D A T E T U E S D A Y M A Y 21, 2013

THE SALT LAKE COUNTY COUNCIL, STATE OF UTAH, MET ON TUESDAY, MAY 21, 2013, PURSUANT TO ADJOURNMENT ON TUESDAY, MAY 14, 2013, AT THE HOUR OF 4:09:33 PM AT THE SALT LAKE COUNTY GOVERNMENT CENTER, 2001 SO. STATE STREET, ROOM N1100, SALT LAKE CITY, UTAH.

COUNCIL MEMBERS

PRESENT: RANDY HORIUCHI

RICHARD SNELGROVE

JIM BRADLEY

ARLYN BRADSHAW

SAM GRANATO

MAX BURDICK

STEVEN DEBRY, Chair

COUNCIL MEMBERS

EXCUSED: MICHAEL JENSEN

DAVID WILDE

OTHERS IN ATTENDANCE: BEN MCADAMS, MAYOR

SIM GILL, DISTRICT ATTORNEY

JASON ROSE, LEGAL COUNSEL, COUNCIL OFFICE

SHERRIE SWENSEN, COUNTY CLERK

By: LINDA DUFFY & NICHOLE WATT, DEPUTY CLERKS

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Council Member DeBry, Chair, presided.

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Council Member DeBry opened the meeting with an inspirational though/reading/invocation.

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Mr. Greg Schulz, West Township Representative, led the Pledge of Allegiance to the Flag of the United States of America.

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Mr. Greg Schulz, West Township Representative, spoke under “Citizen Public Input” regarding Memorial Day being a time for remembrance of those who made the ultimate sacrifice in the defense of America. He asked that citizens remember the freedoms that this Country enjoys and remember those who have made the ultimate sacrifice.

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Mr. Scott Simons spoke under “Citizen Public Input” regarding recent Government Records Access Management Act (GRAMA) requests for his daughter’s death by a U.S. Marshall and Melissa Kennedy’s daughter’s death by West Valley Police Officers. There seems to be a higher rate of death by police shootings. The evidence and facts need to be communicated to the parents and family of these individuals. Mr. Simons believes the Salt Lake County Council has a rare opportunity to lead the way in transparent government. He would like the Council to compel District Attorney Sim Gill to release documents relating to the shooting of Melissa Kennedy’s daughter. The criminal code is vague and broad. If a police office is afraid of someone, he can shoot them. The criminal code needs to be narrowed down and defined because currently, police officers are the judge, jury, and executioner. Police officers need to be held accountable for their actions.

Council Member Horiuchi stated the County has invested in a cutting edge simulation machine for police involved shootings. All officers in the valley will be required to be trained.

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Mr. Earl Bramhall spoke under “Citizen Public Input” regarding corruption, threats, threats causing death, and health code violations in the Metro Jail. Jail Trustees are required to clean cells that have been contaminated by inmates who have committed suicide. These cells should be sealed off, the Health Department notified, and protective clothing provided to the Trustees before a cell is cleaned. Mr. Bramhall witnessed four trustees ordered by their supervisors to immediately clean a cell without proper equipment. Two trustees saw the inside of a cell and got sick; one trustee asked for protective clothing and was denied. The trustees were given rags and a spray bottle with liquid cleaning fluid and nothing more. Mr. Bramhall notified the Salt Lake County Department and spoke to supervisors who both agreed there was a violation. Mr. Bramhall would like sanctions against Sheriff Winder and his employees. Incidents of this caliber happen every month, and every month these incidents are ignored. He has written the Council several times, but has not received a response regarding this issue.

Council Member DeBry asked his aide, Brian Maxwell if the Council has received any correspondence.

Mr. Brian Maxwell, Council Aide, stated he spoke with the Council’s legal counsel, Jason Rose, regarding correspondence with Mr. Bramhall, and Mr. Rose has sent a response to Mr. Bramhall.

Council Member Bradley asked for Mr. Bramhall’s letter to be shared with the rest of the Council.

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Ms. Brandy Balkin, Director, Equality Utah, spoke under “Citizen Public Input” regarding the Mutual Commitment Registry Ordinance. The ordinance follows a proud tradition of Salt Lake County’s, which is to invite all residents of the County to participate fully in the process and all the benefits the County has to offer. He encouraged the Council to ratify and adopt the ordinance on today’s agenda.

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Mayor Ben McAdams recognized the following Vital Volunteers for serving on the Salt Lake County Tier I and Tier II Zoo, Arts & Parks (ZAP) Advisory Boards.

D E C L A R A T I O N

Whereas, the Zoo, Arts and Parks (ZAP) Advisory Boards were established to provide citizen input through funding recommendations; and

Whereas, the funding recommendations provide cultural opportunities that enrich the quality of life for County residents; and

Whereas, these funds stabilize, enhance and assist diverse arts and cultural organizations throughout Salt Lake County; and

Whereas, the Salt Lake County Mayor and Council, and the ZAP Program deems it appropriate to honor and recognize individuals who have served on Zoo, Arts and Parks Advisory Boards, and thus, have made significant contributions to improve County cultural programs; and

Whereas, Daryl C. Barrett has served on the Tier I Advisory Board since 2007. She has volunteered for many organizations and has been a strong advocate for children. She has provided thoughtful input on the Tier I Advisory Board; and

Whereas, Sue Ferry has served on the Tier II Advisory Board since 2009. She has generously served on a variety of boards for arts and cultural organizations. She has been instrumental in passing arts and cultural legislation at the state level; and

Whereas, Aida Mattingley has served on the Tier II Advisory Board since 2007. She has constantly worked beyond what was expected. She has received many awards for her impressive background and public service efforts; and

Whereas, Haruko Moriyasu has served on the Tier I Advisory Board since 2007. She is a highly respected teacher and has been recognized for her work in diversity and inclusion. She brought a strong conscience to the review process; and

Whereas, Daryl Barrett, Sue Ferry, Aida Mattingley and Haruko Moriyasu have each brought a wealth of experience to the Zoo, Arts and Parks Program, and have served with distinction. Salt Lake County Zoo, Arts and Parks Program would like to recognize them for their service and thank them for giving generously of their time to serve Salt Lake; and

Be it therefore declared, on this 21st day of May, 2013, that Daryl Barrett, Sue Ferry, Aida Mattingley and Haruko Moriyasu are recognized by the Salt Lake County Mayor, the County Council, and the community-at-large for their dedication and service to improve Salt Lake County through cultural programming, and be they therefore declared

2013 Vital Volunteers

Be it further declared that I, Ben McAdams, Mayor of Salt Lake County, do hereby declare that Daryl Barrett, Sue Ferry, Aida Mattingley and Haruko Moriyasu be awarded Certificates of Appreciation and be duly recognized by the Salt Lake County Council and all citizens of the community for their outstanding contributions and generous donations of time to the betterment of Salt Lake County residents and County arts and culture programs.

Signed this 21st day of May, 2013.

By /s/BEN MCADAMS

Salt Lake County Mayor

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Mayor Ben McAdams introduced the newly hired Human Resource Director, Michael Ongkiko.

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Council Member DeBry spoke under “Report of Council Members” regarding the tornado in Moore, Oklahoma. The Council’s hearts, thoughts, and prayers go out to the community, citizens, and families.

Council Member Granato spoke under “Report of Council Members” regarding Urban Search and Rescue team being on call to help Oklahoma tornado victims.

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Council Member Snelgrove spoke under “Report of Council Members” regarding the quality of Wheeler Farm. In the last year, the improvements have been remarkable. The farm is cleaner, signage has improved, and the underbrush has been cleaned out. The Parks & Recreations Division should be commended on their efforts.

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Mr. Brian Maxwell, Council Aide, submitted a letter requesting approval of the appointment of Andrew Paul Bone as a deputy constable under Constable Robert J. Reitz.

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Mr. Brian Maxwell, Council Aide, submitted a letter requesting approval of the transfer of Deputy Constable Jack Howell from Davis County Constable Mark Sessions to Salt Lake County to serve under Constable Silvan Warnick.

Council Member Bradshaw, seconded by Council Member Granato, moved to ratify the vote taken in the Committee of the Whole meeting. [Council Member Jensen, seconded by Council Member Bradley, moved to approve the appointments and forward them to the 4:00 p.m. Council meeting for formal consideration. The motion passed unanimously.] The Council motion passed unanimously, requesting Mr. Bone and Mr. Howell take their oaths at the County Clerk’s Office, showing that all Council Members present voted “Aye.”

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Mr. Adam Miller, Deputy District Attorney, submitted a letter recommending denial of the GRAMA appeal filed by Melissa Kennedy with the Salt Lake County District Attorney’s Office.

Council Member Bradshaw, seconded by Council Member Horiuchi, moved to ratify the vote taken in the Committee of the Whole meeting. [Council Member Granato, seconded by Council Member Burdick, moved to deny the appeal and request Council’s Legal Counsel to finalize the Findings of Fact and Conclusion of Law. The motion passed 7 to 1 with Council Member Bradley voting in opposition.] The Council motion passed, authorizing the Council’s Legal Counsel to write a “Findings of Fact and Conclusion of Law,” and the Chair to sign the decision and deliver it to the Council Clerk for mailing, showing the motion passed 5 to 1 with Council Member Bradley voting “Nay.”

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The Council reviewed the Animal Services Division’s “Rescue Waggin” program as presented during the May 21, 2013, Committee of the Whole meeting.

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The Council reviewed the property tax collection system project with Colorado CustomWare Incorporated (CCI).

Council Member Bradshaw, seconded by Council Member Granato, moved to ratify the vote taken in the Committee of the Whole meeting. [Council Member Bradley, seconded by Council Member Horiuchi, moved to accept the Assessor’s recommendation to move forward with the project, restructuring the milestones making them smaller and more attainable, and reducing the size of the payments to CCI; and to keep the Council informed if there are any problems or if it is not working out. The motion passed unanimously. Council Member Jensen was absent for the vote.] The Council motion passed unanimously, showing that all Council Members present voted “Aye.”

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Ms. Heather Woichik, an employee of the Parks and Recreation Division, submitted a Disclosure of Private Business Interests form advising the Council that she is a Volunteer Elected President for Desert Sharks Triathlon Club and an Event Assistant for Wasatch Area Race Productions/Kiss Me Dirty Race Series.

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Ms. Carrie Cox, an employee of the Salt Lake County Health Department, submitted a Disclosure of Private Business Interests form advising the Council that she is employed by First Step House as an Associate Clinical Mental Health Counselor.

Council Member Bradshaw, seconded by Council Member Granato, moved to accept the disclosure forms and make them a matter of record. The motion passed unanimously, showing that all Council Members present voted “Aye.”

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Mr. Gregory Hawkins, County Auditor, submitted a letter recommending reduction of taxes on the following properties, pursuant to an order of the Utah State Tax Commission. He also recommended that refunds in the amounts indicated, plus appropriate interest, be issued to the taxpayers:

Taxpayer Parcel No. Year Reduction Refund

Deborah Eppstein 15-11-428-022 2011 $ 1,183.01 to $ 1,015.72 $ 167.29

Logan Fast 15-12-433-005 2011 $ 2,101.43 to $ 1,920.48 $ 180.95

Trevor & Angelique Jones 28-30-478-023 2012 $ 2,927.48 to $ 2,670.45 $ 257.03

Coquimbo Capital Holdings 22-17-276-007 2012 $ 1,468.23 to $ 1,177.53 $ 290.70

Frederick & Marcia Burton 28-12-251-017 2012 $ 4,697.54 to $ 4,292.79 $ 404.75

David & Alyce Bone 16-27-428-018 2011 $ 2,492.89 to $ 2,035.94 $ 456.95

Kelaokalani & Timberly Sitake 22-33-127-014 2011 $ 6,213.01 to $ 5,736.00 $ 477.01

TNE Limited Partnership 34-07-376-024 2010 $ 1,078.88 to $ 490.53 $ 588.35

34-07-376-024 2011 $ 1,401.86 to $ 480.09 $ 921.77

34-07-376-025 2011 $ 1,731.28 to $ 480.09 $1,251.19

Michael Carlson 28-11-104-032 2011 $ 2,496.86 to $ 1,076.85 $1,420.01

Red Mountain Asset Fund I 21-05-351-030 2011 $20,237.19 to $15,418.50 $4,818.69

Mission Meadowbrook DST 15-35-400-084 2011 $178,394.38 to $172,106.30 $6,288.08

Palmers Building 21-05-101-003 2011 $58,223.99 to $51,773.70 $6,450.29