July 17, 2001

EXCUSED COMMISSIONER GARY R. HERBERT, CHAIR

ALSO PRESENT: Kent Sundberg, Deputy Attorney
Arlin Kuhni, Clerk-Auditor
Susan Miller, Personnel Director
Monica Critchlow, Purchasing Agent
Cathy Jensen, Deputy Clerk Auditor
Bruce Hymas, Finance Officer
Mel Hudman, Treasurer
Jeff Mendenhall, Community Development
Clyde Naylor, Public Works
Leanne Whitney, Treasurer's Office
Claude Richards, Assessor
Mardene Barker, Assessor's Office
Charlene Christensen, UCB
Russell Hillman, Congressman Cannon's Office
Larry Ellertsen, Eagle Mountain City 
Don Meyers, Daily Herald 
Sharon Haddock, Deseret News
Linda Strickland, Commissioner Clerk

Commissioner Grover called the meeting to order at 9:00 a.m. and welcomed those present. He excused Commissioner Herbert and indicated Robert's Rules of Order would be waived during the meeting. The following matters were discussed:

PUBLIC HEARING TO DISCUSS AMENDING SECTIONS 1-2, 7-15, 7-20 AND 7-22 OF THE UTAH COUNTY ZONING ORDINANCE RELATING TO BOARD OF ADJUSTMENT ACTIONS (Hearing set June 26, 2001)
Jeff Mendenhall explained this amendment involves some changes in the language. Commissioner Grover said they like to receive the red-lined copies so they can easily see the changes, which did not happen in this case. Mr. Mendenhall read the changes that had taken place as follows: Part I, Section 1-2-O is an additional paragraph that will be added to the purpose of the general provisions; Part II, Section 7-15 adds "some other purpose" which is new wording; Part III, Section 7-20 has the same meaning, but has been re-worded for clarification; Part IV, Section 7-22, "C" is new and "D" is also new which allows the Board of Adjustment to extend their approval for more than one year if they deem necessary. Commissioner Grover asked how often it has been necessary to extend approval for over a year. Mr. Mendenhall replied this does not happen very often and the applicant would have to show a need for this. Commissioner Grover noted that the staff would not be notifying everyone around the property of the extended period of time. He said this section is the only part with which he has issue and they perhaps need better clarification on the notice. Commissioner Grover then opened the hearing to the public. There were no comments.
Commissioner Gardner made the motion to close the Public Hearing to discuss amending Sections 1-2, 7-15, 7-20 and 7-22 of the Utah County Zoning Ordinance relating to Board of Adjustment Actions. The motion was seconded by Commissioner Grover and carried with the following vote:

AYE: Jerry D. Grover
David J. Gardner

NAY: None

PUBLIC HEARING TO DISCUSS AMENDING THE UTAH COUNTY GENERAL PLAN FOR AN ELECTRIC POWER TRANSMISSION LINE IN SECTIONS 2, 3, 16 AND 21, T5S, R1W (Hearing set June 26, 2001)
Jeff Mendenhall explained this power line has been requested by Eagle Mountain. Two segments of the line runs through unincorporated Utah County and the Planning Commission has recommended approval. One segment runs through Saratoga Springs and this will need to be approved by that city. Larry Ellertsen from Eagle Mountain noted the town of Saratoga Springs had approved the transmission line at their previous meeting. Mr. Mendenhall noted the Collins Brothers Oil Company had expressed concern about the power line as pertaining to future development on their property which is located in Saratoga Springs. Mr. Ellertsen said he understood that easements and right-of-ways would need to be obtained from the involved landowners. There were no further comments.
Commissioner Gardner made the motion to close the Public Hearing to discuss amending the Utah County General Plan for an electric power transmission line in Sections 2, 3, 16 and 21, T5S, R1W. The motion was seconded by Commissioner Grover and carried with the following vote:

AYE: Jerry D. Grover
David J. Gardner

NAY: None

1.    APPROVE AND AUTHORIZE THE COMMISSION CHAIR TO SIGN THE STANDARD USE AGREEMENTS FOR RENTAL OF THE HISTORIC COURTHOUSE BY HEATHER ANDRESS ON JULY 21, 2001 FOR A FEE IN THE AMOUNT OF $900 AND BY DEVON McOMBER ON AUGUST 4, 2001 FOR A FEE IN THE AMOUNT OF $900

2.    APPROVE AND AUTHORIZE DR. MINER TO SIGN THE PARTICIPATING FACILITY AGREEMENT WITH INTERMOUNTAIN HEALTH CARE (IHC) WHICH PROVIDES FOR SERVICES TO MEMBERS OF THE IHC HEALTH PLAN(S)

3.    APPROVE AND AUTHORIZE THE COMMISSION VICE-CHAIR TO SIGN THE TOBACCO PREVENTION AND CONTROL MINI-GRANT AGREEMENT IN THE AMOUNT OF $7,920 WITH PLEASANT GROVE HIGH SCHOOL

4.    APPROVE AND AUTHORIZE THE COMMISSION VICE-CHAIR TO SIGN THE TOBACCO PREVENTION AND CONTROL MINI-GRANT AGREEMENT IN THE AMOUNT OF $7,224.25 WITH THE BOYS AND GIRLS CLUB OF UTAH COUNTY

5.    APPROVE AND AUTHORIZE THE COMMISSION VICE-CHAIR TO SIGN AN AGREEMENT WITH GOODMAN'S SPEAKER'S BUREAU TO SPONSOR THE WELCOME RECEPTION FOR THE FALL 2001 MEETING PLANNERS' RETREAT

6.    APPROVE AND AUTHORIZE THE COMMISSION VICE-CHAIR TO SIGN AN AMENDMENT TO AGREEMENT NO. 2001-341 WITH VACATION PLANNING SERVICE, A.K.A. DELAFIELD GROUP, INC., FOR "2002 RAND McNALLY ROAD ATLAS" AND A LISTING ON THE VACATION PLANNING SERVICE, TRAVELINFORMATION-.COM WEBSITE

7.    SET A DATE AND TIME FOR A PUBLIC HEARING TO CONSIDER AMENDING AND INCREASING THE BUDGETS IN THE COUNTY'S GENERAL FUND AND VARIOUS OTHER BUDGETARY FUNDS-Suggested Date: July 25, 2001 at 10:00 a.m.

8.    AUTHORIZE THE COMMISSION VICE-CHAIR TO DECLARE THE FOLLOWING FIRE-ARM AS SURPLUS AND ALLOW FOR THE TRANSFER OF SAID FIREARM TO RE-TIRING UTAH COUNTY DEPUTY SHERIFF GARY ADAMS: GLOCK, MODEL 22, SERIAL NO. DYU516US, PURSUANT TO SECTION 8-201 OF THE UTAH COUNTY PROCUREMENT RULES AND REGULATIONS

9.    APPROVE AND AUTHORIZE THE COMMISSION VICE-CHAIR TO SIGN THE CO-OPERATIVE AGREEMENT WITH THE UTAH DEPARTMENT OF TRANSPORTATION FOR REMOVAL OF NOXIOUS WEEDS ADJACENT TO STATE HIGHWAYS, IN THE AMOUNT NOT TO EXCEED $4,500

10.    APPROVE AND AUTHORIZE THE COMMISSION VICE-CHAIR TO SIGN CHANGE ORDER NO. 02A TO AGREEMENT NO.2001-13 FOR MINOR ITEMS IN THE REST-ROOM CONSTRUCTION AT THE EQUESTRIAN PARK, IN THE AMOUNT OF $1,510.50

11.    APPROVE AND AUTHORIZE THE COMMISSION VICE-CHAIR TO SIGN CHANGE ORDER NO. 02B TO AGREEMENT NO. 2001-13 FOR MINOR ITEMS IN THE RESTROOM CONSTRUCTION AT INLET PARK, IN THE AMOUNT OF $406.25

12.    APPROVE AND AUTHORIZE THE COMMISSION VICE-CHAIR TO SIGN CHANGE ORDER NO. 02C TO AGREEMENT NO. 2001-13 FOR MINOR ITEMS IN THE RESTROOM CONSTRUCTION AT LINCOLN BEACH, IN THE AMOUNT OF $776.50

13.    APPROVE THE MINUTES FOR THE JULY 10, 2001 PUBLIC MEETING AND THE MINUTES FOR THE JULY 10 2001 CLOSED MEETING

14.    RATIFICATION OF PAYROLL
Payroll #14: 333 Checks - 219,443.46 580 Deposits - 535,265.41 Net - $754,708.87

15.    CHECK REGISTER WARRANT
07/10/01-13:56:29 124540-124780 TOTAL: $ 310,476.92 
07/12/01-15:09:48 124781-124926 TOTAL: $1,068,661.35

Commissioner Grover recommended approval of Consent Agenda Items 1-15 with the understanding that Item No. 8 would be premised on approval of Item No. 8 from the regular agenda. In addition, Commissioner Grover recommended moving the following Regular Agenda Items to Consent: Nos. 2, 3 and 11 for approval; No. 5 for continuance to July 25^th; and Nos. 9 and 10 for adoption. There were no objections.

2.    TAKE ACTION ON PUBLIC HEARING HELD JULY 17, 2001 TO DISCUSS AMENDING THE UTAH COUNTY GENERAL PLAN FOR AN ELECTRIC POWER TRANSMISSION LINE IN SECTIONS 2, 3, 16 AND 21, T5S, R1W

3.    APPROVE PERSONNEL ACTIONS ORIGINATING JULY 12, 2001

5.    APPROVE AND AUTHORIZE COMMISSION VICE-CHAIR TO EXECUTE AN AGREEMENT BETWEEN UTAH COUNTY AND UTAH VALLEY TRANSIT TO CHARTER BUSES FOR THE CREATING KEEPSAKE UNIVERSITY, A SCRAPBOOKING CONVENTION

9.    ADOPT A RESOLUTION APPOINTING PETER QUITNER AND KRISTEN JONES AS COUNTY BAIL COMMISSIONERS

10.    ADOPT A RESOLUTION APPOINTING MARCY SWAN AND HARLOW S. CLARK TO THE BOARD OF DIRECTORS OF THE UTAH COUNTY LIBRARY BOARD: TERM EXPIRING JUNE 30, 2005

11.    APPROVE AND AUTHORIZE THE COMMISSION VICE-CHAIR TO EXECUTE AN AGREEMENT WITH R. BLAINE FRAZIER

Consent Agenda Item Nos. 1-15 and Regular Agenda Item Nos. 2, 3, 5, 9, 10 and 11 moved to Consent were unanimously approved, authorized, set, ratified, acted upon, continued and adopted.

AGREEMENT NOS. 2001-374, 2001-375, 2001-376, 2001-377, 2001-378, 2001-379, 2001-380, 2001-381, 2001-382, 2001-383, 2001-384, 2001-385 and 2001-386

ORDINANCE NO. 2001-16

RESOLUTION NOS. 2001-52 and 2001-53

1.    TAKE ACTION ON PUBLIC HEARING HELD JULY 17, 2001 TO DISCUSS AMENDING SECTIONS 1-2, 7-15, 7-20 AND 7-22 OF THE UTAH COUNTY ZONING ORDINANCE RELATING TO BOARD OF ADJUSTMENT ACTIONS 
Commissioner Grover recommended this matter be reviewed and brought back to the next Commission meeting.
Commission Gardner made the motion to continue Regular Agenda Item No. 1 to the July 25, 2001 after the issue has been reviewed by the attorneys and Community Development. The motion was seconded by Commissioner Grover and carried with the following vote:

AYE: Jerry D. Grover
David J. Gardner

NAY: None

4.    APPROVE OR DENY APPLICATION FOR SETTLEMENT OR DEFERRAL; OR REFUND OR REDUCTION OF PROPERTY TAXES ERRONEOUSLY OR ILLEGALLY ASSESSED OR PAID MORE THAN ONCE BY MICHAEL AND MARJORIE HOLT ON PARCEL NO. 39:022:0007 (Referred from July 3, 2001 Work Session and continued from July 10, 2001 Regular Agenda)
Mel Hudman noted that Mrs. Holt had understood the facts after his initial meeting with her; however, she apparently had more questions. He indicated there was no error made on the part of the county, but she may have misunderstood the county employee's meaning when she was told "the county would take care of the matter". The only thing the county could do would be to inform the mortgage company that the payment had been made on the wrong parcel, which they did. The county cannot do more than that. Therefore, it appears any error was made by the mortgage company.
Commissioner Gardner made the motion to deny the application made by Michael and Marjorie Holt on Parcel No. 39:022:0007. The motion was seconded by Commissioner Grover and carried with the following vote:

AYE: Jerry D. Grover
David J. Gardner

NAY: None

6.    APPROVE OR DENY REVISED UTAH COUNTY GOVERNMENT SCHOOLING AND CONFERENCE TRAVEL POLICY 
Commissioner Grover noted the 85% criteria for travel advances has been removed from the policy and the word "reimbursement" has been changed to "compensation". Employees will be required to submit reconciliation of their travel expenses with the auditor's office within 30 days of completion of their travel. Any discrepancies observed during reconciliation must be resolved by the employee within 15 days. If this discrepancy is not resolved within that time period, the auditor's office will forward details of the discrepancy to the county attorney and commission. Commissioner Gardner said they need to be more flexible in the identification of premium cities and there could be a provision on the travel reimbursement form where an additional premium city could be added. Bruce Hymas noted a lot of employees are using rental cars; there has been no way to justify this and perhaps this could be clarified. Commissioner Grover said the department should submit the predetermination of expenses and the cost of a rental car should be included. Monica Critchlow stated another issue is in the case where several employees are going to the same event and each wants his/her own rental car. Commissioner Grover said if it is determined that one rental car will suffice, then that is all that has to be approved. However, Commissioner Gardner noted this issue should be resolved by the department heat prior to approval. 00Mr. Hymas said this has only become an issue when the reason given is that it is for the employee's convenience. Commissioner Gardner felt this should not be a situation where the auditor's office can override the recommendation made by the department head; however, the auditor can return the request to the department head for review when other methods of transportation would be less expensive. The Board of Commissioners can also make this an issue if necessary. Commissioner Grover noted the Procurement Code requires that the most cost-effective methods be used. Mr. Hymas suggested that the use of a rental car should be justified over other forms of transportation. Many times the employee will get a room that is some distance from the conference and sometimes this is because the room is closer to a vacation site and the rental car is used for both the vacation and the conference. Commissioner Gardner said if the employee extends the time for the conference in order to take vacation days, then that additional cost for the rental car should be reimbursed to the county. Commissioner Grover said the policy should state the least expensive method of transportation should be used and read a summary of changes: Section I should state "the use of county vehicles or rental cars for schooling or conference travel should be justified to not exceed normal transportation costs; and use should be consolidated in case of travel by multiple employee. The preauthorization should state that travel options made by employees will not exceed the lowest costs. Kent Sundberg will revise the policy.
Commissioner Gardner made the motion to approve the amended Utah County Government Schooling and Conference Travel Policy with the revisions discussed. The motion was seconded by Commissioner Grover and carried with the following vote:

AYE: Jerry D. Grover
David J. Gardner

NAY: None
POLICY NO. 2001-05

7.    ADOPT ORDINANCE AMENDING THE UTAH COUNTY GOVERNMENT POLICY FOR FOOD AND MEALS AND/OR STAFF APPRECIATION OTHER THAN TRAVEL
At the previous meeting the Board agreed firearms could be presented to retiring officers, regardless of value. However, Bruce Hymas noted the time of service should be considered. Also, the police magazines for the firearms must be removed, but he wasn't sure whether these were replaced with civilian magazines or if the retiree bought their own. Commissioner Grover noted a 10-year service requirement would be reasonable. He said that Section 4 should state: "an employee who carried a sidearm during the course of his/her employment, and who has been employed by Utah County for more than 10 years, may receive his/her current sidearm at the time of retirement, regardless of value. Officers who do not want their sidearm will receive gifts that fit within the regular range. These revisions will be included in the policy. Those present then discussed the policy for luncheons. The current policy states the county will pay for one luncheon per year, other than some advisory boards who may meet more often. Kent Sundberg noted this should not be an ordinance, but a policy only and the agenda wording should be changed to stated "Adopt amended Utah County ..."
Commissioner Gardner made the motion to adopt the amended Utah County Government Policy for Food and Meals and/or Staff Appreciation Other than Travel. The motion was seconded by Commissioner Grover and carried with the following vote:

AYE: Jerry D. Grover
David J. Gardner

NAY: None

8.    ADOPT A RESOLUTION OF AWARD OF COUNTY PERSONAL PROPERTY AS A GIFT TO RETIRING COUNTY SHERIFF'S DEPUTY
Based on approval of No. 7 regarding the staff appreciation policy, the recommendation was made to approve this request.
Commissioner Gardner made the motion to adopt a resolution of award of county personal property as a gift to retiring county sheriff deputy, Gary Adams. The motion was seconded by Commissioner Grover and carried with the following vote:

AYE: Jerry D. Grover
David J. Gardner

NAY: None
RESOLUTION NO. 2001-54

12.    SET A DATE, TIME AND LOCATION FOR A CLOSED MEETING TO DISCUSS THE CHARACTER, PROFESSIONAL COMPETENCE, OR PHYSICAL OR MENTAL HEALTH OF AN INDIVIDUAL OR INDIVIDUALS

13.    SET A DATE, TIME AND LOCATION FOR A CLOSED MEETING TO DISCUSS PENDING OR REASONABLY IMMINENT LITIGATION
Commissioner Gardner made the motion to set the date, time and location for closed meetings to discuss the character, professional competence, or physical or mental health of an individual or individuals; and to discuss pending or reasonably imminent litigation to immediately follow the public meeting on July 17, 2001 in the Commission Chambers. The motion was seconded by Commissioner Grover and carried with the following vote:

AYE: Jerry D. Grover
David J. Gardner

NAY: None

Since Mr. Booth Tripp was the only applicant in attendance, the Board agreed to discuss Work Session Item No. 3 first.

3.    CONSIDER APPLICATION FOR SETTLEMENT OR DEFERRAL; OR REFUND OR REDUCTION OF PROPERTY TAXES ERRONEOUSLY OR ILLEGALLY ASSESSED OR PAID MORE THAN ONCE BY BOOTH TRIPP PIANO TUNING ON ACCOUNT NO. 13922
Commissioner Grover explained the ordinance to Mr. Tripp which dictates which actions the Board may or may not take. He said Mr. Tripp had met most qualifications; however, the history on his tax payments indicated a record of late payments and he asked if Mr. Tripp had additional information. Mr. Tripp replied he did not and he was provided with the record of payments. The Board referred this application to the July 25, 2001 Regular Agenda for approval or denial.

1.    CONSIDER APPLICATION FOR SETTLEMENT OR DEFERRAL; OR REFUND OR REDUCTION OF PROPERTY TAXES ERRONEOUSLY OR ILLEGALLY ASSESSED OR PAID MORE THAN ONCE BY RICHARD AND SHIRLEY HORSLEY ON PARCEL NO. 37:004:0010
The Board recommended waiving the penalty and interest on this matter and providing a deferral agreement for payments on past taxes based on the best interest of the county under 1347. . Brenda Allen had indicated she would send future abatement applications to an outreach worker who will help Mr. and Mrs. Horsley keep their abatements up-to-date. Kent Sundberg said Mrs. Horsley would also need to sign the 1347 application and he will prepare a deferral agreement to be signed by Mr. and Mrs. Horsley. Agenda Item No. 1 was referred to the July 25, 2001 Consent Agenda for approval of the deferral agreement.

2.    CONSIDER APPLICATION FOR SETTLEMENT OR DEFERRAL; OR REFUND OR REDUCTION OF PROPERTY TAXES ERRONEOUSLY OR ILLEGALLY ASSESSED OR PAID MORE THAN ONCE BY LASTING IMPRESSIONS (MINDY HAILE) ON ACCOUNT NO. 20215
The Board stated that review of this matter indicated the taxes on this account have always been paid in a timely manner and the recommendation was to reduce the penalty to $25. Agenda Item No. 2 was referred to the July 25, 2001 Consent Agenda for reduction of the penalty.

4.    CONSIDER APPLICATION FOR SETTLEMENT OR DEFERRAL; OR REFUND OR REDUCTION OF PROPERTY TAXES ERRONEOUSLY OR ILLEGALLY ASSESSED OR PAID MORE THAN ONCE BY JARED LARSON ON PARCEL NO. 41:410:0201
Review of this application revealed that no error was made by the county; therefore the matter was referred to the July 25, 2001 Consent Agenda for denial.
 

There being no further business nor public comments, the meeting adjourned at 10:00 a.m.
The Minutes of the July 17, 2001 meeting were read and approved.

Jerry D. Grover, Vice-Chair
UTAH COUNTY COMMISSION

ATTEST:
Arlin V. Kuhni
Utah County Clerk-Auditor

COPIES AVAILABLE UPON REQUEST
REPORTED BY: Linda Strickland