Tuesday - January 19, 1999

ALSO PRESENT: Kent Sundberg, Deputy Attorney
Arlin Kuhni, Clerk-Auditor
Susan Preator, Personnel Director
Joseph Miner, MD, Health Department
Clyde Naylor, Public Works
Don Nay, Public Works
David Bateman, Sheriff
Randy Covington, Recorder
Geneel Scott, Deputy Clerk-Auditor
Neil Peterson, Data Processing
Richard Nance, Human Services
Richard Bradford, UCB
Jeff Mendenhall, Community Development
Jim Orr, East Mountain Home Owners Association
Myriam Orr, Homeowner
Michelle Clark, Homeowner
Trilby F. Cope, School Volunteer
Ted R. Gwilliam, Homeowner
Edward Young, Homeowner
Genille Poulson, Homeowner
Mike Jacobsen, Provo School District
Mossi White, Provo School District
Sandi Harper, Homeowner
April Ohman, Homeowner
June Johnson, Homeowner
Dave Knecht, Homeowner
Vickie Knecht, Homeowner
Clarissa O'Connor, PTA Board
Denise Bonnett, Homeowner
Paul Davis, Homeowner
Shannon Poulsen, Council, PTA President
Dennis Poulsen, Provo City Council
Shannon Busby, Homeowner - East Mountain
Kevin Busby, Homeowner - East Mountain
Robert Proscla, Homeowner - Southeast State Street
Brenda Marvel, Provo School District
Sharon Emen, Provo School District
Linda Trotter, Provost Neighborhood Chair and Provo Safe Committee
Dana Peters, Homeowner - Slate Canyon Drive
Nola Smith, Homeowner - Nevada Avenue
PRESENT: Cont'd Sherry Alius, Homeowner - 1908 S. Nevada Avenue
Russell Bishop, Homeowner - 984 N 400 W, #C, American Fork
John Amadio, Homeowner - 2103 S Mt. Vista Lane
Retha Amadio, Homeowner - 2103 S Mt. Vista Lane
Lorraine Runyon, Homeowner - 2103 S Mt. Vista Lane
Jolyn, Director for Alcoholic Rehabilitation Center
Shirrel Robinson Young, Thistle, Utah
Rose Young, Homeowner - 1977 E. Oregon Avenue
Gregory Newren, Homeowner - 1947 S. Washington Avenue
Ruth Wagstaff, Homeowner - 2187 S. Tennesee Avenue
Christine Chadwick, Homeowner - 2039 E. Oregon Avenue
Jerry Chadwick, Homeowner, 2039 E. Oregon Avenue
Ann Davis, Homeowner - 1754 S. California Avenue
Tammy Hardy, Homeowner - 1749 S. California Avenue
Lela B. Enlow, Homeowner - 1834 S. Nevada Avenue
Franklin H. Enlow, Homeowner - 1834 S. Nevada Avenue
Ken Mitchell, Homeowner - 1912 S. Oregon Avenue
Ana J. Mitchell, Homeowner - 1912 S. Oregon Avenue
Pauline Hastreiter, Homeowner - 1955 E. Oregon Avenue
Michael Hastreiter, Homeowner - 1955 E. Oregon Avenue
Sandy Packard, Seismic Safety of Buildings
William O. McMeer, Homeowner - 2082 S. California Avenue
Dorothy J. McMeer, Homeowner - 2082 S. California Avenue
Alisa Corfield, Homeowner - Teacher at Maeser Elementary School
Anne-Marie Harrison, Provo School District
Jim Parkin, Provo School District
Melanie McCord, Homeowner
Stan Lockhart, Homeowner - 1754 S Nevada Avenue
Gary McGinn, Provo City
VaNae Lin, Homeowner - Slate Canyon
Dannie Lin, Homeowner - Slate Canyon
Marie Large, Homeowner - East Mountain, Director Human Services
Tom Carter, Provo School District
Jed Morley, Landowner
Joanne Williams, Provo School District
Dale Porter, Maeser School
Scarlett Holman, Homeowner - Slate Canyon
Michael Stewart, Homeowner - 1721 E 1280 S
Brigg Clifton, Homeowner - 1981 S Nevada Avenue
Susan Termant, Homeowner - 2009 S Nevada Avenue
Carol Gibb, Homeowner - 1932 S. California Avenue
Mila Armstrong, Homeowner - 1946 S. California Avenue
Sharon Haddock, Deseret News
Sherilyn Knudsen, Orem Daily Journel
Linda Strickland, Commission Clerk

Commissioner Grover called the Public Meeting of the Board of Utah County Commissioners to order at 9:00 a.m. and welcomed those present. The following matters were discussed:

RECEIVE CITIZEN INPUT CONCERNING THE DISPOSITION OF REAL PROPERTY OWNED BY UTAH COUNTY KNOWN AS THE OLD UTAH COUNTY JAIL
Commissioner Grover prefaced the public hearing with the history of the old Ironton County Jail. In 1995 it became apparent that the size of the new jail would not be sufficient to handle all prisoners when it opened, so the Commissioners determined that an additional pod would be required in the jail. At that time the county sold various surplus properties and approached Provo City, offering to sell all parcels associated with the Ironton Jail. Appraisals were completed, reviewed and accepted by Mayor Stewart with Provo City, including the 1.8 Million Dollar appraisal of the jail property. Provo City then purchased some of the property surrounding the parcel where the jail was located, but opted not to purchase the parcel containing the jail. The county currently has no other surplus properties. The county moved the operations from Ironton to Spanish Fork in 1996 with the exception of work release prisoners and residential substance abuse treatment, The Alcohol Recovery Center, which is a private organization with a 50-year lease, continues to operate from the old county jail site. A public hearing to discuss the future of the jail facility was held in 1996 at the request of the neighborhood. It was made clear to the commission at that time that the neighborhood wanted all jail operations to be moved elsewhere, as well as the County's residential substance abuse facility. The neighborhood and others attempted to raise funds to buy the facility; however, this has not been forthcoming. In response to the neighborhood, the county has been working to design, construct, and fund facilities to accommodate work release and substance abuse elsewhere. Approximately 3 Million Dollars will be required to accomplish this at the Spanish Fork facility. Grants and general taxpayer monies have been allocated for this purpose but the county still requires 1.5 Million Dollars to effectuate the transfer; therefore, the county must realize this amount in order to accommodate that move. Commissioner Grover then discussed the legal sale procedure that the county must follow. In order to sell county surplus property, the sale must be conducted in a fashion open to all bidders, typically by sealed bid; however, the county does have the option to sell directly to another governmental entity. The county, state law and rulings of the Utah Supreme Court require that full and adequate consideration be obtained for the surplus property that is sold. The County Attorney has determined that to be the current market value. He continued the commission has received some input already for this public hearing by way of written communication and phone calls, some of which have requested information the commission cannot legally divulge. He explained there are limitations on what the commission can legally say, i.e., according to state law, a public official who discloses the appraised or estimated value of real estate for sale prior to the sale is guilty of criminal offense. An appraised value may be given to another governmental entity; however, that entity must respect the same protected status.

Commissioner Gardner expressed appreciation for the input the Board has already received. He's had numerous phone calls and written comments which are being taken into consideration. He stressed the fact that the intention is to find a balance where the county can get the cash out of the property, and also meet the needs and expectations that the neighborhood has to get a school placed on some of that property. He added that the purpose of the hearing is to receive input from the citizens and no action for a decision will be taken today.

Commissioner Herbert said their responsibility is to look at what is good for the community at large and the issue is whether the county should, or should not sell the property. He added he expected the support will be toward the sale.

Commissioner Grover then opened the hearing for public comment.

Neighborhood Chairman, Dave Knecht, read a letter his neighbor had received from Governor Leavitt's office in response to an inquiry in 1996 regarding concerns about what may happen to the jail when the new facility is completed. The letter stated the State had no jurisdiction over local planning and zoning. The letter then continued that according to information received from Commissioner Herbert, there were no present plans for the building, and that it may end up being commercial property or apartments. Commissioner Herbert did state that he was sure the facility WOULD NOT be a prison. Mr. Knecht noted the letter states there were no plans; however, he does think there were plans to keep inmates in the facility at least for six-month intervals so the county would not lose the right to run a jail. Stating that the facility would not be a prison may only imply this would not occur while under county ownership. Certainly, if the building is maintained with prisoners housed in it, and appraised as a functioning jail, it will be sold to the highest bidder for a jail. A few years ago they were told that no other city had the zoning to handle a jail; therefore, Spanish Fork had to accommodate the county. Provo City has been accommodating the county for many years and gave them the right and privilege to run a jail. Now that the county is leaving Provo City, the property and building is not worth much, but the franchise or right to run a jail, is worth about 1 Million Dollars over the value of the property itself. Mr. Knecht continued: The county didn't pay anything for the franchise, it was granted for nothing by Provo City, and it would be nice if Provo City didn't suffer by the county selling the property for 1 Million Dollars to somebody who will continue to run a facility that is no longer compatible or desired by the city, school district or public.

Stan Lockhart noted the neighborhood has felt for several years that the facility would not be sold to be used as a jail facility. A few years ago, the neighborhood lobbied the County Commission regarding the jail issue by sending of written comments, expressing their feelings as a neighborhood. A key component of living in Provo is the quality of life which is what the constituents desire and deserve. He expressed the opinion that the Board of Commission, by not keeping property as a jail facility, fulfils their duties to the public at large. Mr. Lockhart said he ran for the position of county commissioner due to some hard feelings he had on this subject. While the jail issue was not the only reason he ran, it was a highly motivating factor because a safe community means a great deal to him personally, to his neighbors and to Provo as a whole. He then discussed the fiduciary responsibility that the commissioners mentioned which is the reason the top market value is required. He stated he had talked with many attorneys for a definition of fiduciary and then read the definition from the dictionary which states: "A person to whom property or power is entrusted for the benefit of another". Based on the nature of trust, Mr. Lockhart felt it was clear that the definition deals with people being in charge of other people and being responsible for them, and the fiduciary issue should not be the main factor when discussing fiduciary responsibilities. It should be the responsibility to the people that the commission represents. This responsibility may encompass money because people all over the county needs something that this money could give them, but it seems that the quality of life issues are far more important than money, especially when dealing with other public entities. In this case Provo City and the Provo School District have stepped in and expressed willingness to make a proposal. He stated it had not been easy to convince these entities to go this route, but they did so because they felt it was their fiduciary duty to help and to try to create a win-win situation. He expressed the hope that as the Board considers their fiduciary responsibilities they will also think of the people for which they are responsible and how a win-win result could be achieved. Mr. Lockhart then discussed the issue of adequate compensation and submitted there are many examples where governmental entities serving the same groups of constituents, come together in ways where the top dollar is not the driving force, and he felt this was one of those cases. He stated he didn't know what adequate consideration there was when the County Administration Building was built, but he knew at least one road was vacated which Provo City was willing to do as they felt they were representing the same group of people. He expressed the hope that the county will work with Provo City and the school district when moving forward on this issue.

Provo City Attorney, Gary McGinn, informed those present that he was representing Mayor Billings who was unable to attend. He continued this issue is very important to Mayor Billings and to Provo City and his absence should not be construed as disinterest. The old county jail has served Utah County and Provo City well. The city has used the jail and has cooperated well with Utah County; however, the time has now come where an alternate use should be considered. Mayor Billings has been involved with the county and has made a proposal for the purchase of the county jail. This proposal price does fall below the 1.5 Million Dollars that the county feels is full and adequate compensation which is required; however, the same statute that deals with the full and adequate compensation also states the compensation does not have to money only, but can be paid in other areas. Provo City does not expect the county to make them a gift of the property; however, they do feel they can give other compensation. Mr. McGinn noted Provo City had also obtained an appraisal on the property in question which came in below the appraisal that the county had obtained, but he acknowledged the conditions placed on the property by the county and the city may have differed, which would explain the difference in the appraisals. He expressed the opinion that the county commission was in a position to review all the options and come up with an alternate plan. Commissioner Grover asked Mr. McGinn to provide some of the alternatives available and reminded those present that the county must go by the recommendation of the County Attorney who is an elected official. Mr. McGinn discussed some dealings which Provo City has had with the state in which property deeds were simply exchanged and the city is currently working with the school district on a proposal that would non-monetary and would help the constituents. Commissioner Grover explained taxpayer money had been used to build the jail facility initially and it will take money to relocate the facilities that remain at that site. He asked if Provo City would be amenable to a zone change and Mr. McGinn replied the City Council would have to make this decision, but they have had a positive reaction when a possible zone change was discussed. He continued Provo City is serious about helping the County Commission have a favorable outcome to this issue which will be the most favorable for all residents.

East Mountain Homeowner, Sandy Harper, stated she has one child attending the Maeser Elementary School and two more small children at home. She indicated she understands the need to make money; however, in business you sometimes need to lose money at first in order to make money in the future. She said children are the future and she expressed fear that when adults place too much emphasis on money, the children may not understand the need for education. Commissioner Grover explained the county is not trying to make money on the sale of the jail property. The total cost for replacing the existing facility is over 3 Million Dollars and the original appraisal was for 1.8 Million Dollars. This amount has been dropped to 1.5 Million which is the minimum amount the county will need to add to other funding in order to provide a new location for the facilities now located on the jail property.

Shannon Poulson, PTA President; remarked she had conducted a tour of the Provo School District schools for all the PTA Presidents. It became obvious during their visit of Maeser Elementary that the students and teachers at that school are operating at a disadvantage. The school is over 100 years old and it is time they had a new facility they can feel good about attending. She added there are two entities who have expressed willingness to make this property available to the children and she felt a school would be the best possible use of the land. She expressed the hope that the Commission will come up with an equitable solution as they are working on the future of these children.

Melanie McCord indicated she had watched this issue evolve for several years and she respects the fact that everyone is working hard to do their fiduciary duty, but hopes that the good for all is being considered. She expressed her personal opinion that there is an adversarial stance between the parties which borders on bureaucratic position that does not serve the public. She added that she hoped all entities would examine their motives to ensure they are doing what is best for the citizens.

Jim Orr, with the East Mountain Homeowners Association, noted his personal driving force is adequate school facilities for his children. The Maeser School is falling apart and in fact, is being held together with strap iron bolted across cracks on the outside of the building. The East Mountain Homeowners Association met and unanimously decided that as a neighborhood they would support any type of effort to get a new school located on the jail property. They also agreed as a homeowner's association, that they would totally oppose a sale that would keep the jail as a prison facility and would try to come with ideas and ways to fight that. The major stumbling block appears to be that the county feels they have to get 1.5 Million dollars in order to vacate that building and construct the new facilities. He disagreed with that premise in that all families, companies and governmental entities struggle with a budget. You look at certain things that you would like to have and things that you have to have and work toward that. Commissioner Grover agreed and replied that an architect had been hired to design the cheapest building possible to relocate the other facilities. This amount was in the neighborhood of 3 Million Dollars. They are depending on other sources to come up with the other 1.5 Million Dollars, assuming the county receives some of the grants for which they have applied. That still leaves the 1.5 Million to fund, so the amount is not arbitrary, it is based on the estimated cost. Mr. Orr said he understood the problem, but still felt the needs of most of the people could be satisfied if the county, the city and the school met to explore all options.

Commissioner Grover noted the Alcohol Recovery Center had not been mentioned. This facility is not a county-owned operation and they hold a 50-year lease on the property. Whatever decision is made must accommodate the terms of that lease, some of which require the payment of money and other considerations.

Denise Bonnett said she understands the county needs 1.5 Million Dollars to move and relocate, but she felt it was also important to understand that a budget does not place value. She noted the school district is under some time constraints due to their bond and apparently the amount offered by the city is not acceptable; therefore, she suggested that perhaps the county could accommodate the school district for the property they need and then work with Provo City for the rest of the property. This would allow the city to look out for its best interest in allowing the right type of development, and the county could get their money from the developer.

Sandy Packard said she has had a long-time concern about the seismic safety of the school buildings in Provo. The area in question, along with other sites that are being considered for schools, is in a seismic fault zone and Gary Christensen of the Utah Geological Survey has advised the school district not to build in this area because of safety concerns in the event of a seismic disaster. For that reason she opposes the county selling the property to the school district for the purpose of building a school and expressed the opinion that it would be short-sighted to do so. She indicated she is aware that Maeser Elementary needs to be replaced and she sympathized with the feeling of not wanting a jail in the neighborhood, but she felt it would be unwise to go against the advice of the Utah Geological Survey.

Vicki Knecht noted she and her husband had bought property in the jail vicinity about the time the county was proposing the new jail and it was their understanding that the old jail would be gone once the new jail was open. She discussed the work release program and asked if these inmates hadn't been located in Spanish Fork for some time. Commissioner Grover replied the inmates had been at both facilities due to the overflow situation. There have been times when prisoners have not been there; however, they have utilized the facility when the need has arisen. Ms. Knecht said she has two children currently attending Maeser Elementary and the condition of the building is of great concern. She asked if the county's appraisal was based on the possible continued use of the building as a jail. Commissioner Grover replied the property was appraised under different scenarios, not just as a jail. She reminded the board that one of the reasons two former commissioners were not re-elected was because they did not listen to the people and she expressed hope that this Board of Commissioners would listen and try to negotiate with the city and school district to build the school at the jail site.

Russell Bishop, from American Fork, stated although he does not live in the area in question; however, he is a parent, a grandparent and a constituent, plus he has grand-children who attend Maeser Elementary. He asked what the county's options would be if they sold the land for less than the needed amount. He expressed willingness to pay additional taxes to make up the deficit if necessary. Commissioner Grover explained an increase in taxes is not an option for this year as the budget has been set and the Truth in Taxation requirements must be met before a tax increase can occur. Mr. Bishop felt there should some way to raise the money if the entities worked together.

Provo Board of Education President, Mossi White, said she does appreciate the Board's dilemma as the Board of Education often find themselves in the same situation. However, she continued, the Provo Board very much wants to build a school in Southeast Provo. The city has been very cooperating in working with the Board and trying to find property already owned by Provo. They cannot build a school that has a jail and Alcohol Recovery Center as next-door neighbors. She noted the great disparity between the two appraisals and she felt the high value the county has on the property is due to a limited, negative use of the property. She said it does not seem fair that one governmental agency would try to force another governmental agency to pay a price that is higher than the value for which the property would be used. In the future the county will not be applauded for holding out for the highest price on property that may be used in a such a way as to have a negative impact on the community.

Jerry Chadwick remarked he had been inside the old jail and agreed it was in very poor condition. He asked if the jail, in its current condition, was saleable to outside parties, and had any outside entities approached the commission to use that facility. Commissioner Grover replied there had been some inquiries in the past; however Board has not entertained any proposals regarding the property because there had been no public hearings and no decision on disposition of the property. He added there had been no recent inquiries from outside parties. Mr. Chadwick asked if upgrades would be required if a party purchased that property with the idea of continuing to use facility for incarceration. Commissioner Grover replied it would take over 1 Million Dollars to upgrade the facility. Mr. Chadwick clarified that the three facilities presently located on the property is the Alcohol Recovery Center which is leasing the land; the over-flow jail and the Foothill Residential Treatment Center and asked how many occupants are currently using the facilities. Commissioner Gardner replied there are 25 occupants in the Treatment Center and 42 in the ARC. Mr. Chadwick expressed the opinion that this is a very expensive relocation for a small number of people and it appears the needs of this group is being considered over the needs of the much larger group in the area. He asked about the possibility of privatizing the treatment center and if the ARC couldn't contribute funds toward their relocation. Commissioner Grover stated there is no motivation for the ARC to contribute toward relocation. Commissioner Gardner added that regarding privatizing the treatment center, The Utah Board of County Commissions is also the Substance Abuse Authority Board for Utah County by state statute which requires them to provide a continuum of services. They do contract some of the services; however, the county saves money by providing some of the treatment. Mr. Chadwick then asked about fund-raising efforts to help generate the required amount needed. Commissioner Grover said they are very willing to work with any ideas, but they have had little success in this type of effort. In closing, Mr. Chadwick commented that all homeowners in the area are aware of the seismic activity; however, he would rather have the children in a new school, rather than an old school, should an earthquake occur.

Dana Peters remarked that she works in real estate where there are buyers and there are sellers and even if the buyer states he must receive a certain amount and the buyer states he can only pay a certain amount, they usually can come up with a compromise where both parties are satisfied. She urged the Board to consider the ideas for solution that are offered.

Maeser Elementary School Teacher, Alisa Corfield, stated the children in that school have many challenges at home with which they must contend. She wants the opportunity to show these children there are ways they can rise above their situations and challenged the Board to find a way to solve this issue.

Dennis Poulson stated that some years ago he had been challenged to convince Provo City to buy this property and has been working with them since that time. Provo City will soon make a proposal for the property to the county and he felt this was a unique opportunity for the entities involved to make a statement for the public good and set an example of cooperation for other government entities.

Commissioner Herbert extended his appreciation for the citizens' involvement in this issue, not only in the public hearing, but also in written comments. He reiterated that the purpose of the meeting was to determine whether the county should or should not sell possible surplus property and the answer appears to be a resounding "yes". He expressed his personal preference that the property not be a jail and the current facilities should be moved to the Spanish Fork location and that is the county's motivation for wanting to sell the property. He also agreed a new school is needed in the area and this should be a great location for the school. However, as sellers the county has the need and responsibility to ensure fair value is received for those assets. He noted appraising is not an exact science, so there may be differences of opinion on what the fair value is. He also agreed that "good will and consideration" as part of fair and adequate value may be part of that. The question remains as whether the county can sell the property at all, based on the difference of what potential buyers are willing to pay, as opposed to what the county needs to receive in order to build the new facilities. He agreed there may be solutions they can explore to cover any deficit. An increase in taxes by the county or the school district is certainly an option. He continued, the ARC must be also be considered as part of the equation and he expressed willingness to try to come up with a solution that would be positive for all.

Commissioner Grover said the desire of the county is to try to respond to the request of the citizens and he is willing to meet with the parties to negotiate a solution that meets the law requirements. He suggested holding a closed session with representatives from the School District, Provo City and the County to discuss options. Commissioner Herbert's make arrangements to schedule the meeting.
Commissioner Gardner made the motion to close the public hearing to discuss the disposition of real property owned by Utah County. The motion was seconded by Commissioner Herbert and carried with the following vote:

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

Nay: None

1. APPROVE AND AUTHORIZE COMMISSION CHAIR TO SIGN THE STANDARD USE AGREEMENT FOR RENTAL OF THE HISTORIC COURTHOUSE
Marty Metzgar January 23, 1999 Rotunda Ballroom $750
Robin Monson January 21, 1999 Rotunda Ballroom $750
Joyce Baron February 5, 1999 Rotunda Ballroom $750

2. APPROVE AND AUTHORIZE COMMISSION CHAIR TO SIGN SERVICE MAINTENANCE AGREEMENT WITH IKON OFFICE SOLUTIONS FOR CANON COPIER, MODEL C6050, ID #D7003, SN NDK62562, LOCATED IN UCB

6. APPROVE JOB DESCRIPTIONS DATED 1/19/99 FOR CORRECTIONS SPECIALIST (CLASS CODE 4011); CORRECTIONS SPECIALIST/CONSTRUCTION TRAINING (CLASS CODE 4023); DIRECTOR/OFFICE OF PERSONNEL MANAGEMENT (CLASS CODE 1090); AND PUBLIC WORKS DIRECTOR/COUNTY ENGINEER (CLASS CODE 1004)

7. APPROVE MINUTES OF PUBLIC MEETING HELD JANUARY 12, 1999 AND CLOSED MEETINGS HELD JANUARY 12, 1999

8. APPROVE CHECK/WARRANT REGISTERS
1998 Checks
Dated 01/12/99; 14:34:10; #072277 - #072399; Total Amount: $198,680.67
Dated 01/14/99; 15:11:32; #072400 - #072489; Total Amount: $147,919.81
1999 Checks
Dated 01/08/99; 15:00:40; #072900 - #073000; Total Amount: $ 41,482.22
Dated 01/14/99; 12:40:58; #073001 - #073223; Total Amount: $643,764.09

Commissioner Grover noted that Commissioner Gardner had left the meeting for a short time, but he had requested Agenda Items No. 3, 4, and 5 be pulled for discussion.
Consent Agenda Items No. 1, 2, 6, 7 and 8 were unanimously approved and authorized as presented.
AGREEMENT NOS. 1999-31, 1999-32, 1999-33 and 1999-34

3. APPROVE AND AUTHORIZE COMMISSION CHAIR TO SIGN SERVICE MAINTENANCE AGREEMENT WITH IKON OFFICE SOLUTIONS FOR CANON COPIER, MODEL 6021, SN NUC27102, LOCATED IN 4-H, EXTENSION SERVICES
Kent Sundberg noted the contract should be with Utah County only and not with 4-H. In addition the inception date only should be on the contract and the expiration date should be removed.
Commissioner Herbert made the motion to approve and authorize the commission chair to sign the service maintenance agreement with Ikon Office Solutions subject to the requested changes. The motion was seconded by Commissioner Grover and carried with the following vote:

Aye: Jerry D. Grover
Gary R. Herbert

Nay: None
AGREEMENT NO. 1999-35

1. APPROVAL OF PERSONNEL ACTIONS ORIGINATING JANUARY 14, 1999
Susan Preator presented the personnel actions and noted there had been no late evaluations.
Commissioner Herbert made the motion to approve the Personnel Actions originating January 14, 1999 as submitted. The motion was seconded by Commissioner Grover and carried with the following vote:

Aye: Jerry D. Grover
Gary R. Herbert

Nay: None
Commissioner Gardner returned to the meeting at this time.

2. APPROVE AND AUTHORIZE COMMISSION CHAIR TO SIGN PROFESSIONAL ENGAGEMENT LETTER WITH GILBERT AND STEWART FOR PROCESSING PAYROLL FOR THE JAIL INDUSTRIES PROGRAM
Commissioner Grover noted it was never the Board's understanding that individuals involved in the Jail Industries Program would be county employees when the program was discussed with Haulmark. Both the County Commission Board and County Clerk-Auditor, Arlin Kuhni, agreed they were not in favor of this due to liability considerations. Further discussion took place during which concerns and options were discussed: Namely, that county employees under the Jail industries Program would be a separate entity and would not have all the benefits of the county merit. The possibility of considering these employees as independent contractors was also discussed. The Board agreed the matter should be tabled until the program could be researched and understood more fully.
Commissioner Herbert made the motion to table Agenda Item No. 2 until the Board had the opportunity to review the program more fully. The motion was seconded by Commissioner Gardner and carried with the following vote:

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

Nay: None
Consent Agenda Items No. 4 and 5 were then discussed:

4. APPROVE AND AUTHORIZE COMMISSION CHAIR TO SIGN A LIMITED LICENSE WITH UNISYS FOR DATA PROCESSING TO USE THE WebWise PRODUCT BY BMI

5. APPROVE AND AUTHORIZE COMMISSION TO SIGN A LIMITED LICENSE WITH UNISYS FOR DATA PROCESSING TO USE THE MapObjects INTERNET MAP SERVER SOFTWARE PRODUCTS OF ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE (ERSI)
Commissioner Gardner asked for clarification of these two license applicationd as they look identical in scope; however, the Board is being charged an administration fee of $475 for each. Neil Peterson explained he had attempted to have both combined under one document; however, Unisys' policy is that they issue a license for every vendor that deals with a government agency and two vendors, BMI and ERSI, are involved. Since two vendors are involved, two administrative fees must be paid.
Commissioner Gardner made the motion to approve Consent Agenda Items No. 4 and 5 as presented. The motion was seconded by Commissioner Herbert and carried with the following vote:

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

Nay: None
AGREEMENT NOS. 1999-36 and 1999-37
The Board then returned to the Regular Agenda.

3. APPROVE AND ADOPT RESOLUTION MOVING THE GIS COMPUTER PROGRAMMER TO PUBLIC WORKS GIS DEPARTMENT, AND AUTHORIZE COMMISSION CHAIR TO EXECUTE DOCUMENT
Commissioner Grover explained this is a budget change which was brought about by the decision to move GIS and staff out to Public Works. Clyde Naylor noted the funds should be transferred to 10-4412, rather than 10-4410 as stated in the Agenda Request.
Commissioner Gardner made the motion to adopt the resolution to move the GIS Computer Programmer to the Public Works GIS Department and to move the funds from Account No. 10-4136 in the Data Center to 10-4412 Public Works Department, effective January 19, 1999. The motion was seconded by Commissioner Herbert and carried with the following vote:

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

Nay: None
RESOLUTION NO. 1999-06

4. APPROVE AND AUTHORIZE COMMISSION CHAIR TO SIGN THE 1999 WILDLAND FIRE BUDGET WITH THE UTAH DIVISION OF FORESTRY FIRE AND STATE LANDS
Commissioner Grover asked if this budget had increased or decreased over past years. It was noted the 1999 budget had been increased by $1000.
Commissioner Herbert made the motion to approve and authorize the Commission Chair to sign the 1999 Wildland Fire Budget as presented. The motion was seconded by Commissioner Gardner and carried with the following vote:

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

Nay: None
AGREEMENT NO. 1999-38

5. APPROVE AND AUTHORIZE COMMISSION CHAIR TO SIGN AN AMENDMENT TO UTAH COUNTY AGREEMENT NO 1997-41, GORDON BULLOCK AND JOAN RICHAN, dba BULLOCK ENTERPRISES, FOR THE LEASE OF PROPERTY LOCATED AT 41 NORTH 400 WEST, PAYSON, UTAH FOR USE AS SOUTH COUNTY WIC CLINIC
Dr. Joseph Miner explained this amendment extends the existing agreement with Bullock Enterprises for the lease of the property to house the South County WIC Clinic. He stated they  looked at other locations and found nothing as reasonable, even with the $50 per month increase.
Commissioner Gardner made the motion to approve and authorize the Commission Chair to sign the amendment to Agreement No. 1997-41 as presented. The motion was seconded by Commissioner Herbert and carried with the following vote:

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

Nay: None
AGREEMENT NO. 1999-39

6. REVIEW AND CONSIDER OFFER TO PURCHASE FIBER OPTIC SYSTEM FROM NORTHSTAR TRUSTEE
Clyde Naylor noted this is a proposal the county would submit to the Bankruptcy Trustee for Northstar for the Northern line. He added this line would provide an annual revenue of about $30,000 to the county in addition to providing service for the county. The county would own all of Northstar's line if the proposal is accepted and negotiations are continuing for the poles.
Commissioner Herbert made the motion to submit the proposal to purchase the fiber optic system as discussed. The motion was seconded by Commissioner Gardner and carried with the following vote:

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

Nay: None
AGREEMENT NO. 1999-40

7. AUTHORIZE THE COMMISSION CHAIR TO SIGN THE COURTHOUSE LEASE WITH AMERICA'S FREEDOM FESTIVAL FOR 372 SQ. FT. OF SPACE, KNOWN AS SUITE 110, AT THE RATE OF $395 PER MONTH
Commissioner Herbert made the motion to authorize the Commission Chair to sign the Courthouse Lease as presented. The motion was seconded by Commissioner Gardner and carried with the following vote:

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

Nay: None
AGREEMENT NO. 1999-41

8. ACCEPT DEED FROM HARBOR FARM, L.C. FOR 6.681 ACRES OF PROPERTY WITHIN LINCOLN BEACH ROAD, AND AUTHORIZING RECORDING OF DEED
Clyde Naylor noted the amount of acreage should be 6.681, rather than 6,681 as stated in the Agenda.
Commissioner Herbert made the motion to accept the deed from Harbor Farm, L.C. as discussed. The motion was seconded by Commissioner Gardner and carried with the following vote:

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

Nay: None
AGREEMENT NO. 1999-42

9. APPROVE AND AUTHORIZE THE COMMISSION CHAIR TO SIGN THE AGREEMENT FOR ARCHITECTURAL SERVICES WITH GILLIES STRANSKY BREMS SMITH ARCHITECTS FOR THE FOOTHILL CENTER, WORK RELEASE BUILDING, AND REMODELING IN C&G PODS OF THE SECURITY CENTER
Commissioner Grover noted the cost to build this facility would be 3.3 Million Dollars and asked if the county was obligated to build the facility if the agreement is signed. Clyde Naylor replied the county would be obligated to pay for the design part of the contract and it can be terminated after the design.
Commissioner Herbert made the motion to approve and authorize the Commission Chair to sign the agreement for architectural services. The motion was seconded by Commissioner Gardner and carried with the following vote:

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

Nay: None
AGREEMENT NO. 1999-43

10. APPROVE AND AUTHORIZE THE COMMISSION CHAIR TO SIGN THE 1999  JANITORIAL AGREEMENT WITH L&L, INC.
Commissioner Herbert noted the service had improved and Clyde Naylor stated a very effective monitoring system was in place.
Commissioner Gardner made the motion to approve the 1999 Janitorial Agreement with L&L, Inc. The motion was seconded by Commissioner Herbert and carried with the following vote:

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

Nay: None
AGREEMENT NO. 1999-44

11. ADOPT RESOLUTION OF APPOINTMENT TO THE NORTH FORK SPECIAL SERVICE DISTRICT BOARD OF OFFICERS
Commissioner Herbert made the motion to adopt the resolution of appointment of Rodney Despain and Mike Washburn to the North Fork Special District Board of Directors, with terms to expire 12/31/2002. The motion was seconded by Commissioner Gardner and carried with the following vote:

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

Nay: None

12. SET DATE, TIME AND LOCATION FOR A CLOSED MEETING TO DISCUSS THE CHARACTER, PROFESSIONAL COMPETENCE, OR PHYSICAL OR MENTAL HEALTH OF AN INDIVIDUAL OR INDIVIDUALS
Kent Sundberg noted this matter should be stricken from the agenda.
Commissioner Gardner made the motion to strike the agenda item regarding a closed meeting. The motion was seconded by Commissioner Herbert and carried with the following vote:

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

Nay: None

NO AGENDA MATTERS WERE SUBMITTED FOR DISCUSSION DURING THE WORK SESSION.

Dave Knecht discussed further the letter from the Governor which had been discussed during the public hearing. Commissioner Herbert noted he had discussed this matter with the Governor's representative who wanted to know how the state had become involved. Commissioner Herbert told him that the county had not involved the state, but he then discussed some of the history of the matter. During the conversation, Commissioner Herbert was asked if the county would be willing to take overflow prisoners from the state in the new jail. Commissioner Herbert told them the agreement between Utah County and Spanish Fork City would not allow accommodation of State Penitentiary inmates. He added that was the only conversation regarding prison inmates and the county is also not inclined to have the State house prisoners at the Provo facility. That is not to say the county will not continue to have prisoners at the old jail when, and as long as necessary. Mr. Krecht then discussed an anonymous phone call he had received from a county employee stating the county was had decided to return prisoners to the Provo Facility in order to stay within the 6-month limits. The Board agreed they have to maintain the conditional use permit. They know they are likely to have overflow inmates and they have no other place to house them, nor the money to build another facility at this time.

There being no further business and no further public comment, the meeting adjourned at 11:15 a.m.
The minutes of the Commission Meeting held on January 19, 1999 were read and approved.

Jerry D. Grover, Chair
UTAH COUNTY COMMISSION

ATTEST:
Arlin V. Kuhni
UTAH COUNTY CLERK-AUDITOR

ATTACHMENTS
COPIES AVAILABLE UPON REQUEST
REPORTED BY: Linda Strickland