The public meeting of the Utah County Commission was called to order by Commissioner Gary R. Herbert at 10 a.m. in room 1400 of the Utah County Administration Building. The following matters were discussed:
 
1. AUTHORIZE COMMISSION CHAIRMAN TO SIGN JTPA CONTRACT 41-44000-602-40 FOR CHRISTINE RYON
The motion made by Commissioner Grover to authorize the JTPA contract as explained in work session on March 27 by Mike Callahan was seconded by Commissioner Gardner and carried by the following vote:
 
AYE: Gary R. Herbert
Jerry D. Grover
David J. Gardner

NAY: None
See Agreement No. 1995-78

2. SET DATE AND TIME FOR A PUBLIC HEARING FOR A MASTER PLAN AND ZONE MAP AMENDMENTS TO CHANGE FROM THE A-1 ZONE TO THE RR-5 ZONE IN THE SARATOGA AREA
The motion made by Commissioner Gardner to set April 19, 1995 at 10:00 a.m. as the date and time for a public hearing relative to the zone map amendment to change an A-1 zone to a RR-5 zone was seconded by Commissioner Grover and carried by the following vote:
 
AYE: Gary R. Herbert
Jerry D. Grover
David J. Gardner

NAY: None
 
3. AUTHORIZE A DEFERRAL FOR PAYMENT OF TAXES DUE ACCORDING TO PROPOSED PAYMENT SCHEDULE
A motion was made by Commissioner Gardner to authorize a payment schedule for Dee Winder as requested and explained in work session on March 27. Of the $119,000 owing, Mr. Winder, on behalf of Comfort Inn, is proposing to pay $80,000 by March 31 and the balance in monthly installments over the next 12 months. It was noted that penalties and interest will continue to accrue. Kent Sundberg requested that Mr. Winder enter into an agreement with the county to this effect. The motion was seconded by Commissioner Grover and carried by the following vote:
 
AYE: Gary R. Herbert
Jerry D. Grover
David J. Gardner

NAY: None
ATTACHED: Agreement No. 1995-276
 
4. ACCEPT THE PRESENTATION OF PETITIONS PROPOSING THE ESTABLISHMENT OF THE FAIRFIELD CEMETERY MAINTENANCE DISTRICT; AND SET A DATE AND TIME FOR A PUBLIC HEARING TO CONSIDER THE PROPOSAL TO ESTABLISH THE FAIRFIELD CEMETERY MAINTENANCE DISTRICT
Kent Sundberg explained that Fairfield has asked that a service district be established to allow for the collection of taxes to maintain the Fairfield Cemetery. He presented the petitions noting that their are more than required. As to the public hearing, it was recommended that April 26 be the date. The notice must be published three consecutive weeks. The motion made by Commissioner Grover to set April 26 at 10:00 a.m. as the date and time for the hearing was seconded by Commissioner Gardner and carried by the following vote:

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

NAY: None
 
5. APPROVAL OF CHECK/WARRANT REGISTER
Roll was called for the approval of the check/warrant register dated 3/24/95, #324581-#324671, total amount $76,047.08 which has been reviewed by the board and approved for payment by the following vote:

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

NAY: None
 

THE MEETING ADJOURNED TO WORK SESSION TO DISCUSS THE FOLLOWING MATTERS:

1. APPROVE AND AUTHORIZE THE COMMISSION CHAIRMAN TO SIGN A CONTRACT WITH THE STATE OF UTAH DIVISION OF BUSINESS AND ECONOMIC DEVELOPMENT FOR $10,000
Richard Bradford explained that this matter is actually a grant to reimburse the county for work already performed. He stated that a couple of years ago when Signetics went down, Commissioner Herbert expressed a concern to UVEDA to work harder to retain and expand existing businesses. Based on that prompting, the UVEDA office wrote a book for the State of Utah called The Business Expansion and Retention Kit. This book has been circulated widely throughout economic development offices all over the state, as well as getting national recognition. It is a tool and resource to help economic development offices save and help expand existing businesses. This action will mark $25,000 in grants received by his office in putting this material together. The matter was referred to April 3 for final approval.
 
2. APPROVE AND AUTHORIZE A CONTRACT AMENDMENT WITH GILLIES STANSKY BREMS SMITH IN THE AMOUNT OF $127,602.00 FOR DESIGN AND OF "C" POD AT THE NEW SECURITY CENTER
Clyde Naylor explained that this is a request to take out of the contingency fund from the present jail project, at least temporarily, $127,602.00 to design the additional ½ of "C Pod" and prepare contract documents in order to get a fixed bid. The estimate for the construction would be $2,529,000 in construction and $139,000 in furniture fixtures and equipment; with architectural fees of $127,602 for a total of just under $1,800,000. It appears to him that amount could be offset by $1,400,000 by selling the vacant land at the existing security center. The balance could be offset by selling other lands that the county has parties interested in. The county has title work now completed on the vacant lands and will be presenting those numbers to the commission in the near future. In addition there will be some payback in 3 to 5 years in savings that would accrue to add the "C Pod" now and abandon the existing security center. He recommended that the commission move in this direction and asked for the board to authorize him to proceed. Clyde stated that later a decision would have to be made to sell the properties to raise the money and then the last phase would be to abandon the old facility. There is some risk involved in the event the county decides to stop after the design phase. The matter was referred to April 3. The contract amendment is forthcoming.

3. APPROVE THE REQUEST FOR A CELLULAR PHONE FOR PAUL HAWKER, PUBLIC WORKS ENGINEERING DIVISION DIRECTOR
Clyde Naylor explained that Paul Hawker will be taking on some extra duties which will take him away from his phone. He needs to be available 24 hours a day. It was Clyde's recommendation that the board authorize a cellular phone for use by Mr. Hawker. The matter was referred to April 3 for final approval.
 
4. APPROVE THE REQUEST FOR THE PURCHASE OF A CELLULAR PHONE FOR BOB WILLIS, PUBLIC WORKS PARKS DIRECTOR, TO REPLACE AN 800 SYSTEM PHONE
Clyde explained that this is an old 800 system phone that they want to replace with a cell phone. It will be less expensive for the county. The matter was referred to April 3 for final approval.
 
5. APPROVE THE REQUEST FOR THE PURCHASE OF A CELLULAR PHONE FOR LAURA BLANCHARD, DIRECTOR OF THE CHILDREN'S JUSTICE CENTER
Laura Blanchard is away from her office much of the time. She would find a cell phone time saving for both her and her office, particularly when she is in Salt Lake City. The auditor will check to see if there is money in the budget to cover the request. The matter was referred to April 3 for final approval.
 
6. DETERMINE WHAT THE COUNTY'S POLICY DECISION IS WITH REGARD TO ENFORCING ROAD STANDARDS ON NEW SUBDIVISONS
Clyde Naylor explained that recently there was a subdivision that came through for approval where the issue of road standard was left hanging. The county zoning ordinance presently reads, with respect to the subdivisions, "all vehicular roads shall be paved with 2½" asphalt over a 6" crushed gravel base and a suitable sub-base in accord with the Utah County Standards Ordinance". It also reads that "where an existing county road boarders the subdivision, the road shall be paved to the full standard width, even if the applicant has record title to only ½ of the road. The applicant shall be required to dedicate only half or the other portion of the required right of way which he owns even when the full width of driving surface is paved". Mr. Naylor pointed out that 95% of the county roads are chip sealed roads which is a much better standard for roads in a unincorporated areas of the county due to the low volume of traffic on the roads. He explained that if you have a low volume road and a standard asphaltic surface, the cracks come in and the traffic doesn't work the cracks sufficiently to keep the cracks from opening up. Consequently, they receive water and frost and breaks the road up. On the other hand, a chip seal road tends to work under the low volume of traffic to work the road. This would not be so in a standard subdivision where there is more traffic. There seems, then, to be an apparent conflict in our own standards.

It was determined that the reason the issue is before the board is to get a feeling as to whether the board deems this appropriate for the planning commission to consider. David Shawcroft stated that this matter does not require any formal action at this time, and the board can simply direct the planning commission to review the matter and return with a recommendation.

Robert Bennion asked about the width of the roads. Commissioner Herbert agreed that the ordinance needs to be revisited in several areas regarding roads.
 
7. APPROVE THE REQUEST OF CLYDE NAYLOR, UTAH COUNTY ENGINEER/PUBLIC WORKS DIRECTOR, TO FREEZE THE COMP TIME OVER 130 HOURS ACCRUED BY BERT LUCAS, PUBLIC WORKS ROADS DIRECTOR, UNTIL BERT'S RETIREMENT, AT WHICH TIME THOSE HOURS AMOUNTING TO 146.25 WILL BE CASHED OUT
Clyde Naylor stated that about a year ago the county personnel policy froze comp time over 130 hours. Mr. Lucas was an exception at that time because he had so much comp time. Because of the amount, it is almost impossible to work it off. This freeze will solve the problem. Mike Callahan did not have a problem with this request. It was noted that this is a very unique situation and only has happen to one or two other employees. The matter was referred to April 3 for final approval.
 
8. AUTHORIZE THE PURCHASE OF FOUR DIGITAL CELLULAR PHONES TO REPLACE FOUR ANALOG CELLULAR PHONES FOR PATROL; ONE PHONE TO BE PURCHASED IMMEDIATELY AND THREE PHONES TO BE PURCHASED LATER IN 1995 IF THE BUDGET PERMITS
Clyde Naylor explained that this is for the replacement of four cell phones for the patrol division. It will provide needed private lines for personnel dealing with sensitive issues and confidential matters. The matter was referred to April 3 for final approval.
 
9. APPROVE AND AUTHORIZE THE COMMISSION CHAIRMAN TO SIGN THE CONTRACT BETWEEN UTAH COUNTY AND PRIMARY CHILDREN'S HOSPITAL
Laura Blanchard explained that the county is on reserve call for Primary Children's Hospital and they have an issue on the wording of the contract. Linda Lewis is very qualified in the area of examinations of abused children and is often called on to perform in this area. This contract will cover the arrangement made between the hospital and Linda. Laura Blanchard noted that this contract is term limited. The matter was referred to April 3 for final consideration.
 
10. APPROVE AND AUTHORIZE DR. MINER AND LAURA BLANCHARD TO SIGN THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CHILDREN'S JUSTICE CENTER AND THE HEALTH DEPARTMENT
Dr. Miner explained that this contract allows for him to provide the Children's Justice Center with backup support when needed. LPN time will be billed accordingly. The matter was referred to April 3 for final approval.

11. APPROVE AND AUTHORIZE THE COMMISSION CHAIRMAN TO EXECUTE THE AGREEMENT FOR PHARMACEUTICAL SERVICES BY INDEPENDENT CONTRACTOR WITH SHOPKO PHARMACY #105, LOCATED IN OREM
John Carlson explained that this was sent out for bid with Shopko coming in with the low bid. The matter was referred to April 3 for final approval.
 
12. APPROVE VACATION OF LOT 2, WEST LAKE ESTATES, PLAT "B"; AND APPROVE WEST LAKE ESTATES, PLAT "C", DEDICATION OF LEHI-FAIRFIELD ROAD; AND BOND AMOUNT OF $100.00
Jeff Mendenhall stated that this is a two-lot subdivision which has been recommended for approval by the planning commission with lot two being vacated. The matter was referred to April 3 for final approval.
 
13. APPROVE ONE LOT PLAT, SUNDANCE RECREATIONAL RESORT, PLAT "I"; NO DEDICATIONS OR BOND REQUIRED
This matter was heard last on the agenda as follows:
 
14. APPROVE THE FREEDOM ACRES SUBDIVISION, PLAT "A"; DEDICATION OF COUNTY ROADS 9150 WEST AND 7750 NORTH; AND ACCEPT IMPROVEMENT BOND IN THE AMOUNT OF $20,865.00
Jeff Mendenhall stated that this is a seven-lot subdivision in an A-1 zone south and west of Lehi. The application has been before the planning commission and referred to the county commissioners with a recommendation for approval. Jeff noted that a dedication of county roads is necessary as well as an acceptance of bond in the amount of $20,865.00. The matter was referred to April 3 for final approval.
 
15. REQUEST FOR ABATEMENT OF PENALTY AND INTEREST FOR THE STEVENETTE'S MALT SHOPPES (#3404) FOR 1984-1992
Mr. Stevenette was not present. Therefore, this matter was continued to work session on April 3.

16. REQUEST FOR PARTIAL PAYMENTS FOR TAXES ON PERSONAL PROPERTY FOR THE YEARS 1992-1995 FOR FOTOGENIX (#29280)
Jeff Jorgensen explained that this was leased equipment and he assumed that the taxes were being paid by the lessor. After an audit, he found that he was responsible for the debt. He asked for a payment plan over a nine month schedule to help bring his account current. The assessor's office recommended a six month payment schedule. The matter was referred to April 3 for a final decision.
 
17. APPROVE AND AUTHORIZE DR. MINER TO SIGN FOR UTAH COUNTY ON THE MAINTENANCE AGREEMENT WITH YOST OFFICE SYSTEMS FOR PANASONIC COPIER LOCATED IN THE HEALTH DEPARTMENT
This maintenance contract is for a Panasonic copier located in the Health Department. The cost is down approximately $200 from last year. The matter was referred to April 3 for final approval.
 
18. ADOPT A RESOLUTION APPOINTING TWO MEMBERS TO THE UTAH COUNTY WEED CONTROL BOARD
Commissioner Grover nominated Rex Larsen and Paul Skabelund. The matter was referred to April 3 for final approval.
 
COMMISSIONER HERBERT DIRECTED THE MEETING BACK TO AGENDA ITEM THREE FOR CONSIDERATION AS FOLLOWS:
 
Jeff Mendenhall explained that this is a situation where there is an existing cabin on the lot which is located just north of the bridge that was recently built. Part of the land that was tied to the cabin was utilized for the new bridge and purchased by Sundance Recreational Resort which resulted in a situation where there was an unapproved land division. As a result, this action is being presented which allows for the cabin to be platted into part of a one-lot, Sundance Recreational Resort, Plat "I". This will place the cabin on its own lot. In the past it was only a piece of unplatted ground. The matter came before the planning commission at the end of last year and approved. There were some conditions to be met and those have been completed at this point. This will also solve the problem Mr. DeLobel has had trying to upgrade his cabin due to the lack of plat. Mr. Mendenhall also noted that a state road fronts the property and no other improvements need to be made. Although the road splits the property, it remains one parcel.

Mr. Bennion stated that the zone is a 20 acre zone. In approximately 1977 the Board of Adjustment met and allowed Mr. Frank, the owner of the property at that time, to build a home on the property with the condition that he combine all of his lots in that area comprising 3½ acres. The Board of Adjustment made this conditional for their approval. Mr. Frank subsequently allowed Mr. Delobel to build on that property and he was issued a building permit about six months after the Board of Adjustment appeal. He never did get a certificate of occupancy from the initial construction. Approximately five years later Mr. Frank sold a portion of his property to Sundance. Mr. Bennion's father and Mr. Jimerson were interested in purchasing that property. However, because of the ruling of the Board of Adjustment regarding further division of the property, they understood the property was unavailable. On that property Sundance eventually built several condominiums as well as moved an existing road. Mr. Bennion stated that he pointed out this illegal circumstance over 10 years ago, and at that time it should have been corrected. He still has not. Further, Mr. Bennion stated that the plat is not in compliance relative to open space, clusters, or 50' clearings.

Mr. Herbert asked that all concerns be submitted to the board in writing to allow for more thorough investigation. The matter was referred to April 3 for final approval.
 
As there were no further matters to be discussed, the meeting was adjourned. Commissioner Herbert allowed 15 minutes for public comments.
 
KEITH MORY, the city administrator for Payson City, approached the board representing the South Utah Valley Municipal Water Association. He introduced himself and explained the purpose of their organization. He explained that several of the south county communities have struggled with water issues for a number of years trying to find ways to solve problems individually. Through multiple conversations they determined that if they united to help each other, they could be more successful. Ten communities are participants in this organization and are as follows: Springville, Spanish Fork, Goshen, Santiquin, Elk Ridge, Salem, Payson, Genola, Woodland Hills and Mapleton. They formed an interlocal agency in January with the intention of solving some of the water concerns. They invited the support of the county.

Mr. Mory introduced Tom Austin, Keith Broadhead, Walter Walser, Richard Heap and Paul Tervort. These gentlemen sit on the board and represent their communities. Mr. Mory stated that he was under the impression that their group would possibly have some input into the commission's recommendation for a CUP representative. He felt that perhaps there had been some miscomunication or that they did not get the information to the county in time, and the county might reconsider the recommendations. He asked the county if this information was accurate. Commissioner Herbert responded in the negative. He went on to explain that the organization made their recommendation to the commission after the final recommendation to the Governor had been made. Three names were sent with the understanding that the Governor would consider those three names and either make a decision or reject all names submitted and ask for a new list of names.

Commissioner Grover stated that he would never rule out a Mayor. He indicated that it was very difficult to find someone that was knowledgeable in water issues, but did not present a conflict of interest. He has made many contacts and explained that the criteria he used was that the nominee had to have knowledge of water, be objective, and he wanted them to feel strongly that Utah County water should not go to Salt Lake.

Commissioner Herbert stated his appreciation the comments of Mr. Mory and assured those present that the board is very concerned about water issues as they effect all of Utah County. He concurred that whoever sits on the CUP Board needs to represent Utah County interests. He encouraged the group to continue in their good efforts and to keep in touch with the commission. He hoped that they would let the commission know any ways that it can be of support.
 
 
The minutes of the commission meeting held on March 29, 1995 read and approved.

Gary R. Herbert, Chairman
UTAH COUNTY COMMISSION

ATTEST:
J. Bruce Peacock
UTAH COUNTY CLERK-AUDITOR

ATTEST:
COPIES AVAILABLE UPON REQUEST
REPORTED BY: Shirley R. Englund