson $150.00

9. RATIFY STANDARD USE AGREEMENTS FOR RENTAL OF THE HISTORIC COURTHOUSE AS FOLLOWS:
*Sharon Ohman 5/01/97 Rotunda/Ballroom $750.00
*Dolly Ostler 5/02/97 Rotunda/Ballroom $750.00
*Delys Cowles 5/09/97 Rotunda/Ballroom $750.00
*Marie Nestle 5/10/97 Rotunda/Ballroom $750.00
*Karen Brotherson 5/23/97 Rotunda/Ballroom $750.00
*James Hecker 5/31/97 Rotunda/Ballroom $750.00
*Rachelle Rogers 6/10/97 Rotunda/Ballroom $750.00
*Diane King 6/14/97 Rotunda/Ballroom $750.00
*Loretta King 6/21/97 Rotunda/Ballroom $750.00
*Swanny Simpson 6/21/97 Rotunda/Ballroom $750.00
*Ronda Corbett 7/12/97 Rotunda/Ballroom $750.00
*Judy Rasmussen 7/26/97 Rotunda/Ballroom $750.00

10. SET TUESDAY, AUGUST 5, 1997 AT 9:00 A.M. AS THE DATE AND TIME FOR A PUBLIC HEARING TO AMEND SECTIONS 3-27 AND 3-28 OF THE UTAH COUNTY ZONING ORDINANCE

11. SET TUESDAY, AUGUST 5, 1997 AT 9:00 A.M. AS THE DATE AND TIME FOR A PUBLIC HEARING TO AMEND THE OFFICIAL UTAH COUNTY ZONING MAP FROM THE RA-5 ZONE TO THE A-40 ZONE IN SECTIONS 9 & 10, T8S R1E

12. SET TUESDAY, AUGUST 5, 1997 AT 9:00 A.M. AS THE DATE AND TIME FOR A PUBLIC HEARING TO AMEND SECTION 3-34, TEMPORARY USES, TO INCLUDE A NEW PARAGRAPH SEVEN, TENTS, CANOPIES AND TEMPORARY MEMBRANE STRUCTURES
Regarding Agenda Items 10, 11, and 12; it was noted that 14 days of publication was required for the public hearings. Therefore it was recommended that these public hearings be set for Tuesday, August 12, 1997 at 9:00 a.m.

**Consent agenda items number 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and12 were unanimously approved, authorized, ratified and set by consent with the afore-mentioned modifications.

ATTACHED: Agreement No's. 1997-269, 1997-270, 1997-271, 1997-272, 1997-273, 1997-274, 1997-275, 1997-276, 1997-277, 1997-278, 1997-279, 1997-280, 1997-281, 1997-282, 1997-283, 1997-284, 1997-285, 1997-286, 1997-287, 1997-288, 1997-289, 1997-290, 1997- 291, 1997-292, 1997-293, 1997-294, 1997-295, 1997-296, 1997-297, 1997-298, 1997, 299

REGULAR AGENDA
1. ADOPT RESOLUTION OF APPOINTMENT TO THE UTAH COUNTY CAREER SERVICE COUNCIL
Commissioner Gardner stated he had talked with Debra Gately about reappointment to the Career Service Council and she indicated she did not wish to be reappointed. Commissioner Herbert and Commissioner Grover talked with Sherlynn Finstermaker and Kent Berry and both have expressed willingness to serve on the Career Service Council. The Commissioners agreed that both individuals were qualified to serve. Commissioner Herbert made the motion that Sherlynn Finstermaker be appointed to the Utah County Career Service Council to serve the term which would expire June 30, 2000. The motion was seconded by Commissioner Grover and carried with the following vote:

AYE: David J. Gardner
Jerry D. Grover
Gary R. Herbert

NAY: None
ATTACHED: Resolution No. 1997-43

2. ADOPT RESOLUTION OF APPOINTMENT TO THE NORTH FORK SPECIAL SERVICE DISTRICT BOARD OF OFFICERS
The names of Mike Washburn and Rob Smith were submitted for consideration for the North Fork Special Service District Board of Officers. Commissioner Gardner said the concern that was expressed in the work session was whether a Board Member must be a resident of the district. Kent Sundberg explained that North Fork was established as a Board of Officers twenty years ago. The regulations for this board states the County Legislative Board may appoint officers to administer the district until an Administrative Control Board is established. He expressed concern as to whether the existing Board met the state statute requirements and felt an Administrative Control Board for the district should be established to replace the existing Board of Officers. This would require a resolution to create an Administrative Control Board, and establish membership criteria and operation of the Board. Commissioner Grover expressed the opinion that this agenda item should be continued as he was uncomfortable with making the appointment without knowing the statutes. Mr. Sundberg expressed the opinion that both Mr. Washburn and Mr. Smith would meet requirements for the current board; however, they must be residents of the district to be eligible for the Administrative Control Board. This may also affect members of the current Board of Officers. Commissioner Gardner stated he has received considerable input from residents in the area, including Mr. Smith, indicating favor for the appointment for Mr. Washburn. In fact, the consensus was that the search for individuals should be reopened if Mr. Washburn was not appointed for any reason. Apparently there are individuals who would wish to be considered who had not previously expressed interest because they felt so comfortable with Mr. Washburn representing them. Julie Mack, a Sundance resident, expressed the opinion that a representative should be appointed to the Board of Officers immediately with the necessary change made at a later date. Ms. Mack stated the district is facing a lot of critical challenges and issues at this time and Mr. Washburn is a key player in ensuring that these challenges are resolved. Georgene Burton expressed concern that the district is small and if the Administrative Control Board was established, the best people may not be eligible to be members of the Board. She stated they like the diversity of the current board members who are not necessarily residents and felt the statute should not apply to them because they are small. Commissioner Gardner explained that it did apply since the area was a special service district and they are looking at the state code which speaks to the appointments to the Board. In addition, he explained that if a district is not constituted correctly, every decision and contract entered could be challenged. Glynnis Liberty said she lived at Sundance and felt Mr. Washburn should be included in any activity. She understands there is an issue that should be addressed, but in the interim it is important that they continue to work together. Commissioner Herbert stated in light of the input received, there would be no harm in appointing the seventh member to the Board of Officers and letting them function until the necessary changes were made.

Commissioner Herbert made the motion that Mike Washburn be appointed to the vacant position on the North Fork Special Service District Board of Officers. The motion was seconded by Commissioner Gardner and carried with the following vote:

AYE: David J. Gardner
Gary R. Herbert

NAY: Jerry D. Grover

The motion carried two to one and Mike Washburn was appointed to fulfil the term which expires on December 31, 1998. The Commission will meet with the Board of Officers of the Special Service District as soon as possible to discuss the issues.

ATTACHED: Resolution No 1997-44

3. ADOPT RESOLUTION OF APPOINTMENT TO THE UTAH COUNTY INSPECTION AND MAINTENANCE APPEAL BOARD
Commissioner Herbert mentioned they had discussed the possibility of changing the title of the Board; however this would require revision of the existing ordinance. It was agreed this could take place at a later date as there are appeals now pending that should be resolved. Commissioner Grover said five individuals have expressed willingness to serve on the Board: Bob Campbell, from UVSC; Clay Chestnut and LaMar Thomas, from BYU, who are involved in the motor pool program; Paul Holly, in charge of the county motor pool; and Russell Christensen, a certified chemical engineer who is knowledgeable about the EPA requirements. Initially three individuals will be appointed for four-year terms, and two will be appointed for two years. In the future, appointments of two individuals will take place every two years to ensure continuity of the Board. These individuals will be trained in scope and responsibilities.

Commissioner Grover made the motion that they adopt a resolution of appointment to the Utah County Inspection and Maintenance Appeal Board with Bob Campbell, Paul Holly and Russell Christensen appointed to terms expiring on June 30, 2001; and Clay Chestnut and LaMar Thomas appointed to terms expiring on June 30, 1999. The motion was seconded by Commissioner Herbert Grover and carried with the following vote:

AYE: David J. Gardner
Jerry D. Grover
Gary R. Herbert

NAY: None
ATTACHED: Resolution No. 1997-45

4. ADOPT RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF AN INTERLOCAL COOPERATION AGREEMENT WITH THE TOWN OF ELK RIDGE REGARDING LAW ENFORCEMENT SERVICES
This resolution provides Elk Ridge with a minimum of 80 hours of patrol coverage during a 12-month period and outlines reimbursement and indemnification language with the contract.

Commissioner Grover made the motion that they adopt the resolution approving and authorizing the execution of an interlocal cooperation agreement with the town of Elk Ridge regarding law enforcement services. The motion was seconded by Commissioner Herbert and carried with the following vote:

AYE: David J. Gardner
Jerry D. Grover
Gary R. Herbert

NAY: None
ATTACHED: Resolution No. 1997-46

5. SET DATE AND TIME FOR A CLOSED MEETING TO DISCUSS THE CHARACTER, PROFESSIONAL COMPETENCE, OR PHYSICAL OR MENTAL HEALTH OF AN INDIVIDUAL
Commissioner Grover made the motion to schedule the proposed meeting for Tuesday, July 22, 1997 immediately following the regularly scheduled commission meeting. The motion was seconded by Commissioner Herbert and carried with the following vote:

AYE: David J. Gardner
Jerry D. Grover
Gary R. Herbert

NAY: None

6. SET DATE AND TIME FOR A CLOSED MEETING TO DISCUSS PENDING OR REASONABLY IMMINENT LITIGATION
Commissioner Herbert made the motion to schedule the second closed meeting to take place on Tuesday, July 22, 1997 immediately following the first closed meeting. The motion was seconded by Commissioner Grover and carried with the following vote:

AYE: David J. Gardner
Jerry D. Grover
Gary R. Herbert

NAY: None

7. APPROVAL OF MINUTES OF COMMISSION MEETINGS HELD ON JULY 8 AND 15, 1997 AND CLOSED MEETINGS HELD ON JULY 8 AND 15, 1997
Commissioner Herbert made the motion to approve the minutes of the Commission meetings held on July 8 and 15, 1997 and closed meetings held on July 8 and 15, 1997. The motion was seconded by Commissioner Grover and carried with two in favor and one abstention.

AYE: David J. Gardner
Gary R. Herbert

ABSTAIN: Jerry D. Grover
NAY: None

8. APPROVAL OF PERSONNEL ACTIONS
Roll was called for approval of the Notice of Personnel Actions originating July 17, 1997, which had been reviewed by the Board and approved by the following vote:

AYE: David J. Gardner
Jerry D. Grover
Gary R. Herbert

NAY: None
ATTACHED: Notice of Personnel Actions Continued

9. APPROVAL OF CHECK/WARRANT REGISTERS
Roll was called for approval of check/warrant registers dated 7/15/1997, #039183-#039369 for a total amount of $1,324,016.35; and dated 7/17/97, #039370-#039650 for a total amount of $565,153.06 which had been reviewed by the board and approved for payment by the following vote:

AYE: David J. Gardner
Jerry D. Grover
Gary R. Herbert

NAY: None

ADJOURN TO WORK SESSION TO DISCUSS THE FOLLOWING MATTERS
1. CONSIDER REQUEST FOR SETTLEMENT OR DEFERRAL OF PROPERTY TAXES FOR MICHAEL S. BERNTSEN (04:063:0001, 04:063:0002, AND 40:106:0004)
Commissioner Gardner indicated they have an affidavit requesting a waiver of interest and penalty. Mr. Berntsen reported the tax payments were mailed on November 30, 1996 and were apparently lost in the mail along with several other payments. He stated he called the bank in February to see if the checks had cleared and was told they had not. He also called the Treasurer and was told it sometimes takes a while to process the payments. In the middle of May the bank notified him the checks still had not cleared and he heard from the County Treasurer's Department about two weeks after that. Commissioner Grover recommended that the penalty in the amount of $95.08 be waived based on information that the check was mailed, but not received. This item was referred to the Consent Agenda for July 29, 1997.

2. CONSIDER REQUEST FOR SETTLEMENT OR DEFERRAL OF PROPERTY TAXES FOR BLAINE HALES (38:059:0006)
Commissioner Gardner explained that Mr. Hales alleges there was an error made on the part of the county wherein a requested change of address was not entered properly. Mr. Hales indicates he and a partner own the parcel in question as well as another parcel directly adjacent. In the past the tax notices were mailed to Mr. Hales' home, but as the partner manages the property, he had requested that the tax notices be mailed to him. However, the notices were mailed to one of the tenants in his 4-plex and were never forwarded to the partner. Karen Jordan noted the check received from Mr. Hales indicated the payment should be applied to 38:059:0005 which is apparently a four-plex located next to the parcel in question. This resulted in a double-payment for parcel #38:059:0005 and no payment for parcel #38:059:0006. Both tax amounts were the same. One suggestion was to waive the interest and leave the penalty in place as Mr. Hales had designated the parcel for which the payment was made. The matter was referred to the Regular Agenda for July 29, 1997. Mr. Hales will be invited to attend that meeting.

3. CONSIDER REQUEST FOR SETTLEMENT OR DEFERRAL OF PROPERTY TAXES FOR CONTINENTAL PIPE MFG. CO. (14:025:0140, 14:025:0141, 14:025:0078)
Mr. Ivan J. Murphy represented Continental Pipe. He explained the company had acquired the property in December, 1995. The tax notices were mailed to the wrong address. The first he saw of the tax notice was June 13, 1997. The attorney's address was the only one on the deed and this was the address to which the notice was mailed. The address was only changed today. Mr. Murphy's request was that the penalty be waived. Those present agreed there was no error on the part of the county. This matter was moved to the Regular Agenda for the July 29, 1997 meeting for further action.

4. AUTHORIZE THE HEALTH DEPARTMENT STAFFING PLAN TO INCREASE BY ADDING A ½ TIME REGISTERED NURSE
Dr. Miner said they have a FACT Nurse position which has been a merit position for several years. Two nurses wanted to share that as temporary part-time employees rather than one full-time merit position. He would like to return one of those positions to a ½ time merit position. The remaining temporary part-time position is still filled and this nurse would prefer to stay in that category. Dr. Miner explained it is difficult to fill the nursing positions and they need to be as flexible as possible in order to meet staffing needs. The temporary positions pay more than the merit positions to off-set the lack of benefits. A lot of nurses don't want full-time and it's often easier to fill temporary, part-time positions. Following further discussion, this matter was referred to the Regular Agenda for July 29, 1997 for further action.

5. AUTHORIZE THE HUMAN SERVICES DEPARTMENT STAFFING PLAN TO INCREASE BY ADDING A MERIT FULL-TIME AND A MERIT PART-TIME (5040) TREATMENT AIDE POSITION
Patrick Fleming explained this request was in response to a grant received which allows them to draw from the staffing pool at Foothill. He said it was reasonable to assume this would be a continuing grant so the county should not have to provide funding if the grant were to discontinue. This matter was referred to the Consent Agenda for July 29, 1997.

6. AUTHORIZE THE TREASURER'S OFFICE STAFFING PLAN TO CHANGE BY ADDING A FULL-TIME DEPUTY TREASURER III POSITION AND DELETING AN EXISTING DEPUTY TREASURER II POSITION
Leonard Ellis noted they have lost one of their key employees. Their staffing plan now calls for three Treasurer III's and one Treasurer II and ideally they would start the new person as a Treasurer II; however, the pay scale is not high enough to hire a person with the needed qualifications. Therefore, the vacancy should be filled with an employee that has Treasurer III qualifications. This would leave the person who has been the Treasurer II for the past three years in a lower position. Since this person is doing similar work, she should have the same range of steps. There is a large gap between Treasurer II and Treasurer III although after the Treasurer II employee completes the training, they are doing the same work as the Treasurer III. The only actual difference is in the number of years of employment. Another possibility was to review the position of Treasurer II and bring the pay scale more in line with the responsibilities involved. After further discussion, this matter was referred to the Regular Agenda for July 29, 1997.

7. APPROVE (OR DENY) THE SARATOGA SPRINGS, PUD, SHEET 4, SITE PLAN FOR 43 UNITS ON LOT 403.
Jeff Mendenhall explained the 43 units was originally approved and recorded; however, some adjustments were required in the road way as well as in some of the lot siting to save trees. There are no additional units and the adjustments are minor. The Planning Commission did recommend approval of this amendment. This matter was referred to the Consent Agenda for July 29, 1997.

8. APPROVE (OR DENY) THE LUNDELL-BOTT SUBDIVISION, PLAT "A", TWO LOTS IN THE RR-5 ZONE, ACCEPT DEDICATION OF COUNTY ROADS 12680 SOUTH AND 4000 WEST, ACCEPT IMPROVEMENT BOND IN THE AMOUNT OF $5,431.00 AND MAKE AN EXCEPTION FOR A SUBDIVISION OF LESS THAN A TOTAL OF FIVE ACRES
Jeff Mendenhall said this agenda item was recommended for approval at the last Planning Commission meeting. This involves a two-lot subdivision in the residential zone of Spring Lake. The two lots are fairly small in area with an existing house on one of the lots. The exception to the five areas indicates that if the total area of the sub-division is less than five acres, the County Commission can approve a planned sub-division provided that the parcel is a non-conforming lot of record, and the parcel cannot be added to an existing sub-division or combined with other parcels. It is a separate parcel apart from any other sub-division, nor is there ability to combine the land with other land so it does meet the two exceptions. Both lots combined are less than one acre. They will be hooked up to Spring Lake for water service and the fire hydrant. Sidewalks are now required but curb and gutter is not at present as there are no drainage problems. This situation may change in the future when a draining plan has been developed. This matter was referred to the Consent Agenda for the July 29, 1997 meeting.

9. REVIEW APPLICATION FOR VIOLENT OFFENDER INCARCERATION AND TRUTH-IN-SENTENCING INCENTIVE GRANT
Commissioner Gardner said he had been meeting with Pat Fleming and Sheriff Bateman to discuss the old jail facility and needed relocation of Foothill Treatment Center. If the grant is approved the county will be able to come up with money to build a "work release" annex. This would involve having a combined building that would co-locate work release with the residential treatment facility. This is a unique approach where treatment concepts could be shared in a 48-bed facility. One section would be for work release individuals and the other section would be for residents of the substance abuse program. The total cost would be about $731,000. If they get the amount they have applied for in the grant, the county would be required to come up with $72,000 or 10% of that amount. They've talked with several construction companies and they could be on site immediately. The facility will be staffed by nursing for 24-hours a day which will cut down on the nursing needs at the jail. This matter was referred to the Regular Agenda for the July 29, 1997 meeting.

As there were no further matters to be discussed and no public comments, the meeting was adjourned.

The Minutes of the commission Meeting held on July 22, 1997 were read and approved.

David J. Gardner, Chairman
UTAH COUNTY COMMISSION

ATTEST:
Arlin V. Kuhni
UTAH COUNTY CLERK-AUDITOR

ATTACHMENTS
COPIES AVAILABLE UPON REQUEST
REPORTED BY: Linda Strickland